Interesting warning regarding filesharing

[Noah John Gellner]

In fact companies do not need to hold a copyright in Canada or wait for you to unwittingly come to their state. 

The Ontario rules for civil procedure address the issue of jurisdiction as does the case law. Basically, so long as hearing the case in Ontario makes sense, the courts will do so. So while plaintiffs cannot forum shop to sue where it is most convenient to them, they are certainly entitled to sue a copyright infringer where the infringment is taking place. In fact the courts are more like to support hearing the case in Ontario because that is where the the evidence is and that is where the defendant is. The party most inconvenienced by the venue is the American company who wants to sue, and the court will not worry about their convenience.



On 21:31 Wed 25 Feb     , rh wrote:
> On Wed, 25 Feb 2004 20:29:14 -0600
> Garth Meisel <Garth-xsdjDKdUMl2akBO8gow8eQ at public.gmane.org> wrote:
> > Let the games begin!
> > 
> > IMHO, last time I checked, US cannot do dick with a Canadian in civil
> > court unless the Canadian is stupid enough to visit the STATE making
> > the claim.  
> 
> I think you will find that most major movie companies have a Canadian
> head office and one if it's functions is to 'hold' it's copyrights in
> this country...so yes, they can do dick.
> --

-- 
Noah John Gellner
J.D. Candidate (2006)
University of Toronto Faculty of Law
(416) 364-7550
noah.gellner_at_utoronto.ca
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