Penguin Group (USA) Inc. v. American Buddha
New York Court of Appeals
16 N.Y.3d 295 (2011)
- Written by Sarah Holley, JD
Facts
Penguin Group (USA) Inc. (plaintiff), a publisher located in New York, brought an action for copyright infringement in New York against American Buddha (defendant), an organization located in Arizona that operated online libraries accessible nationwide. Penguin alleged that American Buddha infringed its copyrights to four books by uploading them to American Buddha’s websites and allowing users to download the books for free. Penguin did not, however, allege a specific act of infringement that occurred in New York. The district court granted American Buddha’s motion to dismiss for lack of personal jurisdiction. The court concluded that, for purposes of New York’s long-arm statute, which provided jurisdiction over an out-of-state defendant that committed tortious acts outside New York that resulted in injuries within New York, Penguin’s injury occurred in Arizona, where the alleged uploading transpired. On appeal, the Second Circuit identified a split in state-court decisions interpreting the limits of New York’s long-arm statute and certified the question to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Graffeo, J.)
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