The case of the day is Advanced Access Content System Licensing Administrator, LLC v. Shen (S.D.N.Y. 2018). Advanced Access sued Feng Tao for violations of the Digital Millennium Copyright Act “in connection with Defendants’ trafficking of products designed to circumvent Plaintiff’s encryption technology.” It sought and received leave to serve Feng Tao, a resident of China, with service of process by email. After the court entered a preliminary injunction and the clerk entered Feng Tao’s default, Feng Tao appeared in the case seeking reconsideration of the default and modification of the injunction. The court of appeals affirmed those interlocutory orders over arguments that the service of process was improper. Advanced Access moved for entry of default judgment. Feng Tao then moved to dismiss for…
Tagged: China, Email, Hague Service Convention, translation