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Old 03-04-2012, 07:46 PM  
$5 submissions
I help you SUCCEED
 
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Join Date: Nov 2003
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Posts: 32,195
Quote:
Originally Posted by nextri View Post
Justice has prevailed..

I have no idea what the hell it all means, other than the fact that I guess we won..
Here's what it means. In plain English.

The US Constitution has a DUE PROCESS clause that covers a court's ability to haul in a defendant to face trial in a civil or ciminal case. This ability to haul in a person is called PERSONAL JURISDICTION. The US supreme court requires that for someone who is suing you to haul you into court, your activities must have at least some "minimum contact" with the jurisdiction that's trying to haul you in. The US Supreme Court has laid out a test for Minimum contact called the CALDER EFFECTS TEST.

The 9th Circuit court of appeals (which covers California) has caselaw regarding this and Facebook failed to meet its requirements. Since Facebook couldn't show that FACEPORN expressly AIMED its conduct at residents of California, the Calder Effects test wasn't met. A federal court in California can't be used to haul in the FACEPORN defendants.

Facebook can try filing the case in the home court of the defendant to get rid of jurisdiction issues.

Faceporn WON on a "technicality"

Last edited by $5 submissions; 03-04-2012 at 07:47 PM..
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