Thursday, April 23, 2009

Penguin Jurisdiction Case

Penguin IP Suit V. Web Site Can't Fly In NY: Judge
A federal judge has tossed a copyright case brought by Penguin Group USA Inc. against a Web site that posted Upton Sinclair's "Oil!" and several other Penguin works online, citing a lack of personal jurisdiction in New York.

2 comments:

Sandy Lau said...

Is that similar to Google progressively scanning all publications to its database?

Instead of getting publishers and authors to contact Google if they don't want to have their publications scanned, shouldn't the obligation be placed on Google to ask for permission in the first place? I dont know but that seems to be the right thing to do!

Elena Tsangari said...

While, the internet should not be a regulation free zone, what makes the internet so appealing is the easy and convenience in which information can be accessed. As such, I do prefer the "opt out" method as opposed to the "opt in". The opt in method merely allows companies to maintain the status quo while with the opt out process the obligation is on the company and as such, the internet is as regulation free as is sensibly possible.

I have been unable to access details of the Penguin case, however, from the limited material I have reviewed, the case does appear to demonstrate the hesitation within US courts to extend their jurisdiction when they consider another forum to be more appropriate.