“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.

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

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). .

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

Judge rules court has no personal jurisdiction over Faceporn.com

The Legal Satyricon

Judge Cousins said the court lacked personal jurisdiction over the defendants and recommended that the case be dismissed. internet jurisdiction internet law trademarkDistrict Court Judge Nathanael Cousins recently denied Facebook’s motion for default judgment against Faceporn.com, a website operating out of Norway, for trademark infringement. Facebook originally brought suit against Thomas Pedersen and Retro Invent citing ten causes [.].

International Jurisdiction and IP In the Cloud

Media Law Prof Blog

Toshiyuki Kono and Paulius Jurcys, both of Kyushu University, Graduate School of Law, have published International Jurisdiction over Copyright Infringements in the Cloud. Here is the abstract. The emergence of the Internet, and more recently cloud computing, has tremendous technological

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

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

Guadamuz @technollama on The Monkey Selfie, Copyright, Originality, and Internet Jurisdiction

Media Law Prof Blog

Andres 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).

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

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

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.

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

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

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

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. 

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

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.

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, [.].

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.

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 [.].

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.

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

The Legal Satyricon

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

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.

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

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

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 [.].

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

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.

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

'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

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.

Breaking: 11th Circuit Rules for Fastcase in Copyright Dispute with Casemaker

Media Law

In July 2017, the court granted the motion to dismiss , concluding that it lacked subject-matter jurisdiction because Casemaker had never registered a copyright in the Georgia regulations, and also concluding that it lacked jurisdiction because because Fastcase failed to satisfy the amount-in-controversy jurisdictional minimum of $75,000. Accordingly, the District Court erred in dismissing Fastcase’s complaint for lack of federal-question jurisdiction.

Post-Mortem Moral Rights

Media Law Prof Blog

In numerous jurisdictions, moral rights Jani McCutcheon, University of Western Australian Faculty of Law, is publishing Death Rights: Legal Personal Representatives of Deceased Authors and the Posthumous Exercise of Moral Rights in the Intellectual Property Quarterly. Here is the abstract.

Pilots Overwhelmingly AFTRA Again

Digital Media Law

About 60 pilots for scripted network primetime programs will be shot under AFTRA contracts this year, while few – or perhaps none – will be produced under SAG jurisdiction, according to sources close to the two unions, who spoke on condition of anonymity. The stalemate and strike rumblings that ensued after the June 30, 2008 expiration of SAG’s contract led many television producers to choose AFTRA jurisdiction wherever possible.

AFTRA 202