Mon, Mar. 12, 2012

EBook Litigation Moves to Germany

CK - Washington.   Ebook litigation over allegedly unlawful copies moves from the United States to Germany. This development flies in the face of continuing complaints in Germany over the allegedly too expansive exercise of personal jurisdiction by American courts.

In Publishers developing strategies to target e-book pirates, Sheri Qualters reports on March 12, 2012 of the open jurisdictional arms of the German courts that welcome foreign publishers. Ample precedent seeds a fruitful practice area against file hosting services in German law. Qualters notes that jurisdictions outside of the European Union do not match the jurisdictional welcome.

A number of factors combined to make Germany attractive to foes of file-hosters: Politicians do not understand particularly well the technologies involved and set laws which one-sidedly favor copyright buyers and managers while handicapping innovation by German software developers; some courts go far in determining personal jurisdiction in internet matters; and the cost of litigation in Germany is predictable while the loser reimburses the winner -- even outside of the court for successful cease and desist demands.

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