Tuesday, March 06, 2012

Week 3 - Internet Jurisdiction

The next class is Internet jurisdiction. 
Presentation from class is here.
Please read the following:
The relevant chapter in the assigned class text.





Sliding Scale Test:

Zippo case

Effects Test:

Calder v. Jones (US Supreme Court)

Application of Effects Test:


Weather Underground case (and complete court file for this case if interested)

Penguin Group v. American Buddha


Australian approach:

Dow Jones v. Gutnick (High Court of Australia)

[Defamation - including Internet cases - background information if interested]


What happens if the Defendant does not show up?

Bell v Steele (No 2) [2012] FCA 62 (7 February 2012) - a case that involves a film made in NY and Australia by Richard Bell from Brisbane, that was uploaded to Vimeo from Australia, and where a person in NY had the film removed from Vimeo.


Could two courts come to an inconsistent result in the same case?
See The Secret litigation:
Background: The Australian


  • Australian Trial Judge Decision
  • Full Court of Federal Court Decision
  • Note regarding US decision on jurisdiction
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