Copyright Case

Lang Van v. VNG

Lang Van, a leading producer and distributor of Vietnamese music and entertainment, filed a copyright infringement suit against VNG, a company based in Vietnam that operates a music streaming website. Lang Van alleges that VNG’s Zing music website and app, which VNG makes available in the U.S., offers thousands of Lang Van’s copyrighted works without authorization and that Lang Van receives no compensation for VNG’s use.

Despite providing its app and website to millions of users in the U.S., the District Court for the Central District of California found that VNG “didn’t purposefully direct its activities toward California” and granted defendant’s motion to dismiss for lack of personal jurisdiction. Lang Van appealed to the Ninth Circuit, arguing that the district court erred by determining that Lang Van had not established a prima facie case under the first, second, and third prongs of the specific jurisdiction test and that the court did not properly apply the Ninth Circuit’s test for purposeful direction because it did not consider all of the relevant evidence submitted by Lang Van.

Procedural History

Central District of California (Nov. 21, 2019)

Status: On appeal to the Ninth Circuit.

Court: Ninth Circuit

Amicus briefs