OL forCIVPRO92910

OL forCIVPRO92910 - New technology, old problems: Pavlovich...

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New technology, old problems: Pavlovich and the effects test Trial for SW copyright infringement. PJ was ordered based on ∆’s passive internet site. Appeal was based on never having solicited w/in CA. Passive/active distinction was that ∆ never directed people to actually use the SW Rule: Creating an Internet Web site, like placing a product into the stream of commerce, may be felt nationwide, or even worldwide, but, without more, it is not an act purposefully directed toward the forum state Issue hinges on effects test. ∆ didn’t direct people on how to use SW. Didn’t know if potential users were in CA What @ foreseeability (SOC analysis: potential use in forum) Gator v. LL Bean L.L.Bean has sent a demand letter to pop-up ad promulgator Gator. Gator filed a declaratory judgment in CA seeking relief. Arg about PJ CA had genjur over L.L. Bean, based on continuous and systematic contacts with state, specifically contacts arising from operation of a 'virtual store' over the Internet, national advertising and mailings into California. Combined w/ sales, created enough activity. one of few cases evaluating whether contacts over Internet can give rise to GenJur Venue or statutory limits on constitutionally permissible exercises of personal jurisdiction: The 3rd Ring – Venue Rule 1391, Venue further restricts where the P can bring suit. §1391(a): governs venue in diversity cases; authorizes venue in: (1) a judicial district where any ∆ resides, if all ∆s reside in same state Majority: Domicile = Residence Minority: a person may reside in more than one district even though she is domiciled in only one for diversity purposes (2) a judicial district in which a substantial part of the events occurred, or a substantial part of property that is the subject of the action is situated Note: These provisions may authorize venue in several districts
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This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

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OL forCIVPRO92910 - New technology, old problems: Pavlovich...

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