Court Cases On Internet Jurisdiction Essay

1081 words - 5 pages

Yahoo Inc. case
The fact and precedents in Yahoo Inc. case and its judgment is referenced so as to bring into a skeptical idea of process that courts adopt while deciding matters relating to jurisdictional issues in cyber law. Yahoo is one of the world’s largest global online networks for wide range services. It has reached out for more than 21 million local users in United States and 90 millions globally. The baseless fight of nations on their cultural differences, and the effort to claiming their laws on each other in an effort to protect those differences rather than seeking means to preserve them without conflict, is an old and regrettably venerated tradition. the issue between the two plaintiff and Yahoo serves as a poor explanation of the usability of the litigation process, either in France or in the United States, to deal with this cultural and legal dispute that came when material posted lawfully on servers and which was unlawful in another country, here one country violates the law when viewed by web surfers in another country. The courts in both country attempt to go through the line between preserving their sovereignty and preserving the principle of international community. The results are not well satisfying for all sides. Although the most disappointing element of this conflict is that after three years of litigation, the dispute is similar than when they started, and the issues raised before the both parties are still unresolved.
The French court further declared that Yahoo! to advise against French citizens from accessing the site and to take all necessary dealings to make it unfeasible to access the Nazi relic auction and any other web site or service that may comprise an apology for Nazism or a contesting of Nazi crimes. 02 In addition, the French court ordered Yahoo! to pay a penalty of 10,000 Francs to LICRA . Following the French decisions, Yahoo! filed a suit in the U.S. District Court for the Northern District of California seeking a declaratory judgment that the French court's orders were neither recognizable nor enforceable under the laws of the United States.
Zippo manufacture v. Zippo Dot Com
This case is a landmark opinion regarding internet jurisdiction , and it is one of the most frequently cited Cyberlaw opinions. In which court found personal jurisdiction over a defendant providing internet services. Zippo manufacturing company makes Zippo pocket lighters is a Pennsylvania corporation. A California Corporation Zippo Dot Com operated an internet website that offered access to USENET newsgroup. Zippo Dot Com registered the domain names “zippo.com” “zippo.net” and “zipponews.com”
. Zippo manufacturing’s basis of claims was Dot Com ‘s use of the world “Zippo” I in the domain names in numerous locations in its websites and in the title of the internet newsgroup message that were posted by the Zippo dot com subscribers . Dot Com moved to dismiss for lack of personal jurisdiction. Zippo manufacturing filed a...

Find Another Essay On Court Cases on Internet Jurisdiction

Short summaries on select important Supreme Court Cases

595 words - 2 pages Court Decisions1)Marbury v. Madison (1803) - On the last day of his presidency, President Adams appointed William Marbury as the justice of peace for the District of Columbia. However, the new secretary of state, James Madison, chose to shelf Marbury's commission. Marbury sued Madison for its delivery. In this case, Chief Justice Marshall knew that it would not be delivered and chose to dismiss Marbury's suit. Marshall claimed that the part of

Internet and personal jurisdiction. When is a web page creator subject to a State's jurisdiction?

772 words - 3 pages mentioned by Christopher Wolf, in the article entitled "Internet Jurisdiction" some can fall in the middle being neither interactive nor passive. "Many cases have fallen in the middle, being neither strictly interactive nor passive. These cases include situations where a defendant operates an informational Web Site, but also allows a user to exchange information with the host computer by providing an e-mail address, a toll-free telephone number or other

Internet Jurisdiction

2751 words - 11 pages to the appropriate court in order to be litigated.Simply put, that pretty much sums up personal jurisdiction, so now I will focus on website owners by answering the following questions:Why is personal jurisdiction an issue for those who post websites?As I stated above, the Internet has no geographical boarders. It is everywhere all at the same time and can be accessed from anywhere just the same. Personal jurisdiction is an issue for website

malaysia

1133 words - 5 pages proceedings in the Shariah High Court shall be stayed pending further order of the Syariah Appeal Code. On the other hand, the Syariah High Court has three jurisdictions. First, the original jurisdiction of the Syariah High Court covers both civil and criminal cases. As for civil cases, the court may hear all matters listed in s 46 (2) (b) of the AIL (FT) Act 1993. These matters relate to family law and personal law which are apart from wakaf

The Cases of Martin v. Hunter's Lessee and Ex parte McCardle

1811 words - 8 pages court’s decision was reversed. Martin then appealed the case to the United States Supreme Court. The Supreme Court found that since the treaty superseded the state’s law, Martin was the rightful owner of the land and remanded the case back to Virginia Court of Appeals to enter a decision for Martin. The Virginia Court of Appeals refused to comply with the Supreme Court’s decision and questioned the Court’s jurisdiction in cases decided by a state

Courts

1043 words - 4 pages by state courts. All lower federal courts operate under uniform rules of procedure promulgated by the Supreme Court. The Supreme Court is the highest appellate tribunal in the country and is a court of original jurisdiction according to the Constitution “in all cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be a Party.” By virtue of its power of review, the Supreme Court is also the final judicial

What are the statutory duties of the Victorian County Court?

