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Robert Friedman: Jurisdiction.
Cloud Computing Conference - Cloud Slam 2009.
Abstract. There are legal requirements that are unique to internet businesses and developers situated anywhere in the world. This discussion will highlight the little known facts that can entrap an otherwise successful internet business, especially with respect to theft or misappropriation of complex computer code. Even offshore internet businesses, social networking, and sharing platforms can be held accountable under a variety of US federal and state laws concerning gambling. For example, New York's "long-arm statute" can be used against an internet business that may have even very limited contacts in that jurisdiction. Courts interpret communications and transactions to be sufficient using very little cause; and so a defendant company cannot even move for dismissal on a lack of personal jurisdiction in any number of courts throughout the US. Claims may be made to:
• Software developers
• Internet gaming (both gambling and games) website businesses not based in the US
• Third-party Internet marketers for traditional products and services
• Traditional products and services companies that operate "bricks-and-mortar" business but that have websites (e.g., moving companies)
• Professional services (legal, accounting, consulting) that conduct electronic communications with clients.
Video of the session:
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