Pavlovich
Pavlovich v. Superior Court
Opinion
Lead Opinion
Brown, J.
“The Internet is an international network of interconnected computers” which “enable [s] tens of millions of people to communicate with one another and to access vast amounts of information from around the world.” (Reno v. American Civil Liberties Union (1997) 521 U.S. 844, 849-850 [ 117 S.Ct. 2329, 2334 , 138 L.Ed.2d 874 ].) “The best known category of communication over the Internet is the World Wide Web, which allows users to search for and retrieve information stored in remote computers, as well as, in some cases, to communicate back to designated sites. In concrete terms, the Web consists of a vast number of documents stored in different computers all over the world.” (Id. at p. 852 [ 117 S.Ct. at p. 2335 ].) On the Web, “documents, commonly known as Web ‘pages,’ are . . . prevalent.” (Ibid.) These pages are located at Web sites and have addresses marking their location on the Web. (See ibid.) If a Web page is freely accessible, then anyone with access to a computer connected to the Internet may view that page. With its explosive growth over the past two decades, the Internet has become “ ‘a unique and wholly new medium of worldwide human communication.’ ” (Id. at p.…
Dissenting Opinion
Baxter, J.
I respectfully dissent. That this case involves a powerful new medium of electronic communication, usable for good or ill, should not blind us to the essential facts and principles. The record indicates that, by intentionally posting an unlicensed decryption code for the Content Scrambling System (CSS) on their Internet Web sites, defendant and his network of “open source” associates sought to undermine and defeat the very purposes of the licensed CSS encryption technology, i.e., copyright protection for movies recorded on digital versatile discs (DVD’s) and limitation of playback to operating systems licensed to unscramble the encryption code. The intended targets of this effort were not individual persons or businesses, but entire industries. Defendant knew at least two of the intended targets—the movie industry and the computer industry involved in producing the licensed playback systems—either were centered in California or maintained a particularly substantial presence here. Thus, the record amply supports the trial court’s conclusion, for purposes of specific personal jurisdiction, that defendant’s intentional act, even if committed outside California, was “expressly aimed”…
Opinion
Weil, Gotshal & Manges, Jared Ben Bobrow, Christopher J. Cox, Robert G. Sugarman, Jeffrey L. Kessler, Geoffrey D. Berman, and Gregory S. Coleman for Real Party in Interest.
"The Internet is an international network of interconnected computers" which "enable[s] tens of millions of people to communicate with one another and to access vast amounts of information from around the world." ( Reno v. American Civil Liberties Union (1997) 521 U.S. 844, 849-850 , 117 S.Ct. 2329 , 138 L.Ed.2d 874 .) "The best known category of communication over the Internet is the World Wide Web, which allows users to search for and retrieve information stored in remote computers, as well as, in some cases, to communicate back to designated sites. In concrete terms, the Web consists of a vast number of documents stored in different computers all over the world." ( Id. at p. 852, 117 S.Ct. 2329 .) On the Web, "documents, commonly known as Web `pages,' are ... prevalent." ( Ibid. ) These pages are located at Web sites and have addresses marking their location on the Web. (See ibid. ) If a Web page is freely accessible, then anyone with access to a computer connected to the Internet may view that…