Arcane, But Important, Legal Decision

This is something you probably think is pointless to talk about here, but it’s not. A Ninth Circuit Court of Appeals Judge has reversed a decision over who has jurisdiction in a copyright case.

Why does this case matter? It sets a precedent on where you may need to file a copyright case. If, for instance, Publication A was in State A, but you were in State B, the previous thinking is that you’d have to file in State A because that’s where the infringement took place.

If my reading here is correct, you’d now be able to file in your state, State B, if the publication (in this case, an online publication) had content targeted at State B and served up ads from State B, meaning they were doing business in the state.

Wow … two days into the semester and I’m already getting all academic.

Mark E. Johnson

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