Tuesday, October 2, 2007

Minimum Contacts in A Virtual World

This article was orignally printed in Minnesota Bench & Bar (February 1998)

Each month thousands of American businesses create new Internet sites in order to market and distribute products and services nationally or internationally. The ease of using the Internet for global marketing has struck down many of the previous financial and legal hurdles that companies were required to clear. Consequently, many businesses are rushing forward without considering the possibilities that they may be subjected to the jurisdiction of distant states or nations, and courts increasingly are finding that web pages create the minimum contacts necessary to exercise personal jurisdiction over distant defendants. Thus, the challenge for attorneys is to help businesses use this vibrant medium without being subjected to the jurisdiction of foreign states and countries.

The rest of this article can be found at kunklelaw.net

Tuesday, September 4, 2007

New Dance Group sued over Choreography.

I ran across this interesting article today regarding a dispute over ownership of choreographed dances. (see Control of Dances Is at Issue in Lawsuit). The article lays out some of the challenges both in evaluating the works as protectable expression and in determining ownership.

Friday, April 13, 2007

Gimmie my Godly Powers Back

Recent entertainment related case filed in Minnesota. It just goes to show that even the strangest cases has to be defended.
____________________________________________
Civil Action No. 05-446 JRT/FLN

Christopher Roller(Plantiff)
vs.
David Copperfield's
Disappearing Inc.(Defendant)

David Copperfield has been using my godly powers to perform his
magic. This is a labor dispute in accordance with Minn
Statute 179.06
for past/future commission compensation.

http://www.mytrumanshow.com/ explains my life and
my journey to godliness. I believe David Copperfield has been using my
godly powers to perform his magic.
We've all seen clips of UFO videos.
They dance around in the sky at the speed of thought. So we know that
godly powers can coexist on planet Earth. Godly powers means using thought
to control actions/results, usually defying explanation and laws of
physics. I believe magicians have also been granted godly powers by me
somehow, but they have been keeping it a secret and keeping the credits from
me.

If David has godly powers, then he must be using my powers. That,
or I need detailed explanation (in person) of how he does his tricks,
performed/explained in the courtroom (complete confidentiality), and I will
leave him alone if I'm wrong - i.e. tricks/illusions are done
conventionally. I've politely asked David, via email, to show me how his
tricks are done, with no response.

If godly, I want back-pay compensation - 10% past/future career
earnings. Estimating 10% of past career earnings of over
$50,000,000.

Thursday, April 12, 2007

The Human Side of the Deal

It was recently speculated that the settlement of a $60 million dollar royalty lawsuit against EMI by the Apple Corp. was partially driven by a desire of Paul McCartney to begin having Beatles music available for downloads, which in turn was also a factor in the exit of Beatle's executive Neil Aspinall who, according to reports, had largely opposed allowing the Beatles catalog to go online. [See]

This just goes to show that business may be business, but it also has a very human aspect. Business decisions are made by people, who make decisions for business purposes -- but in the end, decisions are often driven by factors outside the business. In this case the divorce and lack of antenuptual agreements by Paul McCartney may, as is speculated, been a factor the ouster of a top executive, driving the settlement of a multimillion dollar lawsuit, and a future milestone in digital distribution.

Tuesday, April 10, 2007

Fart Dolls and Opinions

While you would think the first posting of a new blog would take the high road and post on something impressive in order to flex a little muscle, I can't resist making this the first post.

In what is one of the more amusing topics for a case that I've seen lately, the U.S. 7th Circuit Court of Appeals recently issued an opinion in a copyright case involving "fart Dolls." The dolls name you ask? - "Pull my Finger Fred." An interesting opinion, however I suspect the judge enjoyed the opportunity to be a little juvenile - I mean how often is he going to have the opportunity to use some version of the word "fart" over 40 times in a single opinion, or my favorite "silent but deadly." Let's face it, this is a rare opportunity for you as a judge and I'm frankly a little disappointed he didn't take it further. As an attorneythe thing I find fascinating is that not only are hundreds of thousands of these dolls being sold, the attorneys were at one point awarded over 500k in fees!!!

http://caselaw.lp.findlaw.com/data2/circs/7th/052498p.pdf