Lang Van, Inc. v. Vng Corporation

MEMORANDUM

Appellant Lang Van, Inc. (“Lang Van”) appeals the district court’s order dismissing its copyright infringement claims against Appellee VNG Corporation (“VNG”) for lack of personal jurisdiction. Lang Van challenges that order on the merits and, alternatively, argues that the district court abused its discretion by refusing to permit jurisdictional discovery of VNG. Because the district court’s order finally disposed of Lang Van’s claims, we have jurisdiction under 28 U.S.C. § 1291 . We now vacate and remand.

Lang Van, incorporated and headquartered in California, is a leading producer and distributer of Vietnamese music and entertainment. VNG is a Vietnam corporation with its principal place of business in Ho CM Minh City, Vietnam, that owns and operates the website mp3.zing.vn (“Zing”). Zing is an online portal that enables users to search, stream, and download music. Lang Van alleges that VNG willfully engaged in large-scale copyright infringement by making thousands of Lang Van’s copyrighted works available to users around the world—including in the United States—without compensating Lang Van.

VNG moved to dismiss for lack of personal jurisdiction. In opposing that…