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Pavlovich v. Superior Court
Citations: 58 P.3d 2; 127 Cal. Rptr. 2d 329; 29 Cal. 4th 262; 2002 Cal. Daily Op. Serv. 11383; 65 U.S.P.Q. 2d (BNA) 1422; 2002 Daily Journal DAR 13223; 2002 Cal. LEXIS 7959Docket: S100809
Court: California Supreme Court; November 25, 2002; California; State Supreme Court
The Supreme Court of California case, Pavlovich v. Superior Court of Santa Clara County, addresses the issue of personal jurisdiction in relation to internet communications. The court examines whether a California court could exercise personal jurisdiction over Matthew Pavlovich, a Texas resident, based on his activities involving a posting on an internet website. The court concludes that such jurisdiction was improperly exercised due to Pavlovich’s lack of substantial connections to California; he has never resided or worked in the state, nor has he maintained a business presence or property there. The background includes a description of the Internet as a global communication network and highlights the rise of legal challenges associated with its use, particularly concerning jurisdictional matters. Additionally, the case involves the DVD Copy Control Association, Inc. (DVD CCA), a nonprofit established to manage licensing for Content Scrambling System (CSS) technology, which protects copyrighted motion pictures on DVDs. The DVD CCA, based in California, was founded to control CSS licensing following the technology’s development for DVD protection. Pavlovich and his company have not solicited business or established contacts in California. He was the founder of the LiVid project, which hosted a website that provided information and links related to video and DVD support for Linux, without engaging in business transactions or interactive exchanges. The project's goal was to defeat CSS technology to allow decryption and copying of DVDs, leading to the posting of the DeCSS source code on the website in October 1999. Pavlovich was aware that DeCSS was derived from CSS algorithms and suspected that reverse engineering might be illegal, having heard of a licensing requirement for CSS technology, although he did not know the specific organization involved until after legal action was initiated. DVD CCA accused Pavlovich of misappropriating trade secrets by posting DeCSS, seeking injunctive relief but no monetary damages. In response, Pavlovich moved to quash service of process on the grounds of lack of jurisdiction. DVD CCA argued that jurisdiction was appropriate since his actions could negatively impact significant California industries. The trial court denied Pavlovich's motion, referencing Calder v. Jones and Panavision Intern. L.P. v. Toeppen, leading to his petition for a writ of mandate, which was initially denied by the Court of Appeal but later resulted in a published opinion affirming the trial court's decision based on the Calder effects test. The court concluded that Pavlovich's actions demonstrated purposeful availment of California's jurisdiction, given his knowledge of the potential harm to California industries. However, the review determined that the trial court had not properly exercised jurisdiction over Pavlovich based solely on the posting of DeCSS. California courts can assert personal jurisdiction if a nonresident has sufficient minimum contacts with the state, which should align with traditional notions of fair play and substantial justice. The minimum contacts test evaluates whether the defendant's activities are sufficient to justify requiring them to defend a lawsuit in a specific state, emphasizing the "quality and nature" of those activities as reasonable and fair. This test, derived from cases like Kulko v. California Superior Court and International Shoe, does not have a standardized application; each case's facts must be assessed for the presence of "affiliating circumstances." Courts recognize two types of personal jurisdiction: general and specific, with the latter applicable here since DVD CCA does not assert general jurisdiction. Specific jurisdiction requires examining the relationship between the defendant, the forum, and the litigation, based on precedent from Helicopteros Nacionales de Colombia v. Hall and Shaffer v. Heitner. Three conditions must be met for specific jurisdiction: the defendant must have purposefully availed themselves of the forum's benefits; the controversy must arise from the defendant's contacts with the forum; and asserting jurisdiction must align with "fair play and substantial justice." The purposeful availment inquiry focuses on intentional actions directed towards the forum, ensuring that defendants cannot be subjected to jurisdiction based on random or fortuitous contacts. In defamation cases, the "effects test" may apply, as illustrated in Calder v. Jones, where defendants were found to have sufficient contacts with California through the publication of a libelous article about a California resident. The United States Supreme Court affirmed California's jurisdiction over individual defendants due to the effects of their Florida conduct within California. The court emphasized that California was central to both the narrative and the harm experienced, as the