Chinese website operator dismissed from copyright infringement suit in United States

[...]a recent opinion from the U.S. District Court for the District of Columbia, Triple Up Ltd. v. Youku Tudou Inc., sheds new light on the how courts analyze personal jurisdiction over foreign entities pursuant to the U.S. Constitution's due process requirements.1 At the very least, courts req...

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Bibliographic Details
Published in:Intellectual property & technology law journal 2017-06, Vol.29 (6), p.20
Main Authors: Viscounty, Perry J, Barry, Jennifer L, Blanco, Allison S, Grindle, Melanie J
Format: Article
Language:English
Subjects:
Constitution
Copyright
Copyright infringement
District courts
Due process of law
Federal court decisions
Infringement
Internet
Jurisdiction
Laws, regulations and rules
Motion pictures
Offices
Personal jurisdiction
Remedies
State court decisions
Supreme Court decisions
Websites
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Summary:[...]a recent opinion from the U.S. District Court for the District of Columbia, Triple Up Ltd. v. Youku Tudou Inc., sheds new light on the how courts analyze personal jurisdiction over foreign entities pursuant to the U.S. Constitution's due process requirements.1 At the very least, courts require that plaintiffs plead facts sufficient to show that the foreign entity's contacts with the United States in general, and the forum state in particular, go beyond mere accessibility to and basic interactivity with the entity's website in the United States. Background of Triple Up Ltd. v. Youku Tudou Inc. Youku Tudou Inc. (Youku) is a China-based Cayman Islands corporation.2 Youku provides online platforms for consumers to view both usergenerated and professionally-produced content.3 With over 400 million unique visitors to Youku's websites each month, less than one percent of those views originate from the United States.4 Youku does not market itself in the United States, nor does it have any offices or employees in the United States.5 Triple Up Limited (Triple Up), a Seychelles corporation, brought a copyright infringement suit in the District Court for the District of Columbia alleging that Youku violated Triple Up's exclusive rights to broadcast three Taiwanese movies over the internet in the United States.6 Youku claimed that it uploaded the movies "pursuant to an express license to display the films in China, and that it implemented geoblocking to prevent the Youkuuploaded versions from being displayed in the US. "11 When a plaintiff alleges a theory of specific jurisdiction, as...
ISSN:1534-3618