 | INTERNET LAW - Freedom to Provide Services in the European Community |
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| | Martha L. Arias, IBLS Director
Wednesday, March 18, 2009
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| | Article 49 of the treaty establishing the European Community (TEC), guarantees the freedom to provide services; yet, the wording of article 49 caused confusion as to whether it applied exclusively at a domestic level, or whether this freedom was extended to a trans-border context. Additional, confusion arose as to the subjects of this freedom -whether it only extended to European nationals or whether it covered foreign nationals rending services in the European territory. The European Court of Justice (ECJ) has clarified these issues in several cases that required interpretation of article 49 of the TEC. [More...] |
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| INTERNET LAW - Law and Jurisdiction for International Litigation in Germany |
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| | IBLS Editorial Department
Thursday, February 19, 2009
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| | Although international law and litigation is long-established conceptually, its practice gained relevance with the use of the Internet. Transactions and interaction among e-businesses and people across boundaries have become frequent activities that generate litigation in foreign forums. For this reason, understanding domestic laws on international litigation is becoming an increasingly popular topic. Civil law systems, rather than common law systems, may offer more standardized rules on litigation involving international transactions and parties. In civil law systems, civil procedure codes are the legal source containing procedural rules for multinational party litigation. This article informs on Germany's rules on international litigation.
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| INTERNET LAW - Electronic Contracts and Jurisdiction under State Long-Arm Statutes |
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| | Martha L. Arias, IBLS Director
Wednesday, August 06, 2008
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| | United State (US) Federal Courts undertake international and interstate party cases (diversity cases) such as those related to e-commerce. Whether federal courts have personal jurisdiction over a particular defendant is determined by the law of the forum state. States' jurisdictional and long-arm statutes include several rules to determine personal jurisdiction, i.e., defendant's physical presence or defendant's systematic and continue business in the forum state are ordinary rules to assert personal jurisdiction over a particular defendant. Given the thriving of e-commerce activities and electronic transactions nowadays, a common question is whether electronic contracts are sufficient to assert personal jurisdiction under state long-arm statutes.
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| INTERNET LAW - Amazon Sues New York State Over Internet Sales Tax Law |
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| | Kelly O'Connell, IBLS Editor
Monday, July 21, 2008
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| | Massive web retailer Amazon.com, best known for selling books and CD's online, is suing New York State regarding a new law that demands certain online retailers collect taxes from NY customers and then deliver the tax money to the state revenue branch. In the suit, Amazon claims the law is unconstitutional, as against the Commerce Clause and Due Process. Amazon named New York's taxation and finance commissioner, Robert Megna, and New York Governor David Paterson as defendants. The Department of Taxation and Finance has 20 to 30 days to respond.
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| INTERNET LAW - NY Libel Terrorism Protection Act 2008 |
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| | Kelly O'Connell, IBLS Editor
Thursday, May 15, 2008
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| | A new law has been enacted by the New York Congress and signed into law by Governor Paterson designed to protect American journalists and authors from foreign lawsuits that disregard First Amendment rights. New York State enacted the "Libel Terrorism Protection Act" (S.6687/A.9652), on March 31, passed by the state's Assembly and Senate unanimously. Upon signing the Bill, Governor Paterson said, "New Yorkers must be able to speak out on issues of public concern without living in fear that they will be sued outside the United States, under legal standards inconsistent with our First Amendment rights. This legislation will help ensure of the freedoms enjoyed by New York authors." The new law has important implications for Internet publications and the laws of Defamation. The bill was sponsored by Assemblyman Rory Lancman (D-Queens) and Senate Deputy Majority Leader Dean G. Skelos (R-Rockville Centre). [More...] |
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| INTERNET LAW - Blog Aggregators: a New Dimension for your Blogs |
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| | Martha L. Arias, IBLS Director
Monday, September 10, 2007
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| | My nine-year old son says the 'Internet is fun;' teenagers say ‘Internet is cool;" adults say ‘Internet is essential.’ It is precisely its multifaceted trait and dynamism what makes the Internet fun, cool, and essential no matter the user’s age or purpose. Internet innovation for all ages does not stop. As blogging becomes a common practice in our society and our interest for blogs increase, new business models are emerging. Blog aggregators are just an example of a recent Internet tool and business model for all ages and profiles.
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| INTERNET LAW - Another Internet Firm is Coerced into Changing its Website |
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| | Editor, Maricelle Ruiz, IBLS Director – Europe, the Middle East and Africa
Monday, March 26, 2007
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| | The video-sharing company YouTube has been the latest Internet firm forced to modify its site to comply with laws in a particular country. Earlier this month, an Istanbul (Turkey) court ordered local Internet Service Providers to block access to YouTube. The Court adopted the decision after videos deemed insulting to Mustafa Kemal Ataturk, the nation’s founder, were uploaded into the site. The court maintained the ruling until YouTube removed said videos. Insulting Ataturk is punishable by imprisonment in Turkey. [More...] |
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| INTERNET LAW - California Courts could Assert Jurisdiction over interactive Websites Based on the Level of Interactivity of such Website and on the Nature of Information |
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| | IBLS Editorial Staff
Monday, March 12, 2007
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| | The California Supreme Court affirmed the judgment of Court of Appeal and held that California courts could assert jurisdiction over interactive Web sites based on a determination of the level of interactivity of such Web site and on the nature of information exchanged via such Web site. The use of a website may be enough to qualify for jurisdiction under the applicable state statutes, which may not necessarily be the case in other states.
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| INTERNET LAW - Main Sources of Turkish Legal System |
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| | IBLS Contributor: Cetin Emec Bulvari, Just & Fair Law Office, Turkey, info@justandfair.com
Wednesday, December 27, 2006
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| | The law of Turkey is predominantly written law in the form of constitution, statutes, decrees having force of statutes (Kanun Hukmunde Kararname), decrees (Tuzuk)and regulations (yonetmelik). Other sources are customary and case law. Precedents plays a small part in legal practice.
Precedent decisions play a small part in legal practice. In some cases it appears meaningless to begin proceedings if higher courts have consistently dismissed similar cases. However, no judge is bound by any superior court's ruling on a similar case, with the exception of Ictihadi Birlestirme Karari.
Ictihadi Birlestirme Karari is a decision of the general Board of the Supreme Court of Appeals made to reconcile conflicting opinions on the same issue previously made by the same panel or other panels of the Supreme Court of Appeals.
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| INTERNET LAW - Legal Committee Members Stress Need to Upgrade Commercial Laws for Cross-boarder Transactions |
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| | United Nations Information Service- Unis- Vienna
Thursday, May 04, 2006
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| INTERNET LAW - EU Customs Agreement with China |
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| | Taken from the European Union Official Portal
Thursday, May 04, 2006
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| INTERNET LAW - The role of customs in the integrated management of external borders |
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| | Taken from the European Union Official Portal
Thursday, May 04, 2006
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| INTERNET LAW - Adoption of a Directive on Cross-Border Mergers in the European Union |
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| | Council of the European Union
Thursday, May 04, 2006
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| INTERNET LAW - The Use of Authentication Across Border in OECD Countries |
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| | Organization for Economic Co-operation and Development- OECD
Thursday, May 04, 2006
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| INTERNET LAW - Global Internet Statistics by Language |
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| | Global Reach
Thursday, May 04, 2006
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