Washington Shoe v. A-Z Sporting Goods

Court: United States Court of Appeals for the Ninth Circuit

Document status: Judgment of the district court is reversed and remanded.

Issue or relevant point: Whether or not Defendant-Appellee, an Arkansas corporation is subject to personal jurisdiction for willful copyright infringement in Washington?

Ruling:  The Court of Appeals reversed the district court dismissal of the copyright infringement claim on the ground of lack of personal jurisdiction.

Well Go USA v. Uknown Filesharing Swarm

Case Title and Citation:  Well Go USA, Inc. v. Unknown Filesharing Participants, 2012 WL 4387420 (S.D. Tex. 2012)

Court: United States District Court, Southern District Texas

Document status: Memorandum and Order Granting Rule 45 Discovery, Denying DMCA Subpoena

Issue or relevant point(s): Subject to the Article III power of the court, and particularly under a claim of copyright infringement, can a Plaintiff seek infringer identification information from a service provider under a Rule 45 and/or 512(h) subpoena?

Ruling:  The Court granted the Plaintiff’s motion for limited discovery of information related to persons believed involved in illegal peer-to-peer file sharing via a Rule 45 subpoena (subject to a protective order), but denied the same request under 17 U.S.C. § 512(h).