Monday, May 22, 2006

D.D.C. Finds Allowing Others to Download Copyrighted Materials Through P2P Software Provides Sufficient Contacts for Jurisdiction

Per Virgin Records America, Inc. v. Does 1-35, 2006 WL 1028956 (D.D.C. Apr. 18, 2006):

. . . [B]y installing P2P software and logging onto a P2P network, each defendant transformed his or her computer into an interactive Internet site, allowing others to complete transactions by downloading copyrighted works over the Internet. Importantly, each Defendant was disseminating copyrighted works to anyone that wanted them and was downloading copyrighted works from others who offered them-including residents of this jurisdiction. Engaging in such “interactive” electronic transactions provides the sort of “continuous” and “systematic” contacts with the District of Columbia that the Gorman court and others have recognized as sufficient to support this Court's jurisdiction over Defendant Doe # 18. See Gorman, 293 F.3d at 511-13; see also Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F.Supp. 1119, 1124 (W.D.Pa.1997) (distinguishing between passive websites which generally do not provide sufficient contacts with a forum to justify an assertion of jurisdiction with “interactive” websites which generally do support an assertion of jurisdiction).


Post a Comment

<< Home