allegedly libelous article pertained to a California resident's activities and significantly impacted her emotional well-being and professional reputation in California. The defendants were aware that their actions would likely have severe consequences for the plaintiff in her home state, where the National Enquirer had its largest circulation. While the Calder case involved a libel claim, its effects test has been applied variably to other intentional torts, including business torts, with courts exhibiting a mix of broad and narrow interpretations. Consensus among several circuits, including the First, Fourth, Fifth, Eighth, Ninth, and Tenth, indicates that establishing jurisdiction under Calder requires more than merely demonstrating that the harm was felt in the forum state. Specifically, the Third Circuit mandates proof that the defendant knew the plaintiff would suffer significant harm in the forum and that their tortious conduct was expressly aimed at that forum. Similarly, the Ninth Circuit requires evidence of intentional acts targeting the forum state. Despite the general agreement on these principles, there are exceptions, such as in Janmark, Inc. v. Reidy, where the Seventh Circuit allowed jurisdiction based solely on the tort occurring in Illinois, despite the defendants lacking other contacts with the state. The Seventh Circuit's conclusion that a state can always exercise jurisdiction over a nonresident defendant for intentional torts is not persuasive, as it overlooks the importance of the defendant's knowledge and intent, which is central to the purposeful availment requirement. Simply being aware that harmful acts could occur in a state does not suffice for establishing personal jurisdiction; due process requires that a defendant's conduct and ties to the forum state allow for a reasonable anticipation of being brought to court there. The court declines to adopt the Janmark precedent and aligns with jurisdictions that necessitate proof of intentional targeting. In assessing whether Pavlovich's actions meet the effects test for personal jurisdiction in California, the plaintiff bears the initial burden to justify jurisdiction, after which the defendant must demonstrate unreasonableness. The court will uphold a trial court's factual determinations if supported by substantial evidence, but will independently review jurisdictional questions where no evidence conflict exists. In this case, Pavlovich's only connection to California was the posting of the DeCSS source code on a website accessible globally. He had no employment, property, or business operations in California, nor did LiVid engage in any activities targeting the state. Most courts have adopted a sliding scale for personal jurisdiction based on internet use, distinguishing between active business transactions online and mere information posting. LiVid's website fell into the passive category, lacking interactivity and evidence of targeting California, thus failing to establish personal jurisdiction over Pavlovich. Pavlovich's posting of the DeCSS source code on a passive website does not establish jurisdiction in California, as there is no evidence of California residents downloading the code. DVD CCA argues that Pavlovich's knowledge of potential harm to California’s licensing entity and related industries constitutes purposeful availment under the Calder effects test. However, this argument is flawed because Pavlovich was unaware that DVD CCA held the licensing rights to the CSS technology or that its primary business was in California at the time of posting the code in October 1999. DVD CCA began licensing the technology only in December 1999, after the code was posted. Consequently, Pavlovich could not have known his actions would harm DVD CCA in California, negating the claim of express aiming at the state. Furthermore, although Pavlovich was aware that DeCSS could facilitate illegal pirating of copyrighted materials, this alone does not meet the express aiming requirement, as DVD CCA's claims do not focus on piracy. Jurisdiction cannot be conferred merely because a defendant's actions inadvertently harm a California resident or industry; there must be a direct, purposeful connection to the forum state. Thus, Pavlovich's mere awareness of potential misuse of DeCSS does not demonstrate purposeful availment, as seen in the precedent set by Asahi Metal Industry Co. v. Superior Court, which states that awareness of third-party actions does not equate to purposeful direction toward the forum state. Pavlovich's knowledge regarding the impact of his tortious actions on the California consumer electronics and computer industries does not provide a sufficient basis for jurisdiction. DVD CCA argued that Pavlovich was aware that posting DeCSS would harm licensees in California, but evidence shows he did not know any specific licensee resided there. The argument hinges on the assumption that jurisdiction exists merely because Pavlovich’s conduct could foreseeably affect California industries. However, foreseeability alone is inadequate for establishing jurisdiction; otherwise, any intentional tort affecting California industries could subject defendants to its jurisdiction. Previous cases establishing