Virgin/Island Defendants have correctly observed in them papers, the flow of events in this case does not parallel that of Update Art and its progeny. See Update Art, 843 F.2d at 73 (“As the applicability of American copyright laws over the Israeli newspapers depends on the occurrence of a predicate act in the United States, the geographic location of the illegal reproduction is crucial If the illegal reproduction of the poster occurred in the United States and then was exported to Israel, the magistrate properly could include damages accruing from the Israeli newspapers. If ... this predicate act occurred in Israel, American copyright laws would have no application .... ”); Cf. Shaw v. Rizzoli Int'l Pubs., Inc., No. 96 CIV. 4259(JGK), 1999 WL 160084, at *3-4 (S.D.N.Y. Mar.23, 1999) (<HOLDING>); FunDamental Too, 1996 WL 724784, at *6
holding that summary judgment in favor of the defendant was appropriate because the plaintiff failed to designate evidence that demonstrates that the defendant abused the qualified privilege holding that summary judgment is not appropriate where matters of credibility and determining the weight of the evidence exist holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them holding that the trial court correctly entered summary judgment in favor of defendant and denied plaintiffs motion for summary judgment where plaintiff failed to establish by clear and convincing evidence that defendant breached its duty to act in good faith holding where parties agreed that both the english and italian versions of the rizzoli publications were compiled and printed entirely in italy by defendant rcs an italian corporation that summary judgment was appropriate as to the publications distributed in italy