[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: [dvd-discuss] CA Supreme Court hears Pavlovich Jurisdiction Challenge in DVDCCA case



On 8 Sep 2002 at 0:04, Jeremy Erwin wrote:

Date sent:      	Sun, 8 Sep 2002 00:04:35 -0400
Subject:        	Re: [dvd-discuss] CA Supreme Court hears Pavlovich  
Jurisdiction	Challenge in DVDCCA case
From:           	Jeremy Erwin <jerwin@ponymail.com>
To:             	dvd-discuss@eon.law.harvard.edu
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> 
> On Saturday, September 7, 2002, at 06:20  PM, microlenz@earthlink.net 
> wrote:
> 
> > On 6 Sep 2002 at 23:16, D. C. Sessions wrote:
> >
> > Subject:        	Re: [dvd-discuss] CA Supreme Court hears Pavlovich
> > Jurisdiction
> > 	Challenge in DVDCCA case
> > From:           	"D. C. Sessions" <dcs@lumbercartel.com>
> > To:             	DVD-Discuss <dvd-discuss@eon.law.harvard.edu>
> > Date sent:      	06 Sep 2002 23:16:33 -0700
> > Send reply to:  	dvd-discuss@eon.law.harvard.edu
> >
> >> Bringing the matter back to personal jurisdiction, I'm trying to
> >> understand:
> >>
> >> 1) If the existence of a film industry is sufficient to establish
> >>    personal jurisdiction, does this mean that Pavlovich will next
> >>    be sued in New York, Florida, etc?
> >> 2) If not, why not?  Is California the *only* State which can
> >>    exercise personal jurisdiction over movie industry issues?
> >
> > Why limit it to movies? The purpose of the federal system is to allow 
> > the
> > resolution of disputes that affect multiple states...If one retreats 
> > from that
> > then one is forced into the chaos of state-by-state adjudiction..costly,
> > timeconsumimg and counter productive.
> >
> Not to play devil's advocate here, but it is possible that California 
> has enacted much broader protections for trade secrets than the U.S 
> Congress.
> 

Yes I believe it has (although Jim T. would know better than I.)...which is all 
the more reason for this to be a Federal matter rather than a state by state. I 
realize that California is home to HollyWierd and SillyCone Valley but I find 
it VERY hard to fathom how or why the California COurts believe they have 
jurisdiction over something that happened in another state. Furthermore, as a 
citizen of the State of California, I am expected to know and obey all laws, I 
do not understand what obligation Matt had in another state to know California 
Law and be bound by it...or why the Judges are not laughing at the DVDCCA 
lawyers pointing out this obvious fact....

> Jeremy
>