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

Yes...and in Calder v. (Shirley) Jones, the National Enquirer sells most 
of its papers in California so the tort was committed there regardless of 
the fact that the Nat.Enq is centered in Florida.  Indeed Apples and 
Rutabagas....the court seems to be stretching its points rather thinly...





"James S. Tyre" <jstyre@jstyre.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
09/08/2002 07:18 PM
Please respond to dvd-discuss

 
        To:     <dvd-discuss@eon.law.harvard.edu>
        cc: 
        Subject:        Re: [dvd-discuss] CA Supreme Court hears Pavlovich  Jurisdiction Challenge 
in DVDCCA case


At 06:28 PM 9/8/2002 -0700, D. C. Sessions wrote:
>On Sun, 2002-09-08 at 12:37, Joshua Stratton wrote:
> > Indeed they have. Partially this is because IIRC Congress hasn't 
enacted
> > any legislation. Trade secrets are pretty much the domain of the 
states.
> > California's t.s. laws are broader than those of a lot of other states
> > though, again IIRC.
>
>Which in turn is because trade secrets have been handled as a matter of
>contract law, and in contract law the matter of personal jurisdiction
>is pretty clear: the parties have unambiguously availed themselves of
>the State in question and usually specified its jurisdiction in the
>contract itself.


Huh?

"Pure" trade secret law (where, as here, there is no contract involved) 
has 
nothing to do with contract law, even for personal jdx purposes.

Indeed, the argument centered around the United States Supreme Court 
Calder 
v. Jones purposeful availment test, which is a test of personal 
jurisdiction in tort law, not contract law.

Apples and rutabagas.


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