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Lecture 2

CCT206H5 Lecture Notes - Lecture 2: Zippo, Minimum Contacts

by

Department
Communication, Culture and Technology
Course Code
CCT206H5
Professor
Anthony Wensley
Lecture
2

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CCT206 LECTURE 2 (JAN.14, 2016) – ISSUES OF JURISDICTION
Cases: Mrs. Maiers photos, social media photo copyright, Brown vs. Leigh, eBooks, Zippo
(manufacturing vs. dot com), Gutnick vs. Dow Jones, Baghora vs. Washington Post
Chang case judgement: lack of jurisdiction, dismissed
CC licenses address creators copyright, not privacy/publicity rights
Jurisdiction: authority/ territory over case
Power to legislate, adjudicate & enforce cases
Importance: court can hear the case if it falls under their jurisdiction
Extraterritoriality: Ontario can hear case if it involves Ontario resident, even in other
provinces
Default judgement: judgement favoured for plaintiff, if defendant doesn’t show
Minimum contacts: links/contacts abroad that validate statements (e.g. business)
3 bases:
1. Territoriality: physical location of jurisdiction
2. Nationality: if a case has national importance, or breaks national laws (e.g. Canadians
paying for child prostitutes in Asia)
3. International agreement: must be agreed on by both parties (e.g. court of The Hague,
war crimes)
Court has jurisdiction: over subject matter, things within territory (in rem)
Personal jurisdiction (in personam)
2 types over non-residents:
1. General: Extensive long-term contacts bw plaintiffs/province/country & defendant
2. Specific: where there are limited contacts
Long-arm statute: only if due process followed (fairness, predictability, transparency) &
min. contacts
3-part test:
1. Purposeful availment: used laws/protections by the state
2. Suit must arise from action of defendant
3. Must be reasonable
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