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Update To Pavlovich DeCSS case; Stay Lifted
MeanMF writes "Update to this article:Infoworld reports that the Justice O'Connor of the U.S. Supreme Court has lifted the temporary stay on the California Supreme Court's ruling that Pavlovich can not be tried in California courts. That ruling can now take effect. More from the EFF."
Much better to defend others I guess...
(No, it's not a criticism, just an observation)
All over a guy that wanted to watch some DVD's he bought...
This whole thing is insane.
---- Booth was a patriot ----
I would like to know why O'Connor acted. Perhaps she wanted some research done, or perhaps she floated the case by other Justices without getting a bite. It takes four Justices to grant certiorari and hear the full case.
:)
To label personal jurisdiction a procedural question is misleading. Things like filing dates for briefs are classically procedural. But personal jurisdiction goes to constitutional due process and the very life or death of entire classes of cases. PJ over Web disputes will prove to be as critical issue as the free speech question at the heart of this DMCA case. What good is free speech in the U.S. if you can be charged in some country antagonistic to the concept (Singapore, China, others).
Here, PJ appears decides the case for now. PJ is not a question of the rights of the CA court, but its power, and fundamental fairness to the defendant ("traditional notions of fair play and substantial justice"). If the party has not had or consented to contact with the forum, it is a violation of substantive due process to impose jurisidiction. You don't have to visit the state to get into trouble there. Yet it is important also to consider fairness to the plaintiff, who may have been injured by something really foul done by the defendant -- they're not all as sympathetic as Pavlovich.
Already, the U.S. is already indirectly disagreeing with Australia over this point, a recent Fourth Circuit case. Note the heavy hitters who participated in that appeal --- NYT, WP, DJ, and others. It's not just little website operators who are worried.
The questions can become quite difficult and are the sort of stuff law professors use to torture their students now that thumbscrews are banned. How much "contact" is enough? Is passing over California in the Space Shuttle or ISS enough for them to nail you court? (Don't laugh, I bet this will comes up some day: picture astronaut Francine is on break sitting at his console typing away decryption codes while zipping over dozens of states and countries... for that matter, who has jurisdiction and whose laws apply the first time two pieces of space stuff whack into each other? The first fender bender will be messy.)
Anyway, I'm skeptical whether California got PJ right here -- in an analytical sense that will carry the day for eventual federal standards -- but for all intents it appears the CA aspect of the litigation is dead. Sooner or later, this jurisdictional question will land squarely in the U.S. Supreme Court.
Just thinking out loud...
I don't think it makes more sense from the perspective that it IS actually publishing in those locations. But I do support your "US" standpoint more because enforcement of the other approach means to be lawful, you'd be expected to follow all laws everywhere, which takes "just because you don't know the law doesn't mean you're not held to it" to a new ridiculous level.
and here's when la county tried to charge property taxes for satellites overhead
Here's a clue to the tax problem in california, they could try controlling their borders better, allow lawful citizens to live and work there, kick out illegal criminals. Also stop being a clueless nanny state in the legislature. Might save a few bucks that way. Just a thought.