Verizon's New York Ties Come into Play in UMG's Copyright Infringement Suit

JURISDICTION AND VENUE

11. This is a civil action in which Plaintiffs seek damages for copyright infringement under the Copyright Act, 17 U.S.C. § 101, et seq., and the Music Modernization Act, 17 U.S.C. § 1401.

12. This Court has original subject matter jurisdiction over Plaintiffs’ copyright infringement claims pursuant to 28 U.S.C. §§ 1331 and 1338(a).

13. This Court has personal jurisdiction over Verizon pursuant to New York Civil Practice Law and Rule (“CPLR”) 301. Verizon’s official headquarters and Board of Directors are located in New York, it has consented to jurisdiction in the state in a tolling agreement entered into between the parties, and it has pervasive corporate ties to the state that are sufficient to justify the imposition of general jurisdiction here.

14. This Court also has personal jurisdiction over Verizon pursuant to CPLR 302. Verizon transacts business within New York to supply Internet service to customers in this state. In addition, Verizon has deliberately exploited the New York market, establishing network operations in this district, selling its services to New York residents, and advertising its Internet service to potential subscribers in the state. Verizon has committed tortious acts within New York, including providing Internet service to New York subscribers who used Verizon’s network to directly and repeatedly infringe Plaintiffs’ copyrights; continuing to provide Internet service to, and failing to suspend or terminate the accounts of, New York customers, even after receiving multiple notices of their infringing activity; advertising its high-speed Internet service in New York to serve as a draw for subscribers who sought faster download speeds to facilitate their direct and repeated infringements; and/or responding or failing to respond to repeated notices of copyright infringement directed to infringing subscribers located in the state. Verizon also has caused injury to Plaintiffs in this state by allowing its customers to use Verizon’s network to systematically infringe Plaintiffs’ copyrights, all while deriving billions of dollars in revenue (including over $130 billion in 2023 alone)[1] from interstate commerce.

15. Venue is proper in this district under 28 U.S.C. §§ 1391 and 1400.

[1] Verizon Communications Inc., Form 10-K (Feb. 9, 2024), available at https://quotes.quotemedia.com/data/downloadFiling?webmasterId=104600&ref=318048243&ty pe=HTML&formType=424B2&formDescription=Prospectus+%5BRule+424%28b%29%282%2 9%5D&dateFiled=2024-06-17&cik=0000732712.