Preface
About the Author
About the 2003 Revision Author

Chapter 1. Introduction

Chapter 2. Rights And Duties

2.1 Geographic Borders

2.2 Technological Developments

2.3 Role of the State

2.4 Role of the International Organization

2.5 Goals of the Global Justice System

Chapter 3. Personal Jurisdiction

3.1 General and Specific Jurisdiction

3.1.1 General Jurisdiction

3.1.2 Specific Jurisdiction

3.1.3 Purposeful Availment and Specific Jurisdiction

3.2 Personal Jurisdiction and the Net

3.3 Cyber-Contacts

3.4 Personal Jurisdiction Analysis as Applied

3.5 International Application of Due Process

3.6 Service of Process Upon Alien Defendants

3.6.1 Service of Summons Within U.S. Borders

3.6.2 Service of Summons Abroad

Chapter 4. Subject Matter Jurisdiction

4.1 Categories of Cases

4.1.1 Federal Question Jurisdiction

4.1.2 Diversity Jurisdiction

4.1.3 State Court Jurisdiction

4.2 Characterization

4.3 Diversity

4.4 Federal Question

4.5 Presumptions Under Aramco on Extraterritoriality of U.S. Statutes

4.6 Limits of The Maritime & Admiralty Framework

4.7 The Federal Sovereign Immunities Act

4.8 Recent International Subject Matter Jurisdiction Matters

4.8.1 Regulation of Internet Speech Reaching Multiple Jurisdictions

4.9 Direct Effect in the United States

4.10 In Rem Jurisdiction & Domain Names

4.10.1 Requirement For Sufficient Minimum Contacts

4.11 Cybarctica

4.12 Signs of What the Future of Subject Matter Jurisdiction Holds

Chapter 5. Prescriptive Jurisdiction

5.1 Effects Doctrine

5.2 Nationality & Tertiary Bases

5.3 Extraterritoriality of Federal Law

5.3.1 Balancing: Timberlane and Mannington

5.3.2 Restatement Restated

5.4 Interpreting Internet Cases

5.4.1 Domain Names & Prescriptive Jurisdiction

5.4.2 Auctions & Prescriptive Jurisdiction

Chapter 6. Concurrent Prescriptive Jurisdiction

6.1 Hartford & Its Implications Upon Reasonableness"

6.2 "Principal Purpose"- Exception To Reasonableness"?

