3629053420 - BEYOND SYSTEMS, INC. v. REALTIME GAMING...

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BEYOND SYSTEMS, INC. v. REALTIME GAMING HOLDING COMPANY, LLC, ET AL. No. 119, September Term, 2004 COURT OF APPEALS OF MARYLAND 388 Md. 1; 878 A.2d 567; 2005 Md. LEXIS 318 June 22, 2005, Filed PRIOR HISTORY: Appeal from the Circuit Court for Montgomery County pursuant to certiorari to the Court of Special Appeals. Joseph A. Dugan, Jr., JUDGE. Beyond Sys. v. Realtime, 384 Md. 448, 863 A.2d 997, 2004 Md. LEXIS 870 (2004) DISPOSITION: [***1] JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY AFFIRMED. COSTS TO BE PAID BY THE PETITIONER. CASE SUMMARY: PROCEDURAL POSTURE: Plaintiff, a corporation that received unsolicited e-mails, appealed the judgment of the Circuit Court for Montgomery County (Maryland), which granted the motion to dismiss filed by defendants, two software developers, for lack of personal jurisdiction. The corporation brought suit alleging violations of Md. Code Ann., Com. Law § 14-3002 (2002, 2004 Cum. Supp.). The court granted the corporation's petition for writ of certiorari. OVERVIEW: The cause of action arose from 16 e-mail addresses used by employees of the corporation receiving an unsolicited e-mail that advertised a gambling website. Section 14-3002 prohibited the dissemination of false or misleading information through unsolicited, commercial e-mail, as a deceptive business practice. The court acknowledged that defendants' maintenance of a website was, conceivably, a continuous presence everywhere, but that the existence of a website alone was not sufficient to establish general jurisdiction in Maryland over defendants. Further, a mere link, with no more compelling evidence, was insufficient to create the necessary nexus between defendants and the gambling website that was
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This note was uploaded on 04/29/2010 for the course ENTR Buisness l taught by Professor Sandhous during the Spring '10 term at Johns Hopkins.

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3629053420 - BEYOND SYSTEMS, INC. v. REALTIME GAMING...

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