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Interesting opinion out from the Second Circuit today, Ehrenfeld v. Mahfouz, No. 06-2228-cv (2d Cir. Mar. 3, 2008). The Court had certified to the New York Court of Appeals

whether New York’s long-arm statute confers personal jurisdiction over a person (1) who sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts with New York stemmed entirely from the foreign lawsuit and whose success in the foreign suit resulted in acts that must be performed by the subject of the suit in New York.

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The New York Court of Appeals answered the certified question in the negative and so the Second Circuit affirmed the district court, which had dismissed the case for lack of personal jurisdiction.

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Query whether there is now a circuit split between the Second and Ninth Circuits when one also considers Yahoo! Inc. v. La Ligue Contre Le Racisme et L’antisemitisme (9th Cir. 2006)?

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They’re at it again. On Feb. 27, 2008 the Ninth Circuit issued its opinion in Sybersound Records, Inc. v. UAV Corp., No. 06-55221 (9th Cir. 2008). The court considered:

whether the transfer of an interest in a divisible copyright interest from a copyright co-owner to Sybersound, unaccompanied by a like transfer from the other copyright co-owners, can be an assignment or exclusive license that gives the transferee a co-ownership interest in the copyright. We hold that it cannot.

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Bzzzzzt. Try again. See William Patry’s blog post about this entitled, The Death of Divisibility, where he writes

This isn’t what Congress intended: it intended that co-owners be able to grant non-exclusive licenses without the others’ permission and that they be able to transfer their proportional share in the whole without the others’ permission, in which case the transferee would indeed stand in the shoes of the transferor. It is truly remarkable that such simple, but commercially important points have been destroyed.

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Patry thinks Congress is our only hope. I’m placing my hope in rehearing or rehearing en banc.