jurisdiction required evidence of purposeful availment beyond mere knowledge of industry-wide effects. DVD CCA's position suggests jurisdiction should arise from a defendant's presumed knowledge of potential harm to industries associated with a plaintiff, rather than direct harm to a California plaintiff. Such an interpretation would undermine the purposeful availment requirement and could lead to an influx of cases against out-of-state defendants based solely on the potential impact of their actions on California's industries, regardless of the plaintiffs' residency. Therefore, the court declines to exercise jurisdiction based on the circumstances presented. The decision emphasizes that a defendant's awareness that their tortious actions may impact California industries is relevant for personal jurisdiction but insufficient on its own to demonstrate "express aiming" at the state, as required by the effects test. The only evidence indicating express aiming is the defendant's knowledge of potential harm to California-based industries, leading to the conclusion that due process does not permit asserting jurisdiction over the defendant. The plaintiff, DVD CCA, has alternative forums available, such as Indiana or Texas, to pursue claims against the defendant, Pavlovich, thus the court's ruling does not limit their options. The judgment of the Court of Appeal is reversed and the case is remanded for further proceedings. In dissent, Justice Baxter argues that the defendant intentionally undermined copyright protection by posting an unlicensed decryption code online, targeting entire industries, particularly the movie and computer industries, which are significantly present in California. Baxter contends that the defendant's actions, even if conducted from outside California, were expressly aimed at the state, justifying specific personal jurisdiction. Baxter asserts that the defendant's intent to harm industries known to be based in California establishes sufficient "minimum contacts" for jurisdiction, and argues that California has a strong interest in adjudicating the matter without imposing an unfair burden on the defendant. The action seeks injunctions against numerous individuals across various locations who allegedly collaborated with the defendant to infringe DVD encryption. The plaintiff's and the interstate judicial system's interests favor a single lawsuit in one forum rather than multiple suits in different jurisdictions, provided the defendants' due process rights are upheld. The DVD Copy Control Association, Inc. (DVD CCA), a nonprofit overseeing CSS licensing, filed suit against Matthew Pavlovich, 20 other individuals, and 500 unnamed defendants for misappropriating trade secrets. The complaint claims that Jon Johansen posted the DeCSS program, which defeats CSS encryption, online in October 1999 after improperly reverse engineering CSS. This information spread to numerous websites in multiple states and countries. The defendants are accused of knowing that DeCSS was derived from proprietary information and was intended to infringe on copyrighted movies, causing significant harm to the motion picture industry and delaying new technology. The Motion Picture Association issued cease-and-desist notices to 66 websites, including Pavlovich's, but he and others refused to comply. The complaint seeks a declaratory judgment on the misappropriation of the CSS trade secret and requests an injunction against distributing, copying, or selling any products related to CSS or derived from it. Pavlovich has moved to quash the summons, claiming California courts lack personal jurisdiction over him. The motion and opposition from DVD CCA included extensive documentary evidence, notably excerpts from Pavlovich's depositions. Key facts established, either undisputed or reasonably inferred, support the trial court's jurisdiction order. Pavlovich serves as president of a technology consulting startup based in Texas, with no business or personal connections to California. While studying computer engineering in Indiana, he founded the LiVid video project, which maintained a website posting the DeCSS source code. This project aimed to enhance video and DVD support for the Linux operating system and sought to develop an open-source DVD player for Linux systems. Pavlovich has testified as an expert in related DeCSS litigation, emphasizing his involvement in Linux DVD technology. He was aware of a licensing entity for CSS technology and noted discussions within the LiVid project about the necessity of obtaining a license to avoid legal issues. Despite a warning from a CSS licensee about the risks of disclosing licensed technology, the project chose not to seek a license, believing it would restrict their open-source development approach. Pavlovich acknowledged that DeCSS was reverse-engineered from a CSS-equipped DVD player and expressed awareness of the legal implications of reverse engineering. In an email dated October 1, 1999, he remarked on the inevitability of DVD hacking but claimed the LiVid project did not focus on unauthorized reproduction of copyrighted materials. Nonetheless, he recognized that DeCSS could enable the transfer of copyrighted content from DVDs to hard drives