Microsoft Corp. v. Yokohama Telecom Corp.
Opinion
Opinion
Taylor, J.
ORDER GRANTING SUMMARY ADJUDICATION
The court holds the broad wording of California’s privileged publication statute, California Civil Code § 47(d), can accord an absolute privilege to a litigant’s paid newspaper announcement of a lawsuit’s allegations.
I. BACKGROUND
Microsoft Corporation sued defendants for copyright and trademark infringement. Defendant Yokohama counterclaimed, contending it was damaged by an allegedly defamatory paid announcement published by Microsoft in the Shih Chie Jin-pao or World Daily newspaper.
The announcement was directed at computer system builders and warned of Microsoft’s ongoing anti-piracy investigation and enforcement program. Among others, the announcement identified Yokohama as a company “alleged to have distributed counterfeit Microsoft products to undercover investigators.”
Microsoft has moved on privilege -grounds for summary adjudication of Yokohama’s defamation counterclaim.
II. DISCUSSION
California law defines several areas which are absolutely jprivileged from defamation actions. Here, Microsoft contends the publication absolute privilege in Cal. Civ.Code § 47(d) protects its paid announcement in the World Daily.