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This launched a separate line of reasoning with regard to jurisdiction in Internet cases focused on the specific characteristics of the web, and was cited by Hearst Corp. v. Goldberger. Within the same year of the Bensusan decision, Zippo Manufacturing Co. v. Zippo Dot Com gave rise to the Zippo test for personal jurisdiction in Internet cases.
The effects doctrine is an offshoot of the territorial principle. Briefly, the effects doctrine says that if the effects of extraterritorial behavior or crimes adversely affect commerce or harm citizens within the United States, then jurisdiction in a U.S. court is permissible. The first case to establish the effects doctrine was United States v.
Calder v. Jones, 465 U.S. 783 (1984), was a case in which the United States Supreme Court held that a court within a state could assert personal jurisdiction over the author and editor of a national magazine which published an allegedly libelous article about a resident of that state, and where the magazine had wide circulation in that state.
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997), was a decision by the United States District Court for the Western District of Pennsylvania holding that a court has personal jurisdiction over a website originating in a different territory, if the website is accessible to Internet users in the court's territory.
Personal jurisdiction in internet cases in the United States Personal jurisdiction CompuServe, Inc. v. Patterson [ 1 ] was a court case heard before the Sixth Circuit Court of Appeals which held that contacts and contracts negotiated through the Internet with a party in a different state were sufficient to grant personal jurisdiction in that state.
Burger King also invoked the Court's original jurisdiction over disputes arising under federal trademark law pursuant to 28 U.S.C. § 1338(a). The District Court held that Florida had jurisdiction because of a statute that allowed the state to extend jurisdiction to anyone breaching a contract within the state.
Hearst Corp. v. Goldberger was a case out of the U.S. District Court for the Southern District of New York in which the court developed a reasoned framework to determine the proper exercise of personal jurisdiction in cases involving activity in cyberspace. The court determined that it lacked jurisdiction over an out-of-state defendant whose ...