Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

New Media and Technology Law

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. companies already concerned about the territorial scope of the EU’s GDPR , they also have to address legal risks associated with jurisdiction by a virtual presence north of the border (and possibly other jurisdictions). .

“Purse”onal Jurisdiction

JetLawBlog

The district court granted Ubaldelli’s motion to dismiss for lack of personal jurisdiction in 2008. By selling bags and other products in New York, Ubaldelli “purposely availed himself&# of the forum state, and personal jurisdiction is therefore appropriate.

Trending Sources

Prescriptive and Jurisdictional Limits To the "Right To Be Forgotten"

Media Law Prof Blog

Prescriptive and Jurisdictional Boundaries to the EU's 'Right to Be Forgotten.' Geert Van Calster, K. Leeven, has published Regulating the Internet. Here is the abstract. Discussion of a European Union (‘EU’) imposed so-called ‘right to be forgotten’ or RTBF

EU 52

Determining Agency Jurisdiction

Media Law Prof Blog

Jonathan H. Adler, Case Western Reserve Law School, has published City of Arlington v. FCC: Questioning Agency Authority to Determine the Scope of Its Own Authority, in 7 Perspectives from FSF Scholars (No. 33) (November 2012). Here is the abstract

Guadamuz on The "Monkey Selfie," Copyright, and Internet Jurisdiction

Media Law Prof Blog

Andrés Guadamuz, University of Sussex, is publishing The Monkey Selfie: Copyright Lessons for Originality in Photographs and Internet Jurisdiction in volume 5 of the Internet Policy Review (2016). Here is the abstract. In 2011, a macaque monkey used a camera

Sacha Baron Cohen and David Letterman Say “Vassup!” to Diversity Jurisdiction

JetLawBlog

Thankfully for him, the fine lawyers at NBC paid attention in their Civil Procedure class, and have honed in on an issue that could dismiss the case entirely — subject matter jurisdiction. government, subject matter jurisdiction is still lacking.

Extraterritorial Jurisdiction In Cyberspace

Media Law Prof Blog

Chris Reed, Queen Mary University of London School of Law, has published Think Global, Act Local: Extraterritoriality in Cyberspace. Here is the abstract. It is uncontroversial that states are entitled to apply their national laws to foreign cyberspace actors where

Jurisdiction and New York Times v. Sullivan

Media Law Prof Blog

Wasserman, Florida International University College of Law, has published A Jurisdictional Perspective on New York Times v. Howard M. Sullivan: An Essay in Honor of Martin Redish in volume 107 of the New York Times v. Sullivan, arguably the Supreme

What Federal Jurisdiction Should Apply in the Lawsuit Concerning Dish Network’s Commercial-Skipping Television Broadcasting Capability

Film and Television Law Blog

The issue being decided now is what jurisdiction should hear the federal lawsuits. Current Affairs federal jurisdiction Dish Network is in a dispute with almost all of the major television networks over Dish Network’s offering to consumers that allows them to skip commercials in television shows. The lawsuit is in its earliest stages.

What Federal Jurisdiction Should Apply in the Lawsuit Concerning Dish Network’s Commercial-Skipping Television Broadcasting Capability

Film and Television Law Blog

The issue being decided now is what jurisdiction should hear the federal lawsuits. Current Affairs federal jurisdiction Dish Network is in a dispute with almost all of the major television networks over Dish Network’s offering to consumers that allows them to skip commercials in television shows. The lawsuit is in its earliest stages.

Google Scholar Now Searches Cases by Jurisdiction and Court

Media Law

A notable enhancement launched this week: Google Scholar added the ability to search court opinions and law journals by jurisdiction. Simply go to the advanced search page and, under “Collections&# at the bottom of the page, pick your jurisdiction. In fact, you can even “mix and match&# specific courts from across multiple jurisdictions.

The Fourth Circuit's Audience Targeting Test For Personal Jurisdiction In Internet Defamation Cases

Media Law Prof Blog

Sarah Ludington, Campbell University School of Law, Duke University School of Law, has published Aiming at the Wrong Target: The 'Audience Targeting' Test for Personal Jurisdiction in Internet Defamation Cases, at 73 Ohio State Law Journal. Here is the abstract

Are all.com and.net domains under U.S. jurisdiction?

