Tuesday, May 22, 2007

Defendants Give Appeals Court Further Assurance on Jurisdiction Issue

The objectors and the parties of the copyright class action settlement agree on one thing: The federal courts do have jurisdiction over a settlement involving holders of both registered and unregistered copyrights. (The latter have claims for which they could potentially sue, but for which they cannot actually file suit until they register with the Copyright Office.)

The Second Circuit Court of Appeals has raised questions about jurisdiction, and the three-judge panel focused on it during part of the March 7 oral argument.

Last week, on May 17, defendants' lead counsel Charles Sims sent a letter informing the court that a day earlier another appellate circuit, the Ninth, affirmed the jurisdiction of non-registereds for settlement purposes in another case, Perfect 10, Inc. v. Amazon.com, Inc. and Google, Inc.

The ruling in our appeal is expected soon.


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