IP Law Tracker Docket Review - JD Supra (press release)
Big Guy’s Pinball LLC v. Lipham, Case No, 14-CV-14185, 2015 WL 4209042 (July 10, 2015). U. S. District Judge Victoria A. Roberts denied the defendant’s motion to dismiss an action for copyright infringement based on a lack of personal jurisdiction. Plaintiff Big Guy’s Pinball, LLC (“BGP”) distributed a free software program called “Nucore,” which emulates the function of a mechanical pinball machine. BGP filed suit against defendant Lipham, a resident of Georgia, alleging that Lipham downloaded the Nucore program from BGP’s website, modified it (including removing security protections), and republished it on Lipham’s own website. Lipham also moved to dismiss the copyright infringement count based on allegations that BGP violated the terms of an open source software license agreement that required BGP to distribute the program under the terms of the open source license. The court denied the motion to dismiss for lack of personal jurisdiction, holding that jurisdiction over Lipham was proper under the Michigan long-arm statute, M. C. L. § 600. 705, and met the minimum contacts required to satisfy due process... The court reasoned that Lipham’s alleged infringement satisfied the “effect test” for purposeful availment, which required BGP to show that “(1) BGP felt the brunt of the injury in Michigan, (2) Lipham used BGP’s copyrighted material intentionally... Source: www.jdsupra.com