The Legal Satyricon

The U.S. Immigration and Customs Enforcement Agency (ICE) takes the position that if a website is located at a.com or a.net domain, then they have sufficient ties to the USA to make them fair game for U.S. prosecutors. source) To understand this position, you need to understand that every domain name has a [.]. domain names internet law

District Court Dismisses "Hot News" Case For Lack of Personal Jurisdiction

Media Law Prof Blog

District Court for the District of Connecticut has granted a defendant's motion to dismiss in a "hot news" case, agreeing that it has no jurisdiction in the matter, based on lack of personal jurisdiction. The U. In West World

The U.S. Fair Use Defense In Other Jurisdictions

Media Law Prof Blog

Graeme W. Austin, Victoria University of Wellington, has published The Two Faces of Fair Use at 25 New Zealand Universities Law Review 285 (2012). Here is the abstract. Responding to suggestions that the “fair use” defence in US copyright law

Ninth Circuit Upholds Lower Court Ruling On Internet Jurisdiction Case

Media Law Prof Blog

The Ninth Circuit has upheld a lower court judge's ruling holding that a San Diego law firm is subject to personal jurisdiction in the Northern District of California,based on purposeful availment in an Internet website plagiarism case. Another law firm

What Federal Jurisdiction Should Apply in the Lawsuit Concerning Dish Network’s Commercial-Skipping Television Broadcasting Capability

Film and Television Law Blog

  The issue being decided now is what jurisdiction should hear the federal lawsuits.  Dish Network is in a dispute with almost all of the major television networks over Dish Network’s offering to consumers that allows them to skip commercials in television shows.    The lawsuit is in its earliest stages. 

Marc Randazza: The Legal Battle Over Andrew Anglin Continues

The Legal Satyricon

Civil Liberties cybersquatting First Amendment internet jurisdiction internet law law practice misc right of publicity cyberstalking free speech internetAn article about one of Marc Randazza’s most controversial and groundbreaking cases – a case involving the founder of a Neo-Nazi website Andrew Anglin – was published in the December issue of the Atlantic magazine.

Randazza: The Legal Battle Over Andrew Anglin Continues

The Legal Satyricon

Civil Liberties cybersquatting First Amendment internet jurisdiction internet law law practice misc right of publicity cyberstalking free speech internetAn article about one of Marc Randazza’s most controversial and groundbreaking cases – a case involving the founder of a Neo-Nazi website Andrew Anglin – was published in the December issue of the Atlantic magazine.

Must every pending copyright case be dismissed for lack of jurisdiction? Yes, EVERY case?

Copyrights & Campaigns

And -- in nearly every circuit -- a copyright registration (or a refusal) is a jurisdictional pre-requisite for filing an infringement action. So if the Register's appointment doesn't really count, then the registrations she issues don't count, and the courts adjudicating ongoing copyright cases lack jurisdiction and must dismiss them all. Muchnick ) and may well resolve the question whether Section 411's registration requirement is indeed a matter of subject matter jurisdiction.

Merits briefs urge reversal of Second Circuit in Tasini follow-on; say Section 411(a) is 'mandatory but not jurisdictional'

Copyrights & Campaigns

The parties entered into a class action settlement, but the settlement was rejected by the Second Circuit, on the grounds that Article III courts lack jurisdiction to adjudicate claims involving unregistered works. To keep things sporting, the Court appointed Ohio State University law professor Deborah Jones Merritt to argue the other side, i.e. , that Section 411(a) is jurisdictional and the Second Circuit should be affirmed.

Anonymous Comes for Hunter Moore

The Legal Satyricon

2257 Adult Entertainment Law ass hat culture feminism imbeciles internet jurisdiction internet law life obscenity piracy political correctness Section 230 Sexual PoliticsThe cool thing about Anonymous is that they may want less rules on the Internet than some would wish for. But, they also realize that there is a line. You cross it, you eat s**t. Take the legal issue out of it, and this is why Hunter Moore is a douchebag: Once upon a time, [.].

In Michigan, Dog Semen is Outside the Jurisdiction of a Family Court

The Legal Satyricon

Thank God, that’s settled. Posted in misc.

World of Warcraft promulgates epic 7th Circuit opinion

The Legal Satyricon

internet jurisdiction internet lawDeVoy In an opinion so bizarre it is only fitting to be released on Leap Day (February 29), the Seventh Circuit ruled on the appeal in U.S. Lucas today. The order is available here, and the case originated from my old stomping grounds, the Western District of Wisconsin. In the appeal, Lucas [.].

Breitbart Gets Out of Defamation Lawsuit Over Project Veritas Video

THR, Esq. Entertainment & Media Law Blog

A Florida judge won't assert jurisdiction over Breitbart even if Steve Bannon is a resident. read more. THR, Esq. Business Business THR Online

World of Warcraft promulgates epic 7th Circuit opinion

The Legal Satyricon

internet jurisdiction internet lawDeVoy In an opinion so bizarre it is only fitting to be released on Leap Day (February 29), the Seventh Circuit ruled on the appeal in U.S. Lucas today. The order is available here, and the case originated from my old stomping grounds, the Western District of Wisconsin. In the appeal, Lucas [.].

HBO Suffers Setback in Coal Baron's Defamation Lawsuit Over John Oliver Segment

THR, Esq. Entertainment & Media Law Blog

A federal judge remands the case to state court, rejecting HBO's argument that coal companies were fraudulently joined to escape diversity jurisdiction.

