The tension between the internationalization of copyright and the territorial remedies national laws provide is illustrated when the same infringer infringes a copyright in multiple countries. The copyright owner can bring suit in each country separately or attempt to consolidate all claims into one forum. Commentators have identified that in consolidated suits, even if jurisdiction over the foreign claims is proper, the discretionary forum non conveniens doctrine rmains 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 the problem the Internet has caused copyright enforcement The courts' liberal use of dismissals has forced copyright owners to bring separate claims in multiple fora, effectively terminating the claims due to the enormous costs of litigating in multiple countries. Foreign claim consolidation mitigates the problem of expensive, piecemeal remedies from individual national courts and allows copyright owners a more realistic method of enforcement.
Brenda T. Dieck,
Notes and Comments,
Reevaluating the Forum Non Conveniens Doctrine in Multiterritorial Copyright Infringement Cases,
74 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol74/iss1/7