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by timje1 4681 days ago
The real test of this will be if software companies flood to New Zealand to tinker to their hearts content without fear of litigation... or if they flee NZ for fear of invalidating any patents they could have brought on their upcoming software.

I'd like to be able to say it will be the former, but I bet corporate lawyers will be pushing for the latter (if only out of a sense of self-preservation).

1 comments

If the product is created in NZ that uses technology patented in US for example, would it still be legal for them to do business in US, like offering services?
Technically, it's import could be banned, but this only matters if you're Samsung.

Practically speaking I doubt the typical east Texas troll even has a clue what kind of shakedown letter to send abroad.

No. But then, is selling software over a .nz web site to an US resident doing software in NZ or US?
That depends on who is suing you, and where they file.

I remember a decision from a few years ago that said something to the effect that any activity that involved transmission of data through the US could be interpreted as having happened in the US, even if the computers, their owners, and operators all resided outside the US.