Venue: | CA SC |
Facts: | Pavlovich is a TX dude who posts DeCSS on his web site. |
Posture: | Suit in CA state court. Motion to quash service of process for lack of personal jurisdiction. Ct. App. appears to have affirmed on the issue of jurisdiction. |
Issue: | Did posting DeCSS counstitute a "purposeful availment" in the sense that it was targeted mostly at CA industries? |
Holding: | No. Reversed. |
Rule: | Just making a web site, although it might be visible worldwide, is not per se an act purposefully directed at anyplace. |
Reasoning: | Just posting information isn't like doing business over the Internet,
and entering contracts, etc.
Here the plaintiffs are asking for jurisdiction on the basis that the defendant should have known that his conduct may harm industries associated with the plaintiff, though notnecessarily the plaintiff itself. That's just not enough. |
Dicta: | Dissent: really this guy had a broad intent to harm industries he knew were substantially centered in this state, and that should count. |