American Buddha: What’s Next?

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!




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

    •  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.

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