Los Angeles News Service v. CONUS COM. CO. LTD. PARTNERSHIP

MEMORANDUM OF DECISION AND ORDER RE: DEFENDANT CANADIAN BROADCASTING CORPORATION’S MOTION TO DISMISS

This motion presents the question whether the Canadian Broadcasting Corporation (“CBC”) can be held liable under the copyright laws of the United States for broadcasts of allegedly infringing programs originating in Canada which are received and viewed in the United States. By its Motion to Dismiss for Lack of Subject Matter Jurisdiction or, in the Alternative, to Sever the Action and Strike Plaintiffs’ Jury Demand, CBC challenges this Court’s jurisdiction, arguing (1) it did not violate United States copyright laws because it broadcasts solely to Canadian residents from Canada; and (2) it is entitled to immunity under the Foreign Sovereign Immunities Act. Having reviewed all the materials filed by the parties in connection with this motion and considered the oral argument of counsel, as well as all files and records in this case, the Court DENIES Defendant’s Motion to Dismiss and GRANTS Defendant’s Motion to Sever.

I. BACKGROUND

Plaintiff Los Angeles News Service (“LANS”) is an accredited news gathering and reporting organization owned and operated by Robert Albert Tur (“Tur”),…