One of the things not commented on in the ruling in this case
where the California Supreme Court ruled that Matt Pavlovich can’t be
sued in California state court for posting DVD decryption software
(though he can probably be sued elsewhere). Apparently, the key issue
was whether Pavlovich’s knowledge that his action would affect
California companies was by itself enough to give California courts
jurisdiction. The Court ruled that it was not.
My response when I first heard of this case was: California
companies? Who, the movie studios? Not the way I see it. They may have
major offices there, but the main offices of the companies like Viacom,
AOL Time Warner, and Sony are in New York City. And the companies
themselves are incorporated in Delaware, if not subsidiaries of
overseas corporations.
This struck me as jurisdictional shopping to take advantage of a law in
one place that gives you an advantage. Think (among other cases)
Hillary in New York and Liddy Dole in North Carolina, Mitt Romney in
Massachusetts, or Dick Cheney in Wyoming (he couldn’t come from Texas,
because then he couldn’t be Dubya’s veep.) I’m sure there’s a nuanced
argument to be made why this ain’t so– but I don’t think I buy it.