INFRINGEMENT ABROAD THROUGH THE INTERNET COURTS CONFLICT OVER PERSONAL JURISDICTIONS

INTERNATIONAL TREATIES AND THOSE MEMBER COUNTRIES, have no set rules or case laws that deal directly with copyright infringement and jurisdiction from acts abroad. Bonding U.S registered Copyrights to have jurisdiction on U.S. grounds when infringement happens via the Internet. Is anyone aware of any case laws that deal with this very subject?

Cincinnati, OH -

Attorney Answers (5)

Daniel Nathan Ballard

Daniel Nathan Ballard

Internet Lawyer - Sacramento, CA
Answered

You quite clearly need to sit down with a copyright attorney to discuss your potential infringement claim. For fun, you can read some of the case law about the extraterritorial reach of the U.S. copyright laws and how U.S.-registered copyrights may be enforced in countries [like Canada] that are members of the Berne Convention. See http://goo.gl/dWchC

You must know this, however: You are in way over your head with this legal analysis and simply delusional if you think that without an attorney you have any shot at collecting any amount of money from the folks who you think are infringing your ringtones. There is no getting around having to hire a copyright attorney. Just like there would be no getting around having to hire a doctor to take out your appendix. Or a financial adviser to help you buy derivative stock options. Or hiring any expert about anything else that you know nothing about and can never learn enough to be competent to perform yourself. Good luck.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and... more
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James Juo

James Juo

Intellectual Property Law Attorney - Los Angeles, CA
Answered

This sounds like a homework assignment in which you have muddled the question so it is not clear what you are asking. That being said, one case you can read is Gator v. L. L. Bean, 341F.3d 1072 (9th Cir 2003) which discusses personal jurisdiction in an internet context.

This answer is for informational purposes only. It is not intended as specific legal advice regarding your... more
Konrad V. Sherinian

Konrad V. Sherinian

Internet Lawyer - Naperville, IL
Answered

There are plenty of ways to deal with infringement that originates from law abiding countries, such as Germany, France, Argentina, Brazil, Singapore, Japan, etc. My guess (as you did not provide details) is that you are dealing with infringement from an outlaw nation, or one that has a poor record of protecting foreign copyrights. That is a big issue, and one that is receiving a lot of attention from our Government. Nonetheless, as you seem to suspect, little can be done right now.

This answer is not a substitute for professional legal advice. This answer does not create an attorney-client... more
Michael Charles Doland

Michael Charles Doland

Business Attorney - Los Angeles, CA
Answered

Because your facts regarding infringement are missing no one can advise you as to which laws may be applicable.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
Luca Cristiano Maria Melchionna

Luca Cristiano Maria Melchionna

Business Attorney - New York, NY
Answered

Our office deals with international law issues. Feel free to contact me. Best

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given... more

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