For the purposes of defamation law, material published on a subscription Internet website is published at the place where it is downloaded and comprehended by a subscriber, not at the location of the web server where it is uploaded. Each download in a different jurisdiction constitutes a separate publication and a separate tort. Internet publishers operating subscription services with the technical capacity to restrict access by jurisdiction may be held to have voluntarily accepted the risk of publication in those jurisdictions. A plaintiff who confines their claim to publication within one jurisdiction and undertakes not to sue elsewhere significantly strengthens their position on forum non conveniens.
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