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Dorsey eUpdate: The Appropriate Forum and Applicable Law in Claims Against ISPs in the EU
Information posted on the internet is available for viewing anywhere in the world. Technically speaking, once posted on a website, the information is also copied, cached and saved on dozens of servers and end-user terminals in any number of territories. Content on the internet can therefore cause harm – and give rise to legal claims – in many different territories. Ever since the internet became a ubiquitous form of media, courts had to address questions of jurisdiction and conflict of law in relation to claims concerning content published online.
In Europe, questions of jurisdiction are governed by European legislation (Regulation (EC) 44/2001) known today as the Brussels Regulation, a descendant of the Brussels Convention of 1969.
Various issues relating specifically to the operation of online services are governed by another piece of EU legislation, the E-Commerce Directive (2000/31/EC).
Ron Moscona
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Dorsey & Whitney – An International business law firm, applying a business perspective to clients’ needs in Missoula, Montana and beyond. http://www.matr.net/click.php?id=&url=http%3A%2F%2Fwww.dorsey.com%2Flocations%2FOffice.aspx%3Foffice%3D22
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Dorsey & Whitney - An International business law firm, applying a business perspective to clients' needs in Missoula, Montana and beyond.