Chief Judge, Vaughn R. Walker, of the United States District Court for the Northern District of California dismissed a lawsuit that the Electronic Frontier Foundation (EFF) filed against Uri Geller.
Baltimore, Maryland, Feb 12,2008–Chief Judge, Vaughn R. Walker, of the United States District Court for the Northern District of California dismissed a lawsuit that the Electronic Frontier Foundation (EFF) filed against Uri Geller. In his 25 page opinion, Judge Walker decided the United States District Court in San Francisco did not have jurisdiction over Geller, a British subject, or Explorologist, LTD, an English company that holds certain rights to him.
At the center of the controversy was a notification sent by a corporate employee requesting YouTube to take down a video clip posted by a Philadelphia, Pennsylvania skeptic. The takedown request stated that the posting contained a video clip (showing Geller’s personal medical doctor introducing Geller in a charity show) and photographs owned by the
corporation. Geller and Explorologist, LTD, represented by Richard Winelander, Esq. of Baltimore, Maryland, argued that there were multiple reasons to dismiss the case, including that the court lacked both personal jurisdiction over the defendants and subject matter jurisdiction over an international DMCA (Digital Millennium Copyright Act) takedown based on English law. They also argued that the statements made by the corporate employee were true.
Judge Walker did not reach the issue as to the truth of the corporate statement. However, he was clearly troubled by the thought of applying United States Copyright Law to a YouTube takedown made by a foreign corporation in a foreign land. Judge Walker also suggested that the case could be handled in Philadelphia where Explorologist, LTD filed an
earlier suit against the same skeptic, claiming that the YouTube post violated English Copyright Law. According to Winelander, both lawsuits test the outer limits of territorial jurisdiction of U.S. Courts over international copyright disputes occurring in cyberspace.
For the complete text of the opinion go to http://www.uri-geller.com/pdf/ruling.pdf
Press release distribution by PressReleasePoint (http://www.pressreleasepoint.com/).
Contact:
Richard Winelander
Winelander Law Group
1005 North Calvert Street
Baltimore, Maryland 21202
United States.
410-576-7980
[email protected]
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