Should Internet Copyright Infringement Alter the Jurisdictional Analysis Under the Long-Arm Statute?
Long-arm statutes were designed to extend personal jurisdiction outside of state lines. But no doubt the legislators who enacted these statutes never dreamed that the long arm they were creating might stretch around the world thanks to the internet. P enguin v. American Buddha is the latest case to shape the boundaries of the long-arm statute in an internet age. I earlier posted about 2d Circuit opinion here. The 2d Circuit referred the jurisdiction issue in Penguin to the New York Court of Appeals. The issue, for purpose of determining long-arm jurisdiction under CPLR § 302(a)(3) (ii), is: what is the situs or location of injury of an copyright infringing action where the infringement is committed outside New York. There are two possible answers. The situs may be the location where the infringing action took place. That is the result the district court reached; and Amercian Buddha urges the Court to follow. Or the situs may be the residence or location of the principal place of busine
Long-arm statutes were designed to extend personal jurisdiction outside of state lines. But no doubt the legislators who enacted these statutes never dreamed that the long arm they were creating might stretch around the world thanks to the internet. P enguin v. American Buddha is the latest case to shape the boundaries of the long-arm statute in an internet age. I earlier posted about 2d Circuit opinion here. The 2d Circuit referred the jurisdiction issue in Penguin to the New York Court of Appeals. The issue, for purpose of determining long-arm jurisdiction under CPLR § 302(a)(3) (ii), is: what is the situs or location of injury of an copyright infringing action where the infringement is committed outside New York. There are two possible answers. The situs may be the location where the infringing action took place. That is the result the district court reached; and Amercian Buddha urges the Court to follow. Or the situs may be the residence or location of the principal place of busine