6.3 Genuine Conflict or Balancing

6.4 International Comity

6.5 Forum State Bias and Lex Fori

6.6 Antitrust V. Other Spheres

6.7 Hartford's Scope Outside Federal Questions

6.8 Affirmative or Negative Regulation

6.9 Foreign Compulsion and Dual Compliance

6.10 Jurisdictional Limits in DJA Actions?

6.11 Comity and Injunctive Relief

Chapter 7. Regulating Code

7.1 The Recognition and Enforcement of Intellectual Property Rights

7.2 Transmitting Rights and Duties Across Borders

7.3 Global Copyright Law and U.S. Antecedents to Convergence

7.3.1 U.S. Law of Fixation in a Digital Era

7.3.2 U.S. Liability For Digital Transmission

7.3.3 U.S. Limits of Liability For ISPs and Contributory Infringers

7.3.4 U.S. Law on Web Pages, Site Links, and Frames

7.3.4.1 Web Pages: Altering and Morphing

7.3.4.2 Links: Linksters and Clicksters

7.3.4.3 Framing: Conflated Linking and Morphing

7.3.4.4 Pop-Up Advertisements & Copyright

7.3.4.5 Digital Movies and Copyright

7.3.5 U.S. Law on Compilations, Collective Works, and Databases

7.3.6 Copyright Treaties

7.4 International Law of Databases

7.5 Trademarks and Domain Names

7.5.1 Trademark Law of Jurisdiction

7.5.1.1 Opinions of Courts Declining Personal Jurisdiction

7.5.1.2 Opinions of Courts Exercising Personal Jurisdiction

7.5.1.3 Concurrent Prescriptive Jurisdiction Over Trademarks

7.5.2 The Relevance of Trademark Law to Domain Names

7.5.2.1 Dilution, Tarnishment, and Blurring

7.5.2.2 Domain Name Scams and Cybersquatting

7.5.2.3 Global Domain Name Governance

7.5.2.4 US Law In International Domain Name Disputes

7.5.3 Trademark Treaties

Chapter 8. Regulating Content

8.1 Privacy

8.2 Censorship

8.3 The Carriage of Unlawful or Offensive Material

8.3.1 The Regulators and Standards of Review

8.3.2 Internet Service Providers' Indirect Liability and Immunity

8.4 Hate Speech

Chapter 9. Regulating Conduit

9.1 Extraterritoriality of the Communications Act of 1934, as amended

9.2 FCC: Prescriptive Jurisdiction

9.3 Call-Back Docket

9.4 Cross-Ownership & Video Dial Tone

9.5 Satellite Ownership and Regulation

9.6 Peering Arrangements

Chapter 10. Regulating Commerce

10.1 Minimum Contacts and Purposeful Availment

10.2 Safeguards against Universal Jurisdiction and Vulnerability

10.2.1 Forum Selection Clauses

10.2.2 Choice of Law Clauses

10.2.3 Other Approaches

10.3 Transactions

10.3.1 Signatures, Authentication, and Confidentiality

10.3.2 Licensing Agreements

10.3.2.1 Shrinkwrapped Licenses

10.3.2.2 Shrinkwrapped Arbitration Clauses

10.3.3 Breach, Remedies, and Enforcement

10.4 Trade, Payments, and Commercial Security

10.4.1 Payment

10.4.2 Taxes and Gambling

10.4.2.1 The Revenue/Penal Rule

10.4.2.2 Exceptions to Requiring Recognition of Foreign Law: IMF Mandates

Chapter 11. Measures that Minimize Mutual Mistrust

11.1 Goals of Harmonization

11.2 The WTO's Perspective

11.3 Juridical Tools

11.4 Proposing Judicial References

11.5 U.S. Law

Chapter 12. Conclusion

APPENDICES

A United Nations And World Trade Organization Documents

1 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)

2 United Nations Convention on Contracts for the International Sale of Goods (11 April 1980)

3 Agreement Establishing the World Trade Organization (WTO)

4 Selected Provisions of the General Agreement on Tariffs and Trade (1947), as amended through 1966

5 WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (WTO/Annex 2)

6 General Agreement on Trade in Services (GATT 1994)

7 Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services

8 Decision on Negotiations on Basic Telecommunications (WTO/GATT 1994)

9 Ministerial Declaration on Trade in Information Technology Products (Singapore, 13 December 1996)

10 (UNCITRAL) Model Law on International Commercial Arbitration (1985)

B Multilateral Intellectual Property Documents

11 Paris Convention for the Protection of Industrial Property of March 20, 1883, as Revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967

12 Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914, and revised at Rome on June 2, 1928, at Brussels on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971; and amended on October 2, 1979

13 Berne Convention for the Protection of Literary and Artistic Works - Protocol Regarding Developing Countries

14 Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods

15 World Intellectual Property Organization: Copyright Treaty Adopted in Geneva, December 20, 1996

16 World Intellectual Property Organization: Performances and Phonograms Treaty, Adopted by the Diplomatic Conference on December 20, 1996

17 Trademark Law Treaty (Adopted at Geneva on October 27, 1994)

18 World Intellectual Property Organization: Arbitration Rules

19 Establishment of a Memorandum of Understanding on the Generic Top Level Domain Name Space of the Internet Domain Name System (gTLD-MoU)- February 28, 1997

C European Union Documents

20 Selected Provisions of the Treaty Establishing the European Community (Rome, 25 March, 1957), as Amended by Subsequent Treaties including the Maastricht Treaty, and Accession of Sweden, Finland and Austria

21 EC Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters Brussels 1968 (Full Faith and Credit Convention)

22 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data

23 Directive 96/9/EC of the European Parliament and the Council of 11 March 1996 on the legal protection of databases

24 Directive 89/552/EC of the Council of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

25 Council Directive 91/250/EC of 14 May 1991 on the legal protection of computer programs

26 Directive 93/83/EC of the Council of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission

D. NAFTA

27 Selected Provisions of Chapters 17, 19, and 20 of NAFTA

E. Federal Republic of Germany

28 The Federal Law to Regulate the Conditions for Information and Communications Services (IuKDG) (German "Multimedia Law") Final Version, June 29, 1997 [English Translation - Unofficial]

F Japan

29 Copyright Law of Japan, 31 March 1998 [English Translation -Unofficial]

29A Protecting Copyrightable Works in Japan in the Digital Age

G United States Documents

30 U.S. White Paper on the Global Information Infrastructure

31 Selected Provisions of the Communications Act of 1934, as amended by the Telecommunications Act of 1996

32 Title XIV-Child Online Protection Act (Conference Report on H.R. 4328, Making Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 1999)

33 S.1482-a Bill to amend Section 223 of the Communications Act of 1934 to establish a prohibition on commercial distribution on the World Wide Web of material that is harmful to minors, and for other purposes

34 Selected Provisions of August 1, 1998, Draft "Uniform Commercial Code Article 2B - Licenses" Issued by the National Conference of Commissioners on Uniform State Laws and the American Law Institute

35 Management of Internet Names And Addresses, United States Department of Commerce

36 Network Solutions' Domain Name Dispute Policy (Rev. 03) FAQ - Dated: September 23, 1998

36a Uniform Domain Name Dispute Resolution Policy

36b Rules for Uniform Domain Name Dispute Resolution Policy

37 Network Solutions' Domain Name Dispute Policy Revision 03 Effective February 25, 1998

38 Selected Provisions of the U.S. Copyright Act, 17 U.S.C. 101, et seq.

39 Selected Provisions of the U.SA. Copyright Act on Sound Recordings, Amendments, and Related Excerpts of the House Report on the DMCA

40 Digital Millennium Copyright Act of 1998.

41 International Intellectual Property, Conflict of Laws, and Internet Remedies

42 Sample Complaint

43 Sample Response

Index

Release 4 (2003)