This paper discusses the many court cases concerning when the Internet can make personal jurisdiction.
6,925 words (approx. 27.7 pages) |
34 sources |
APA | 2004
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Paper Summary:
This paper explains that the checking of procedure and attachments are official methods for declaring personal authority over people or belongings and helps in the purpose of giving constitutionally essential notice of the pendency of a judicial happening that may end up in the withdrawal of property. The author believes that the courts are now concentrating more on the mindsets of the defendants in the form of jurisdictional disputes and less on the behavior of third-party end-users, who are useful only in the forum state. The paper concludes that the limits of personal jurisdiction in Internet cases are still being developed into a body of legal knowledge, yet it seems that the results of these judgments are becoming more and more consistent and predictable.
From the Paper:
"The courts analogize the spread of information through an Internet website to the position of a product in the course of business, interpreting that the website owner created the website for viewing the Internet with a trust and hope that people using the Internet will view the site to get their required information, which was studied under the course of business analysis e.g., Smith v. Hobby Lobby Stores, Inc., 968 F.Supp. 1356, 1362-65 (1997); Bensusan Restaurant Corp. v. King, 937 F.Supp. 295, 301. A suit was flashed by King's World Wide Web site, which publicized his Columbis, Missourie Blue Note jazz club on the World Wide Web, which is given in Bensusan Restaurant Corporation.v.King. Bensusan had the brand mane of The Blue Note and was making business as a popular Jazz club in Greenwich Village. Ben Susan took legal action against King for the brand name intrusion and allied reasons of activities in Federal District Court in New York. Due to a lack of personal jurisdiction in New York, King moved the case to reject the legal action."
Internet Personal Jurisdiction (2012, February 09). Retrieved February 13, 2012, from http://www.academon.com/Research-Paper-Internet-Personal-Jurisdiction/49486
"Internet Personal Jurisdiction" 09 February 2012. Web. 13 Feb. 2012. <http://www.academon.com/Research-Paper-Internet-Personal-Jurisdiction/49486>
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Published by:
serendipity
Publisher Since:
Feb 12, 2004
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