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

--- "James S. Tyre" <jstyre@jstyre.com> wrote:
> http://www.law.com/jsp/article.jsp?id=1030821170539
> Rockets Fly Over DVD Encryption Case Jurisdiction
> Shannon Lafferty
> The Recorder
> 09-06-2002
> [...]
> Gregory Coleman, DVD Copy Control's attorney, argued that Pavlovich knew 
> what he was doing harmed California's motion picture and technology 
> industry -- thus meeting Calder's requirements.

Coleman is conflating trade secret harm to the DVDCCA plaintiff with (asserted)
Copyright harm to the MPAA members. Any Copyright harms that Pavlovich
allegedly knew would occur prove only that Federal jurisdiction is appropriate,
not California jurisdiction. This is a TRADE SECRET case, arising under state

At best, the appropriate question is whether Pavlovich knew that the trade
secret harms would impact California. Indeed it was impossible for him to know
this, because it was not even TRUE at the time his web site posted DeCSS. The
owner of CSS was based in Japan, not California, until a few weeks before the
case was filed. Moreover, the DVDCCA is a very obscure business entity. Jack
Valenti, head of the MPAA, testified under oath he did not know who the DVDCCA
was, so it is extremely unreasonable to expect Pavlovich to know this. 

The supposed harms to THIS PLAINTIFF attributible to trade secret
misappropriation and not copyright issues occured ONLY because the DVDCCA
purchased CSS after the fact. At best, the "rocket" was fired at Japan, and
imported to California by the DVDCCA after it landed there.

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