981 words - 4 pages claims, and eventually this role evolved into both civil and criminal jurisdiction in 1968. Since that time, the courts power has risen and its jurisdiction has widened, proportionate to the claims it addresses.Jurisdictions Of The County CourtCivilUnlike a criminal case where there are defendants and prosecutors, in civil cases the prosecutor is known as the plaintiff. The civil jurisdiction of the County Court covers all claims for personal

Tribal Criminal Jurisdiction

1308 words - 6 pages would create a void in jurisdiction because if Tribes did not have jurisdiction over nonmembers then only the state would, and the state may not have the resources to try the case. The Supreme Court disagreed stating that based on prior cases Tribes had no jurisdiction over nonmembers. Congress disagreed and made what came to be called the Duro Fix, which was a fix to the Indian Civil Rights Act. This fix stated that Tribes had jurisdicton over all

Forum Selection Clauses - An Argument for Their Use Case precedents and arguments on why forum selection clauses included in contracts should be legal and binding

1850 words - 7 pages "interactive" and more toward the jurisdiction principles of minimum contacts and purposeful availment,turning to the due process clause and the state's Long-Arm Statute .Even the sending of a single e-mail solicitation message to a recipient in a foreign state supports the exercise of specific personal jurisdiction over the out-of-state message sender as ruled by the U.S. District Court for the Southern District of Mississippi (Internet Doorway Inc

National Enforcement of international Judgements

1217 words - 5 pages even further f.e. Luganer Agreement Neither competencies of courts nor recognition of judgements between the EU and the USA are regulated yet. An agreement on court jurisdiction has been ratified but has not yet become effective, the Hague Convention. In addition, there are several bilateral contracts regarding trade. If there are no international agreements, the ZPO (civil procedural law) is applied. The international competency Each

The International Criminal Court (ICC) and the Protection of Human Rights in Africa

1589 words - 6 pages for the ICC’s exercise of jurisdiction which includes the following: a state party referring a situation to the prosecutor, referral of a situation by the Security Council, and where the prosecutor initiates an investigation on his own initiative. This mini dissertation seeks to analyse the prosecutorial role of the International Criminal Court in Africa. This study is based on whether the prosecutorial role promotes the much expected justice

Similar Essays

An Essay On The International Criminal Court, With A Mark Of 18.75/20. Including Overview, History, Jurisdiction, Structure, Rights Of The Accused And Current Cases

1026 words - 4 pages The International Criminal Court (ICC) was established on July 1 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression, but it cannot exercise jurisdiction over the crime of aggression, as the Rome Statute of the international criminal court stipulates that the ICC cannot exercise its jurisdiction over the crime of aggression until such time as the states parties agree

Supreme Court Cases On Separation Of Church And State Clauses

2424 words - 10 pages different. A Supreme Court cases, Abington School District v. Schempp, practices concern on reading from the Bible at the beginning of the day. Edward Schempp filed a suit against the district to forbid the enforcement of a Pennsylvania law. The Abington School District, one of Pennsylvania’s public school systems, was following a state law requiring school districts to read at least ten verses from the Bible and then recite the Lord’s Prayer

Argues In Favor Of The Right To Marry For Same Sex Couples Or Homosexuals Based On The Fourteenth Amendment And Precedents Set In Past Supreme Court Cases

3941 words - 16 pages southerners did was strengthen their miscegenation laws. In the 1940's a majority of the states banned interracial marriage because they considered it immoral and 'unnatural' in the same way people consider same-sex marriages immoral and 'unnatural'. In 1878, the Supreme Court of Virginia declared a marriage between a black man and a white woman invalid based on the rationale of 'unnaturality' of interracial marriages. "The purity of public morals," the

Q. Porter 2001 Wrote: "The Internet Then Is Often ..In Many Cases It Actually Makes Those Sources Even More Important." Discuss This Statement On The Banking Sector

1918 words - 8 pages Porter's (2001) statement from his article Strategy and the Internet summarises his discussion on the relative advantages of the Internet and how these are worthless without a strategic approach. He uses his own five forces analysis to analyse the "underlying forces of competition", this analysis is necessary to "illuminate" areas of potential profitability. Applying this framework to the banking industry uncovers interesting revelations. The