Wednesday, September 26, 2018

Case of the Day: Freeplay Music, LLC v. Nian Infosolutions Private Ltd., 2018 U.S. Dist. LEXIS 115659 (S.D.N.Y. July 10, 2018)


Plaintiff Freeplay is an online music library that charges license fee for using the music in its library. Defendant, an Indian corporation, operates a news website focusing on Bollywood entertainment news. Plaintiff alleged the defendant made unauthorized use of its music. The defendant failed to appear before the court, and the plaintiff moved for a default judgment.

The magistrate judge castigated the plaintiff for not responding properly to the order to show cause why the suit should not be based on the lack of personal jurisdiction. However, the court nonetheless found New York could exercise long arm personal jurisdiction over the defendant, as the defendant was alleged to have committed tort against a New York copyright holder.


Any time a New York court is willing to exercise its long arm jurisdiction over a foreign party, it is news. Even more so when the court acts in the context of a default judgment, going entirely by the plaintiff's allegations of fact.

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