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’
