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| Penguin Group (USA) Inc. v. American Buddha ： ウィキペディア英語版 |
Penguin Group (USA) Inc. v. American Buddha
''Penguin Group (USA) Inc. v. American Buddha'', 640 F.3d 497 (2d Cir. N.Y. 2011),〔Penguin Group (USA) Inc. v. American Buddha, (640 F.3d 497 ), (2d Cir. N.Y. 2011).〕 was a case in which United States Court of Appeals for the Second Circuit reversed the decision of the United States District Court for the Southern District of New York, which had granted American Buddha's motion to dismiss Penguin Group (USA) Inc. ("Penguin")'s copyright infringement action for lack of personal jurisdiction.〔Penguin Group (USA) Inc. v. American Buddha, (609 F.3d 30 ), (2d Cir. N.Y. 2010).〕 The appellate court remanded the case for further proceedings.
==Background==
American Buddha is an Oregon-based nonprofit organization represented by lawyer Charles Carreon and run by his wife Tara Lyn Carreon. American Buddha has uploaded complete copies of books and other media onto American Buddha's online library that is accessible by its 50,000 members free of charge.. Four of those books are copyrighted works owned by New York City-based book publisher Penguin. Penguin brought a copyright infringement action against American Buddha in the United States District Court for the Southern District of New York, alleging that American Buddha infringed on Penguin's copyrights in those four works.〔Loeb Loeb LLP (April 5, 2011) (Penguin Group (USA) Inc. v. American Buddha ).〕 Because American Buddha was an out-of-state defendant, Penguin asserted personal jurisdiction according to New York's Long-Arm Statute, N.Y. C.P.L.R.§ 302(a)(3)(ii),〔(N.Y. C.P.L.R.§ 302 (2006) )〕 which provides:
"() court may exercise personal jurisdiction over any non-domiciliary ... who ... commits a tortious act without the state causing injury to person or property within the state, ... if he ... expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce...."
To establish jurisdiction under N.Y. C.P.L.R.§ 302(a)(3)(ii),〔 Penguin needed to demonstrate that:
"(1) the defendant's tortious act was committed outside New York, (2) the cause of action arose from that act, (3) the tortious act caused an injury to a person or property in New York, (4) the defendant expected or should reasonably have expected that his or her action would have consequences in New York, and (5) the defendant derives substantial revenue from interstate or international commerce."
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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