Analyzing Approaches to Internet Jurisdiction Based on Model of Harbors and the High Seas

18 Pages Posted: 16 Aug 2015 Last revised: 10 Oct 2015

See all articles by William Jiménez

William Jiménez

VU University Amsterdam

Arno R. Lodder

Vrije Universiteit - Amsterdam Law and Technology Institute, alti.amsterdam

Date Written: August 13, 2015

Abstract

The inherent cross-border nature of the internet has challenged the legal system for over two decades. In this paper we introduce a model in which the internet is approached as if it were the high seas, the harbor of origin, the harbor of destination, or a combination of these. This model is used to rephrase existing case law related to internet jurisdiction from an international law perspective, the US and the EU (in particular Germany and the Netherlands). The model helps to illuminate the positions taken by the parties and the judge, and to indicate possible alternative interpretations. In some cases a high seas approach would have made sense (Yahoo!), or more recently the Vacation Rental by Owner case about trademarks where registration in one country was deemed to have an effect everywhere a person had the trademark on his or her computer screen. In H&M v G-star the Dutch Supreme Court even established jurisdiction based on an infringing product that was not available in the city of the court but was to become available on the internet some time in the future. We do not take a position in this paper on what perspective, based on our model, is best, but make clear how to identify the possible arguments.

Keywords: jurisdiction, internet governance, copyright, defamation, internet jurisdiction, sovereignty, trade mark

Suggested Citation

Jiménez, William and Lodder, Arno R., Analyzing Approaches to Internet Jurisdiction Based on Model of Harbors and the High Seas (August 13, 2015). International Review of Law, Computers & Technology, Vol. 29, No. 2/3, July 2015, p. 266-282, Available at SSRN: https://ssrn.com/abstract=2643686

William Jiménez

VU University Amsterdam ( email )

De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands

Arno R. Lodder (Contact Author)

Vrije Universiteit - Amsterdam Law and Technology Institute, alti.amsterdam ( email )

De Boelelaan 1105
Amsterdam, 1081HV
Netherlands

HOME PAGE: http://alti.amsterdam

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