for copying purposes. Pavlovich maintained that consumers should have the right to duplicate DVDs for personal use and transfer their content to other formats. He asserted ignorance of the CSS licensing entity's identity or location until the lawsuit arose. Pavlovich acknowledged the significant presence of the movie and computer industries in California, particularly in Hollywood and Silicon Valley, where numerous hardware manufacturers involved in DVD player components operate. The trial court denied his motion based on the precedent set in Calder v. Jones and the Ninth Circuit's Panavision case, which address the concept of personal jurisdiction. Pavlovich subsequently petitioned the Court of Appeal for a writ of mandate, which was initially denied. Upon review, the matter was retransferred to the Court of Appeal, which ultimately denied the writ, reasoning that Pavlovich was aware that his Internet activities were harming California's industries and that the material he misappropriated was accessible to California users. The Court of Appeal established that his actions constituted "purposeful availment" of California's benefits, creating minimum jurisdictional contacts despite his physical absence from the state. The court further assessed the reasonableness of personal jurisdiction, noting the substantial harm caused by Pavlovich's actions, the manageable burden of defending in California, no conflicts with his home state sovereignty, California's significant interest in the matter, and the suitability of California as a forum for resolution. The conclusion emphasized that California could assert personal jurisdiction over foreign defendants if they maintain sufficient minimum contacts with the state, adhering to constitutional standards of fair play and substantial justice. The "minimum contacts" rule serves to protect a defendant's liberty interest by ensuring they are not subjected to judgments from a forum with which they lack meaningful connections. It also respects the territorial boundaries of sovereign states within a federal system. This rule provides predictability, allowing defendants to understand where their actions may expose them to legal liability. The evaluation of minimum contacts is inherently flexible and must be based on the specific facts of each case, as strict formulas do not apply. Jurisdiction is deemed appropriate when a defendant has purposefully directed activities at residents of the forum, leading to injuries related to those activities. States have a vested interest in providing their residents with a venue for addressing harms inflicted by out-of-state individuals who benefit from their activities. Furthermore, advancements in transportation and communication have reduced the burden of litigating in alternate forums. Purposeful availment is characterized by actions that invoke the benefits and protections of the forum state’s laws, but it is not the sole criterion for establishing personal jurisdiction over a foreign defendant. In Calder v. Jones, the U.S. Supreme Court ruled that Shirley Jones, a California actress, could sue Florida residents for defamation in California, despite their lack of direct ties to the state. The court held that the defendants had "expressly aimed" their actions at California, recognizing that the tabloid article had significant circulation there and that the story's focus was on California sources, which contributed to the harm experienced by Jones in her home state. The court noted that California's interest in addressing the effects of out-of-state actions justified jurisdiction, as defendants could reasonably anticipate being sued in California for intentionally causing harm to its residents. Jurisdiction is proper when defendants purposefully direct injurious conduct at the forum, allowing for the pursuit of legal action in the state where the injury occurs, regardless of the defendants' physical location. This principle applies beyond defamation to all intentional torts, as highlighted by various case precedents. A defendant seeking to quash service of process on jurisdictional grounds places the initial burden on the plaintiff to establish facts that justify jurisdiction. If the plaintiff demonstrates minimum contacts with the forum state, the burden shifts to the defendant to prove that exercising jurisdiction is unreasonable. In cases of conflicting evidence, the trial court's factual findings are upheld on appeal if supported by substantial evidence. Conversely, when no evidence conflict exists, jurisdiction is a legal question subject to independent review by the appellate court. In this case, where no formal findings of fact were made, the implicit findings by the trial court receive the same deference as explicit ones. The appellate court must accept all undisputed facts and reasonable inferences that support the trial court's decision while independently applying the law. The circumstances satisfy the requirements established in Calder for minimum contacts. Pavlovich posted the DeCSS source code on his LiVid website as part of a campaign against the CSS encryption system, which was created to protect copyrighted materials on DVDs. He understood that CSS aimed to prevent unauthorized