ILU Analyzes Copyright Infringement and Personal Jurisdiction Cases

Internet Law Update is a free e-newsletter that provides in-depth analysis of recent noteworthy court decisions affecting those who do business on the Internet. The latest edition of Internet Law Update features analysis of two interesting court decisions. In Gulfstream a court permits as a fair use defendant's use of plaintiff's maintenance manual. In Uebler a court finds it has jurisdiction over a foreign parent based on the New York activities of its wholly-owned subsidiary. Brief descriptions of these court decisions are provided below. To join the many others who receive Internet Law Update, or to receive last week's edition, which contains more extensive analysis of these cases, simply click on the link below http://www.phillipsnizer.com/library/caseupdates.cfm

Unauthorized Use Of Maintenance Manual Held Non-Infringing Fair Use, Gulfstream Aerospace Corp. v. Camp Systems Int’l., 4:05 CV 00018-BAE (S.D. Ga. April 18, 2006).

Court holds that the use by defendant Camp Systems International (“Camp”) of maintenance manuals prepared by plaintiff Gulfstream Aerospace Corporation (“Gulfstream”) to advise owners of the need for maintenance of their Gulfstream aircraft is a permissible fair use of those manuals. Court accordingly grants Camp’s motion for summary judgment, and dismisses both copyright and trademark infringement claims advanced by Gulfstream arising out the placement by Camp of portions of those manuals on its computer system, which manuals Camp made available, and transmitted, to both the aircraft’s owner and appropriate repair personnel.


Court Excercises Jurisdiction Over Foreign Parent Based On New York Activities Of Subsidiary, Uebler v. Boss Media AB, 03 CV 4790 (E.D.N.Y., June 5, 2006)

Court holds it can exercise personal jurisdiction over defendant Boss Media AB (“Boss Media”), a Swedish corporation, based on the New York activities of a wholly-owned subsidiary found to be acting as its agent. This subsidiary – Web Dollar – processed online financial transactions for individuals engaged in web-based gambling at websites utilizing defendant Boss Media’s software, including the website at issue, and distributed funds it collected to Boss Media, its subsidiaries and licensees. As a result of this determination, the Court permitted plaintiff to proceed with claims against Boss Media, and its licensee Cyber Croupier, seeking the recovery of in excess of $900,000 due plaintiff as result of having won an online contest.