Long-arm jurisidiction and digital copyright infringement (COA Mar 23 2011)

CPLR 302(a)(3)(ii): In copyright infringement case involving the uploading
of a copyrighted literary work onto the internet, the situs of injury for
long-arm jurisdictional purposes is the location of the copyright holder.
SDNY therefore had jurisdiction over suit since the principal place of
business of plaintiff-copyright holder was New York City. Defendant was an
Oregon not-for-profit corporation whose principal place of business was in
Arizona which had electronically copied and uploaded complete copies of four
of plaintiff’s copyrighted books onto defendant’s website in Oregon and/or
Arizona. The out-of-state location of the infringement was less important
where digital piracy is involved because of the works’ instate availability
to everyone in the country and the world. Penguin Group (USA) Inc., v.
American Buddha, (NY COA 3/24/11). http://bit.ly/eIPBoz.

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