IP: more on A Libel Suit May EstablishE-Jurisdiction

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: "Eric C. Grimm" <eric.grimm () cyberbrief net>
Date: Mon, 27 May 2002 17:18:04 -0400
To: <farber () cis upenn edu>
Cc: <james.love () cptech org>
Subject: RE: more on A Libel Suit May EstablishE-Jurisdiction


James Love's point about the proposed jurisdiction treaty is important.  And
the jurisdiction treaty story does not receive nearly enough attention,
given the profound detrimental impact of multi-jurisdiction forum shopping
on all manner of legitimate Internet (and non-Internet) activities.

At least the NYTimes article made it clear that the New York Times (and
others) had filed an Amicus Curiae brief in the libel case.  Which may be
what triggered the article, rather than the more general topic of
jurisdiciton.

And, of course, if we're going to get excited about inappropriate
extraterritoriality and forum-shoping (including issues that COULD have been
included in the article but weren't), there is another important case set to
be argued just two days later before the same court -- the Porsche case,
involving so-called "in rem" jurisdiciton in Virginia under the
"Cybersquatting Act of 1999."

The Porsche panel (I predict) is unlikely to reach the issue of the
constitutionality of the "Cybersquatting Act," because the case can be
decided on narrower grounds (i.e., by affirming Judge Hilton's decision to
transfer it to California for an "in personam" proceeding).  But you never
know for sure.  Ultimately, in both the Porsche case, and another case that
is pending -- Cable News Network v. CNNews.com (disclaimer of Interest -- I
was the principal author of one of the two Amicus Briefs filed in the
CNNews.com case), the Fourth Circuit will soon have multiple opportunities
to address some very important constitutional issues that it dodged recently
in Heathmount A.E. Corp. v. Technodome.com (disclaimer: I represented
Appellant in Technodome).  Sooner or later, the Fourth Circuit will have to
confront the facial illegality of the ACPA "in rem" provision.

And it will be interesting to see which case (not necessarily any of the
above) the Fourth Circuit selects as the big case in which to hold forth on
this important subject.

Carl Kaplan is a superb writer and journalist, IMHO.  So I do not in any way
mean to criticize him personally.  And I'm sure Jamie did not mean to do so,
either.  If NY Times had unlimited space, doubtless all of these issues
would have been covered.  But then again, the article seems to be about the
issues in one particular case, rather than about the general problem of
forum-shopping and the detrimental impact that forum-shopping is having on
the Internet.  Given that NYTimes saw fit to try to tee up the Calder v.
Jones "effects test" in an Amicus brief (perhaps with an eye to trying to
get the Supreme Court to re-visit Calder -- which I view as a particularly
wrong-headed decision, and a good candidate for revisitation and correction
by the Supremes), it is perhaps less surprising that one particular case was
singled out for attention.

Eric C. Grimm
CyberBrief, PLC
320 South Main Street
Second Floor
Ann Arbor, Michigan  48104
734.332.4900
fax 734.332.4901

]> -----Original Message-----
]> From: owner-ip-sub-1 () admin listbox com
]> [mailto:owner-ip-sub-1 () admin listbox com]On Behalf Of Dave Farber
]> Sent: Monday, May 27, 2002 10:22 AM
]> To: ip
]> Subject: IP: more on A Libel Suit May EstablishE-Jurisdiction
]>
]>
]>
]> ------ Forwarded Message
]> From: "James Love" <james.love () cptech org>
]> Date: Mon, 27 May 2002 09:25:09 -0400
]> To: <farber () cis upenn edu>
]> Subject: Re: A Libel Suit May Establish E-Jurisdiction
]>
]> How can the New York Times write about this issue without mentioning the
]> fact that about 60 countries, including the USA, are negotiating a treaty
]> that deals with Internet jurisdiction for libel and defamation cases?
]>
]> Jamie
]>
]> http://www.cptech.org/ecom/jurisdiction/hague.html
]>
]>
]> ------ End of Forwarded Message
]>
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]> http://www.interesting-people.org/archives/interesting-people/
]>



------ End of Forwarded Message

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