A recent U.K case dealt with some interesting issues
relating to the responsibility for the operation of a website and
the jurisdiction of the U.K. courts.
The Facts
The action was brought in a U.K. court for infringement of
copyright subsisting in a large number of photographs. The
photographs had been published and used on a website operated by
the plaintiff relating to the provision of escort services. Copies
of the plaintiff's photographs were used by the defendants in
advertisements which appeared on a website providing similar and
competing services.
The owner of the impugned website was a U.K company which was
bankrupt at the time of the trial and did not dispute the action.
However, the plaintiff also asserted that the sole director and
shareholder of the bankrupt company was personally liable for the
infringement. The director denied personal liability and also
alleged that as the reproduction of the photographs had occurred in
South Africa and the