ALS Scan, Inc. v. Digital Service Consultants, Inc.
United States Court of Appeals for the Fourth Circuit
293 F.3d 707 (4th Cir. 2002)
ALS Scan, Inc. (ALS) (plaintiff), a Maryland corporation, sued Digital Service Consultants, Inc. (Digital) (defendant), a Georgia corporation, and a company called Alternative Products for copyright infringement. ALS claimed that Alternative Products posted ALS’s copyrighted photos on its website without permission. ALS also claims that Digital “enabled” this infringement because Digital was the internet service provider (ISP) for Alternative Products. Digital filed a motion to dismiss ALS’s claim on grounds that the Maryland district court did not have personal jurisdiction over it. The district court found that it did not have specific or general jurisdiction over Digital and granted Digital’s motion to dismiss. ALS filed an interlocutory appeal. The appellate court found that Digital’s passive role as an ISP did not amount to sufficient contacts with the state of Maryland to permit the court to have personal jurisdiction over Digital. The appellate court affirmed the district court’s order dismissing the case for lack of personal jurisdiction.
Rule of Law
Holding and Reasoning (Niemeyer, J.)