The ubiquity of the Internet and the ease with which copyrighted material can be widely distributed across boundaries have created novel issues regarding personal jurisdiction. In recent years, accused infringers have challenged the jurisdictional reach of federal courts in disputes over online file-sharing and copyright infringement and raised dynamic legal issues that compel courts to balance the right to seek redress against the principle of judicial fairness. For example, if a party infringes a work produced by a publisher located in one state, but the copying and distribution occurred on computers located in two other states, where did the “infringement” occur for purposes of personal jurisdiction? Moreover, can a copyright holder sue in a single forum hundreds of geographically diverse individuals accused of downloading a copyrighted movie simply because the defendants participated in a single BitTorrent “swarm”?
This article will discuss jurisdictional issues involving online copyright infringement under New York law, as well as the emerging issues surrounding disputes involving BitTorrent file-sharing technology.
Infringement and ‘Injury’
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
