ITSI T v. Productions, Inc. v. California Authority of Racing Fairs

AMENDED ORDER

Defendant Hipódromo de Agua Caliente (“Caliente”) moves to dismiss plaintiff ITSI T.V. Productions, Inc.’s (“ITSI”) complaint for copyright infringement. Caliente asserts that this court lacks subject matter jurisdiction over ITSI’s claims, because ITSI cannot show that Caliente is liable for an act of copyright infringement committed in the United States. For the reasons I explain herein, Caliente’s motion to dismiss for lack of subject matter jurisdiction is GRANTED.

I

FACTS AND BACKGROUND

Plaintiff ITSI T.V. Productions, Inc. is an Illinois corporation doing business in California. Second amended complaint U1 (“SAC”). Plaintiff alleges that defendant California Authority of Racing Fairs (“CARF”), a California joint powers authority, was created to serve as the agent of certain California fairs which conduct horse racing. Id. ¶ 2. CARF and these fairs are referred to in plaintiff’s complaint as the “CARF group.” Id. In 1983, prior to the 1984 hors.e racing season, ITSI contracted with CARF to provide closed-circuit television services to the tracks where horse races were being run. Id. ¶ 32.

From September 1986 to 1988, the CARF group broadcast plaintiff’s…