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UPDATE: London Film Productions Ltd. v. Intercontinental Communications, Inc. found jurisdiction for a US district court in a case with a British plaintiff, a
by brownbat 13y ago
UPDATE:
London Film Productions Ltd. v. Intercontinental Communications, Inc. found jurisdiction for a US district court in a case with a British plaintiff, a US defendant, where the infringement took place in several Latin American jurisdictions.
However, the court only took the case because it was found there would be an enormous hardship to force the plaintiff to pursue relief in several foreign jurisdictions. And note, the US federal court still applied the laws of those countries, because the legal jurisdiction remains the place where the alleged infringement takes place.
Also note, "The Second Circuit has seemingly disavowed London Films Productions’ approach, rejecting plaintiff’s reliance on that opinion in Murray v. BBC, 82 F.3d 287, 293 (2d Cir. 1986). with the dismissive remark: “We are, quite frankly, at a loss to see how this lawsuit has any but the most attenuated American connection,” a comment that applies even more strongly to London Films."
Further critical analysis of London Films here:
http://williampatry.blogspot.com/2006/05/copyright-is-not-transitory-tort.html http://williampatry.blogspot.com/2006/05/copyright-is-not-tr...