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
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)
JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY
AFFIRMED. COSTS TO BE PAID BY THE PETITIONER.
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.
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