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RE: Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email
From: "Myers, Marvin" <MRMyers () anteon com>
Date: Wed, 5 Jan 2005 06:27:24 -0500
One of the core issues here is or should be whether or not the defendant specifically targeted the residents of the state where the plaintiff is trying to claim jurisdiction. There are many websites out there that may be advertising products and or services that may be illegal for sale or use in my state, but unless they are specifically targeting residents of my state or forcing their websites upon the people of my state, then it should be the jurisdiction of the state where the entity claims residence that has ultimate jurisdiction. In the case of the Yahoo E-mail issue, I believe that the e-mails should belong to the estate of the dead soldier, just as any other article that was originally intentioned to belong to him now belongs to his estate after his death. It would be a sad situation where all of a person's belongings were deemed to belong to the person who had possession of the goods at the time of death of an individual. Yahoo should turn the e-mails over to the soldier's e-state and allow the executor of the e-state to determine the ownership of the e-mails during the course of probate. Just my opinion, to which I am entitled. Marvin R. Myers CISSP -----Original Message----- From: full-disclosure-bounces () lists netsys com [mailto:full-disclosure-bounces () lists netsys com] On Behalf Of Steve Kudlak Sent: Tuesday, January 04, 2005 6:24 PM To: fulldis Subject: [Full-disclosure] Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email Here is an example of a court ruling that involves legal issues and the Internet, where there was a "real world" way thing have been done with real world things and a representation that since the Internet was global it meant that one was "targeting people in Maryland" . It also relates to the convoluted depths some legal things can become. It is long but it gets some idea of how courts work in matters like these. It likes at: http://www.mdd.uscourts.gov/Opinions152/Opinions/shamsuddin11302004.pdf Have Fun, Sends Steve . _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html
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- RE: Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email Myers, Marvin (Jan 05)