INDUSTRY INSIGHTS YOUR PEERS ARE READING
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 MORE
The parties are asked to address issues of undue influence and jurisdiction. read more. THR, Esq. The Business Movies Television Business THR Online MORE
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 [.]. MORE
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, [.]. MORE
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 [.]. MORE
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). . MORE
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. MORE
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 MORE
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 MORE
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. MORE
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 MORE
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. MORE
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 MORE
A federal judge remands the case to state court, rejecting HBO's argument that coal companies were fraudulently joined to escape diversity jurisdiction. MORE
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. MORE
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). MORE
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. MORE
"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. MORE
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 [.]. MORE
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. MORE
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. MORE
A Florida judge won't assert jurisdiction over Breitbart even if Steve Bannon is a resident. read more. THR, Esq. Business Business THR Online MORE
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 MORE
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. MORE
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 MORE
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. MORE
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. MORE
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 MORE
Tags: internet jurisdiction internet law udrp MORE
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. MORE
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 MORE
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. MORE
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 MORE
Federal jurisdiction of a complaint brought by a former Stratton Oakmont exec is challenged. read more. THR, Esq. The Business Movies Business THR Online MORE
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 MORE
53 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 [.]. MORE
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 MORE
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. MORE
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 MORE
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. MORE
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 MORE
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. MORE
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 MORE
Jurisdiction Related Topics JetLawBlog
AUGUST 12, 2010
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.
Media Law Prof Blog
MARCH 20, 2013
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
The Legal Satyricon
MARCH 6, 2012
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 [.].
Media Law Prof Blog
NOVEMBER 12, 2015
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
Media Law Prof Blog
JANUARY 18, 2013
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
New Media and Technology Law
JANUARY 23, 2018
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). .
Media Law Prof Blog
JULY 19, 2010
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
Media Law Prof Blog
MARCH 30, 2016
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
Media Law Prof Blog
AUGUST 16, 2016
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).
Media Law Prof Blog
JUNE 26, 2012
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
Media Law Prof Blog
OCTOBER 5, 2012
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
Film and Television Law Blog
JUNE 29, 2012
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.
Film and Television Law Blog
JUNE 29, 2012
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.
Media Law
JANUARY 13, 2011
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.
Media Law Prof Blog
AUGUST 26, 2011
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 Legal Satyricon
JULY 4, 2011
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
Media Law Prof Blog
JANUARY 8, 2013
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
Film and Television Law Blog
JUNE 29, 2012
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.
Media Law Prof Blog
AUGUST 7, 2009
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
The Legal Satyricon
DECEMBER 5, 2017
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.
The Legal Satyricon
DECEMBER 1, 2012
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, [.].
The Legal Satyricon
DECEMBER 5, 2017
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.
Copyrights & Campaigns
MAY 21, 2009
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 Legal Satyricon
FEBRUARY 29, 2012
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 [.].
Copyrights & Campaigns
MAY 27, 2009
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.
The Legal Satyricon
APRIL 11, 2009
Thank God, that’s settled. Posted in misc.
The Legal Satyricon
DECEMBER 16, 2011
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.
THR, Esq. Entertainment & Media Law Blog
DECEMBER 22, 2017
A Florida judge won't assert jurisdiction over Breitbart even if Steve Bannon is a resident. read more. THR, Esq. Business Business THR Online
The Legal Satyricon
FEBRUARY 29, 2012
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 [.].
The Legal Satyricon
AUGUST 20, 2010
Tags: internet jurisdiction internet law udrp
THR, Esq. Entertainment & Media Law Blog
NOVEMBER 10, 2015
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
THR, Esq. Entertainment & Media Law Blog
AUGUST 10, 2017
A federal judge remands the case to state court, rejecting HBO's argument that coal companies were fraudulently joined to escape diversity jurisdiction.
KWIKA Entertainment Law Blog
FEBRUARY 22, 2009
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 [.].
THR, Esq. Entertainment & Media Law Blog
MAY 16, 2018
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
THR, Esq. Entertainment & Media Law Blog
FEBRUARY 2, 2017
"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.
THR, Esq. Entertainment & Media Law Blog
FEBRUARY 19, 2014
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
THR, Esq. Entertainment & Media Law Blog
JULY 1, 2015
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
THR, Esq. Entertainment & Media Law Blog
JULY 13, 2016
Federal jurisdiction of a complaint brought by a former Stratton Oakmont exec is challenged. read more. THR, Esq. The Business Movies Business THR Online
THR, Esq. Entertainment & Media Law Blog
JUNE 17, 2016
The parties are asked to address issues of undue influence and jurisdiction. read more. THR, Esq. The Business Movies Television Business THR Online
New Media and Technology Law
DECEMBER 11, 2008
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.
Media Law Prof Blog
AUGUST 31, 2015
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.
Digital Media Law
FEBRUARY 8, 2010
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.
Digital Media Law
DECEMBER 11, 2008
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.
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