Penguin Group (USA) Inc. v. American Buddha

Summary

The New York Court of Appeals answered a certified question from the Second Circuit, holding that in copyright infringement cases involving the uploading of printed literary works onto the Internet, the situs of injury for purposes of CPLR 302(a)(3)(ii) is the location of the copyright holder, i.e., New York. The Court reasoned that the Internet makes the injury felt throughout the United States and that copyright owners possess exclusive rights that give rise to a direct injury in their home state. It cautioned that the decision does not open jurisdiction over all out‑of‑state infringers.