Monday, June 28, 2010

Copyright and The Story of the Long-Armed Buddhist Penguin

If a Penguin gains enlightenment, is he an all-present universal Buddha?

In the first reign of the Lord Obama the Hopeful, Grand Master Dan-Nay set out on the path to bring the power and light of the Master Penguin to the far reaches of the Lord's Empire and even beyond to the barbarian and unenlightened hordes populating the universe.

I wrote on Penguin Group v. American Buddha, 09-1739-cv (June 15, 2010), a case involving New York's long-arm statute and addressing the issue of whether a copyright holder located in New York can sue in Manhattan for an infringement that takes place anywhere in the universe here.

Andy Berger, sympathetic to Penguin, digs in further and has posted Penguin's briefs for easy reading here.

I would appreciate anyone bringing thoughts, articles or posts on this topic to my attention.  This is an important and difficult issue involving due process, the Constitution, the essence of a copyright, and the extent to which New York courts will subject the world to its jurisdiction.  In a rare area of federal law that completely "preempts" state law, our Second Circuit Court of Appeals has made clear that it will defer to New York State's Court of Appeals.  I am curious as to what the really smart law professors will have to say and whether American Buddha will have any amici.

 Purchase Copyright Litigation Handbook from West here  

No comments: