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American Buddha: What’s Next?

October 20, 2011 By 2 Comments

Zen Slate
Creative Commons License photo credit: Intre­pid Flame
I am head­ing out to Philadel­phia for the NY State Bar Asso­ci­a­tion Fall Meet­ing (dis­cussed here), where I will be speak­ing about the recent Amer­i­can Bud­dha deci­sion in which the New York Court of Appeals held (lim­ited solely to cases involv­ing on-line copy­right infringe­ment of lit­er­ary works) that for the pur­poses of the New York long-arm statute, the harm from such types of infringe­ment occurs where the copy­right own­ers resides.  You always know that a deci­sion is going to be a deusy when the court lim­its the applic­a­bil­ity of the hold­ing like that…  Any­way, here is a copy of an arti­cle I wrote for the program’s CLE materials:

Hope to see some of you there!

 

 

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  • Terry

    Bizarre! Com­plete copies of sev­eral books online? Where are people’s man­ners these days? Why not ask first and find out if Pen­guin minds?

    • http://title17.net Paul Fak­ler

       Indeed.  As I stated in my paper, it is hard to see any viable defense to copy­right infringe­ment in this case.  But the infringe­ment analy­sis is not what makes this case inter­est­ing.  The point is juris­dic­tion and whether (under U.S. fed­eral pro­ce­dural law), a copy­right owner can sue a dis­tant infringer in the owner’s home forum with­out any evi­dence that the infringer has ever done any busi­ness in that juris­dic­tion or that any con­sumer in the forum has ever accessed the infring­ing copies.