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

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 [.].

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“Purse”onal Jurisdiction

JetLawBlog

The district court granted Ubaldelli’s motion to dismiss for lack of personal jurisdiction in 2008. The court held that “Ubaldelli’s single act of shipping an item into New York combined with the substantial business activity of Queen Bee … involving New York, give rise to personal jurisdiction,&# under the Due Process Clause and the New York long-arm statute.

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

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). .

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.

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

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 43

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. In his complaint, Aita alleged that complete diversity jurisdiction existed among all of the parties — a requirement under Article III, Section 2 of the Constitution. government, subject matter jurisdiction is still lacking.

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). Here is the abstract. In 2011, a macaque monkey used a camera

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

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’s Charm Offensive Comes to Senate IP Subcommittee

Music Technology Policy

These pirate sites have no intention of subjecting themselves to the jurisdiction of U.S. News from the Goolag pirate punter Uncategorized Copyright Law in Foreign Jurisdictions: How are other countries handling digital piracy

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. 

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, [.].

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.

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 [.].

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

The Legal Satyricon

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

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.

The Ethics of Working from Outside Your State: PA Bars Adopt ABA Rule

Media Law

16, 2020, which held that a lawyer may practice the law authorized by the lawyer’s licensing jurisdiction for clients of that jurisdiction, while physically located in a jurisdiction where the lawyer is not licensed.

Mass. Online Bar Exam Results Will Be ‘Portable’ To Other States

Media Law

Aspiring lawyers who take the online Massachusetts bar exam in October will be able to use the results to seek admission in at least seven other jurisdictions. and the board is working with other jurisdictions to expand that list.

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.

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.

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 [.].

ABA Issues Ethics Guidance On Lawyers Investing In Alternative Business Structures

LawSites

A second consideration, the ABA says, is choice of law: Which jurisdiction’s ethics rules apply to the lawyer’s investment activity, those of the lawyer’s home state or those of the state where the ABS is licensed. adopted by the ABS jurisdiction.”

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

The Legal Satyricon

Tags: internet jurisdiction internet law udrp

MerusCase Adds Rules-Based Calendaring Through Integration With CalendarRules

LawSites

This integration enhances your legal calendaring process and allows your law firm to stay on track using a single source of truth for your deadlines and events based on specific jurisdiction and court-appointed parameters,” MerusCase said in announcing the integration.

Alt Legal Partners with CompuMark to Expand Its Global Trademark Coverage

LawSites

As a result of the partnership, Alt Legal said, its software will now provide customers with automatic updates for trademark filings and registrations in every jurisdiction in the world.

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 [.].

In Memory of RBG

Gordon P. Firemark

One-sentence aside) SAG-AFTRA FILES JURISDICTIONAL COMPLAINT NIKI MINAJ GETS FAIR USE WIN TATTOO COPYRIGHT LAWSUIT GOING TO TRIAL FOR WWE VIDEO GAME LADY A COUNTERSUES ON TRADEMARK ACTION EU TO BANKSY – ANONYMITY COMES WITH A PRICE TUCKER CARLSON IS NOT A SERIOUS NEWS SOURCE, DODGES DEFAMATION PSA SECTION. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post In Memory of RBG originally appeared on Entertainment Law Offices of Gordon P.

AFTRA 100

In Memory of RBG

Gordon P. Firemark

One-sentence aside) SAG-AFTRA FILES JURISDICTIONAL COMPLAINT NIKI MINAJ GETS FAIR USE WIN TATTOO COPYRIGHT LAWSUIT GOING TO TRIAL FOR WWE VIDEO GAME LADY A COUNTERSUES ON TRADEMARK ACTION EU TO BANKSY – ANONYMITY COMES WITH A PRICE TUCKER CARLSON IS NOT A SERIOUS NEWS SOURCE, DODGES DEFAMATION PSA SECTION. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post In Memory of RBG originally appeared on Entertainment Law Offices of Gordon P.

AFTRA 100

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

Breitbart Gets Out of Defamation Lawsuit Over Project Veritas Video

Green Industry Professionals

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

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. read more. THR, Esq. Business Television Business THR Online

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

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