Wheat v Alphabet Inc / Google LLC & Anor

Wheat v Alphabet Inc / Google LLC & Anor

The claimant failed to establish a good arguable case that his claims against Google LLC fall within the relevant jurisdictional gateways, failed to show a serious issue to be tried, and England is not the most appropriate forum. Hotlinking is not copyright infringement, contractual claims cannot be pursued against the correct party, and Google LLC is entitled to safe harbour protection. Permission to serve out of jurisdiction is refused.

Parties
Claimant: Christopher Wheat; Defendant: Alphabet Inc.; Defendant: Google LLC; Defendant: Monaco Telecom S.A.M
Jurisdiction
England and Wales
Judgment Date
26 March 2018
Procedural Posture
Civil / Ruling on Applications for Permission to Serve Out of Jurisdiction
Outcome
applications dismissed
Legal Topics
Copyright Infringement, Breach of Contract, Jurisdiction, Service Out of Jurisdiction, Safe Harbour Provisions, Hotlinking, Secondary Infringement
Intellectual Property Contract Civil Procedure Copyright Infringement Breach of Contract Jurisdiction Service Out of Jurisdiction Safe Harbour Provisions +2 more

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Parties

Christopher Wheat

Claimant

Alphabet Inc.

Defendant

Google LLC

Defendant

Monaco Telecom S.A.M

Defendant

Procedural Posture

Civil / Ruling on Applications for Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the claimant has a good arguable case for permission to serve Google LLC out of the jurisdiction
  2. 2 Whether the claim falls within relevant jurisdictional gateways under CPR PD6B
  3. 3 Whether there is a serious issue to be tried on the merits

Ratio Decidendi

The claimant failed to establish a good arguable case that his claims against Google LLC fall within the relevant jurisdictional gateways, failed to show a serious issue to be tried, and England is not the most appropriate forum. Hotlinking is not copyright infringement, contractual claims cannot be pursued against the correct party, and Google LLC is entitled to safe harbour protection. Permission to serve out of jurisdiction is refused.

Court Disposition

applications dismissed

Orders

  • Permission to serve Google LLC out of the jurisdiction refused.
  • Alphabet Inc. struck out as a party.