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Penguin Group v. American Buddha

Topic(s): First Amendment

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This case involves a question certified by the Second Circuit to the New York Court of Appeals regarding the "situs of injury" under New York's long-arm statute in cases of alleged copyright infringement. District courts in the Second Circuit have divided over the question, some finding that a copyright holder is injured wherever it resides, others finding that the situs of injury must be more closely connected to the location of the defendant's conduct. As amicus curiae, Public Citizen argued that a narrower reading of the long-arm statute better comports with New York caselaw and the New York legislature's express concern that an overly broad long-arm statute would chill the speech of non-residents. However, the court disagreed and held that New York cold assert jurisdiction over the case.