Reevaluating the forum non conveniens doctrine in multiterritorial copyright infringement cases

Authors
Citation
Bt. Dieck, Reevaluating the forum non conveniens doctrine in multiterritorial copyright infringement cases, WASH LAW RE, 74(1), 1999, pp. 127-158
Citations number
20
Categorie Soggetti
Law
Journal title
Volume
74
Issue
1
Year of publication
1999
Pages
127 - 158
Database
ISI
SICI code
Abstract
The tension between the internationalization of copyright and the territori al remedies national laws provide is illustrated when the same infringer in fringes a copyright in multiple countries. The copyright owner can bring su it in each country separately or attempt to consolidate all claims into one forum. Commentators have identified that in consolidated suits, even if ju risdiction over the foreign claims is proper, the discretionary forum non c onveniens doctrine remains a "wild card." This Comment explores in greater depth why the doctrine is unpredictable and argues that it is being abused by U.S. federal courts in multiterritorial copyright suits, exacerbating th e problem the Internet has caused copyright enforcement. The courts' libera l use of dismissals has forced copyright owners to bring separate claims in multiple fora, effectively terminating the claims due to the enormous cost s of litigating in multiple countries. Foreign claim consolidation mitigate s the problem of expensive, piecemeal remedies from individual national cou rts and allows copyright owners a more realistic method of enforcement.