IP: Minnesota and Internet Commerce

[Dave Farber <farber () cis upenn edu>]

From: TAtmore <TAtmore () aol com>




Dave:


This may be of interest to IPers.  I haven't seen a lot about it in the
national press.  The decision could have a broad impact on I-commerce.  At
least in MN.  Companies could be subject to taxation, regulation, etc.


The Minnesota Supreme Court recently refused to hear an appeal of a Minnesota
Court of Appeals case that held as follows:


"Appellants, having advertised on the Internet a forthcoming on-line gambling
service and having developed from the Internet a mailing list that includes
one or more Minnesota residents, are subject to personal jurisdiction in
Minnesota because they purposefully availed themselves of the privilege of
conducting commercial activities in this state to an extent that maintenance
of an action here does not offend traditional notions of fair play and
substantial justice."


I expect there will be an appeal to the US Supreme Court as the case deals
with the 5th Amend. due process rights of the defendant.