Penguin IP Suit V. Web Site Can't Fly In NY: Judge

Law360, New York (April 22, 2009, 12:00 AM EDT) -- A federal judge has tossed a copyright case brought by Penguin Group USA Inc. against a Web site that posted Upton Sinclair's "Oil!" and several other Penguin works online, citing a lack of personal jurisdiction in New York.

On Tuesday, Judge Gerard Lynch of the U.S. District Court for the Southern District of New York threw out the complaint against American Buddha, saying that Penguin's arguments were irrelevant to the jurisdictional issue at hand.

“Plaintiff argues that defendant is amenable to suit because its actions have...
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