Where do you sue over an app?
With more computer programs being run over the internet through mobile apps, jurisdiction is increasingly important in infringement cases. Larry Cohen, Steven James, Christian Engelhardt and Charles Courtenay explain the situation in Europe, and compare it to the United States
One of the few constants in technological development has been
spatial change. The physical distance between the software and hardware
constituents of mobile applications has increased as technological
advances have given greater freedom as to from where applications can be
operated. It is now common for consumer telecoms companies to have
their operating hubs in one country, while the users of their services
are located in multiple jurisdictions. Mobile apps are no exception.
Establishing jurisdiction for IP rights disputes can be challenging at
the best of times: apps, with their content often based in the cloud or a
server offshore, could make this task even more complicated.
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