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Internet Jurisdiction Law of e-Commerce Copyright, Peter S. Vogel, 2000-2007.

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Presentation on theme: "Internet Jurisdiction Law of e-Commerce Copyright, Peter S. Vogel, 2000-2007."— Presentation transcript:

1 Internet Jurisdiction Law of e-Commerce Copyright, Peter S. Vogel,

2 General Jurisdiction Helicopteros Nacionales de Columbia, S.A. v. Hall, 466 U.S. 408, (1984). General jurisdiction permits a court to exercise personal jurisdiction over a non-resident defendant for non-forum related activities when the defendant has engaged in " systematic and continuous " activities in the forum state.

3 Personal Jurisdiction Latshaw v. H.E. Johnston, 167 F.3d 208, 211 (5thCir. 1999) A federal court sitting in diversity may exercise personal jurisdiction over a nonresident defendant if (1) the long-arm statute of the forum state confers personal jurisdiction over that defendant; and (2) exercise of such jurisdiction by the forum state is consistent with due process under the United States Constitution.

4 Texas Civil Practices & Remedies Code “Long-Arm Statute” SUBCHAPTER C. LONG–ARM JURISDICTION IN SUIT ON BUSINESS TRANSACTION OR TORT § Acts Constituting Business in This State In addition to other acts that may constitute doing business, a nonresident does business in this state if the nonresident: (1) contracts by mail or otherwise with a Texas resident and either party is to perform the contract in whole or in part in this state; (2) commits a tort in whole or in part in this state; or (3) recruits Texas residents, directly or through an intermediary located in this state, for employment inside or outside this state. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

5 Constitutional Due Process Kulko v. California Supreme Court, 436 U.S. 84, 91 (1978) The extent to which we may exercise that authority is governed by the Due Process Clause of the Fourteenth Amendment to the Federal Constitution.

6 Due Process Latshaw, 167 F.3d at 211 quoting International Shoe Co. v. State of Washington, 326U.S. 310, 316 (1945) The Due Process Clause of the Fourteenth Amendment permits the exercise of personal jurisdiction over a nonresident defendant when (1) that defendant has purposefully availed himself of the benefits and protections of the forum state by establishing "minimum contacts" with the forum state; and (2) the exercise of jurisdiction over that defendant does not offend "traditional notions of fair play and substantial justice."

7 Specific Jurisdiction International Shoe Co. v. Washington, 326 U.S. 310 (1945) In the absence of general jurisdiction, specific jurisdiction permits a court to exercise personal jurisdiction over a non-resident defendant for forum-related activities where the "relationship between the defendant and the forum falls within the `minimum contacts' framework"

8 3-Prong Test for Personal Jurisdiction Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985) ( citing International Shoe Co. v. Washington, 326 U.S. 310, 319 (1945)). (1) the defendant must have sufficient "minimum contacts" with the forum state, (2) the claim asserted against the defendant must arise out of those contacts, and (3) the exercise of jurisdiction must be reasonable. Id. The "Constitutional touchstone" of the minimum contacts analysis is embodied in the first prong, "whether the defendant purposefully established" contacts with the forum state.

9 Forseeability World Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 295 (1980) "[T]he foreseeability that is critical to the due process analysis is... that the defendant's conduct and connection with the forum State are such that he should reasonably expect to be haled into court there."

10 1958 Technological Progress Hanson v. Denckla, 357 U.S. 235, (1958) "[a]s technological progress has increased the flow of commerce between States, the need for jurisdiction has undergone a similar increase."

11 1985 Burger King, 471 U.S. at 476 jurisdiction could not be avoided merely because the defendant did not physically enter the forum state. [I]t is an inescapable fact of modern commercial life that a substantial amount of commercial business is transacted solely by mail and wire communications across state lines, thus obviating the need for physical presence within a State in which business is conducted.

12 “The Blue Note” – New York City

13 “The Blue Note” – Columbia, Missouri

14

15 CompuServe

16 Compuserve, Inc. v. Patterson, 89 F.2d 1257 (6th Cir. 1996) Patterson, a Texas resident who in his spare time sold "shareware" through Internet service CompuServe based in Ohio. During the course of his relationship with CompuServe, Patterson transmitted 32 software files that were stored and displayed by CompuServe. Sales to CompuServe customers were made in Ohio and other states. When a dispute arose between Patterson and CompuServe over their agreement, he was found subject to jurisdiction of the courts of Ohio, even though he never had set foot in that state and had no employees or other business relationships there. In CompuServe vs. Patterson the court held that because Patterson transmitted his product to CompuServe's system in Ohio and access to his software was provided via CompuServe's system in that state, Patterson would be considered to have been doing business in the state of Ohio and subject to its jurisdiction.

17 Zippo Mfg. Co. v. Zippo Dot Com, Inc.

18 aol

19 Drudge Report

20 Mink vs AAAA Development

21 Music Millennium v. Millennium Music Oregon South Carolina

22 Peepers Sunglasses Minnesota American Eyewear Texas

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24 American Eyewear v. Peepers Sunglasses & Accessories

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26 Roomates.com

27 Yahoo!

28 Secondlife.com


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