No man is an island, but WIPO is no man.

The Legal Satyricon

Tags: internet jurisdiction internet law udrp

Blasting people on twitter – not cyberstalking!

The Legal Satyricon

anonymous speech censorship church and state Civil Liberties First Amendment internet jurisdiction law practice religionDeVoy Pundits were concerned earlier this year when the U.S. Attorney for the District of Maryland brought a criminal action against William Lawrence Cassidy. His alleged crime? Posting 8,000 harassing twitter messages about Alyce Zeoli, a buddhist leader in Maryland.

CBS-Viacom Judge: "I've Never Seen Anything Like What's Transpired Here"

THR, Esq. Entertainment & Media Law Blog

Chancellor Andre Bouchard is temporarily granting CBS' request for a restraining order to protect jurisdiction and make sure nothing new happens. read more. THR, Esq. Business Business THR Online

UPDATE: JACKSON BROWNE v. JOHN McCAIN ET AL. DISTRICT COURT DENIES DEFENDANTS’ MOTIONS TO DISMISS AND SPECIAL MOTIONS TO STRIKE; DISMISSES THE OHIO REPUBLICAN PARTY FOR LACK OF JURISDICTION

KWIKA Entertainment Law Blog

KWIKA represents renowned singer/songwriter Jackson Browne in a suit alleging that former Republican candidate for President John McCain, the Republican National Committee and the Ohio Republican Party infringed Mr. Browne’s copyright and trademark rights and violated Mr. Browne’s right of publicity by including Mr. Browne’s famous recording “Running On Empty” in a campaign commercial. One [.].

Appellate Watch: Are Domain Names "Property" That Can Be Seized Under State Forfeiture Laws?

New Media and Technology Law

16, 2008), a Kentucky trial court ruled that Kentucky courts of general jurisdiction have subject matter and in rem jurisdiction over civil forfeiture proceedings seeking seizure of domain names through which illegal gambling was conducted in Kentucky. Network Solutions is participating, without submitting to the jurisdiction of the court. " One of the key issues in the case is whether the accessibility of a domain name is sufficient to establish jurisdiction.

MPAA Dealt a Blow in Appellate Ruling Over Importation of Digital Files

THR, Esq. Entertainment & Media Law Blog

The Federal Circuit rules that the ITC exceeded its jurisdiction by blocking the importation of digital files. read more. THR, Esq. The Business Movies Tech Business THR Online

Daily Mail Trumps Melania’s Lawsuit Over Escort Story

THR, Esq. Entertainment & Media Law Blog

"It would be unreasonable as a matter of constitutional due process for this Court to exert jurisdiction over MMI or MailOnline in the State of Maryland," writes the judge.

'Wolf of Wall Street' Producers Want Libel Suit Rejected Based on Martin Scorsese's New York Roots

THR, Esq. Entertainment & Media Law Blog

Federal jurisdiction of a complaint brought by a former Stratton Oakmont exec is challenged. read more. THR, Esq. The Business Movies Business THR Online

Gawker to Quentin Tarantino: We're Safely Based in the Cayman Islands

THR, Esq. Entertainment & Media Law Blog

Nick Denton''s company throws up a jurisdictional challenge to the lawsuit over the "Hateful Eight" leak. read more. The Business Movies THR Online THR, Esq. Business

Judge Asks Questions Over Philippe Dauman's Removal As Sumner Redstone Trustee

THR, Esq. Entertainment & Media Law Blog

The parties are asked to address issues of undue influence and jurisdiction. read more. THR, Esq. The Business Movies Television Business THR Online

Exclusive: SAG-AFTRA New Media Battle?

Digital Media Law

SAG eventually does a deal with the studios, will SAG and its smaller rival, AFTRA, peacefully share jurisdiction in new media? The issue is which union has jurisdiction over original programming made for new media. The AFTRA deal, which was ratified four months ago, has a provision that says “[i]t is understood and agreed that AFTRA shares jurisdiction” over such programs. In other words, SAG refuses to agree to shared jurisdiction, and the AMPTP is not pressing the point.

AFTRA 100

Megaupload Takes U.S. Government's Asset Seizures to Appeals Court

THR, Esq. Entertainment & Media Law Blog

A brief to the 4th Circuit argues the judge erred in asserting jurisdiction and interpreting whether Kim Dotcom was a fugitive. read more. THR, Esq. The Business Movies Television Music Tech Business THR Online

Judicial Analytics Company Gavelytics Expands with New Rulings Database and Arbitrator Archive

Media Law

million funding round to support development of new features and expansion into additional jurisdictions. When last we wrote about judicial analytics company Gavelytics on March 13, it was announcing a $3.2 Today, the first two of these new features roll out — a rulings database and an arbitrator archive. As I wrote when Gavelytics launched last […].