duplication and that his actions would likely harm the California-based movie industry. Therefore, even without direct financial gain from piracy, Pavlovich's decision to publish material he believed infringed on the CSS trade secret was intentionally harmful to an industry he knew was focused in California, establishing the necessary minimum contacts for jurisdiction. Intentional actions directed at a forum state, which the defendant knows will likely cause harm there, can establish grounds for personal jurisdiction. Courts emphasize that merely operating a passive Internet website does not constitute targeting a specific forum, as it risks subjecting users to jurisdiction in any location where the site is accessible. However, defendants who deliberately direct actions at specific jurisdictions with the expectation of resulting harm cannot escape jurisdiction by using the Internet or other broad communication methods. Key cases reinforce this principle, illustrating that significant connections to a forum, such as circulation of materials or use of trademarks within that jurisdiction, can support the establishment of jurisdiction for suits, even if the defendant is physically located elsewhere. The document references several pertinent cases, including *Calder*, *Keeton*, *Panavision*, and *Indianapolis Colts*, which collectively underscore the importance of the defendant's intent and actions aimed at the forum state in determining jurisdiction. A California declaratory relief action is justified when a Georgia-based defendant sends letters to a California merchant and a Virginia domain name registrar, alleging trademark infringement on the plaintiff's domain. This situation compels the plaintiff to litigate to maintain domain control. The defendant is not subject to unpredictable jurisdiction but can reasonably expect to be sued in California, where his conduct caused harm. Contrary to the majority's view, prior cases asserting that passive web site operation does not establish personal jurisdiction are not applicable here. These cases emphasize that mere website accessibility does not suffice to create jurisdiction unless there is evidence of specific targeting of the forum. The majority's acceptance of the defendant's claim that he could not have aimed his conduct at California due to a lack of knowledge about the plaintiff's identity or location is incorrect. Personal jurisdiction can be established through intentional actions directed at the forum, even if the plaintiff is not the specific target. The case of Vons illustrates this principle, where a California parent company faced a lawsuit from franchisees due to adverse publicity resulting from food poisoning incidents, despite the cross-defendants having no direct ties to California. The nexus for specific jurisdiction depends on the defendant's activity in the forum and its connection to the litigation, rather than a direct link to the plaintiff. The key focus is the nature of the defendant's actions within the forum and their relation to the legal dispute. A substantial connection exists between the Washington cross-defendants and Vons's California cross-complaint due to the cross-defendants' California-based contractual franchise relationship with Foodmaker, which involved purchasing hamburger and required litigation of disputes in California. The franchise agreement imposed strict sanitary standards for food preparation in Jack-in-the-Box restaurants, leading the cross-defendants to reasonably anticipate being sued in California over these matters. Similarly, defendant Pavlovich's ties to California stem from his efforts to undermine the CSS encryption system, vital for the movie and DVD industries concentrated in California. He recognized that CSS was a trade secret, which his LiVid project deliberately chose not to license, and assumed that the DeCSS source code on his website was illegally obtained and infringed CSS's proprietary information. Consequently, the lawsuit from DVD CCA regarding this infringement is closely linked to Pavlovich's actions aimed at California. The majority opinion, however, challenges the notion that Pavlovich's contacts with California industries were sufficiently direct or intentional to meet the "express aiming" requirement established in Calder. They argue that mere knowledge of the potential harm to the motion picture industry does not suffice, particularly since the lawsuit does not accuse Pavlovich of actual piracy. Additionally, there is no evidence that he was aware of specific California companies harmed by DeCSS. The majority contends that knowledge of industry-wide impacts alone cannot establish personal jurisdiction without additional purposeful activity directed at the forum. Despite these objections, the author believes the unique circumstances of the case demonstrate adequate purposeful activity directed towards California to satisfy minimum contacts under the Calder standard. Defendant Pavlovich should have anticipated being subject to California's jurisdiction due to his actions involving the posting of the DeCSS source code on his LiVid Web site. His intention was to undermine the licensed CSS technology, developed for the protection of the movie and DVD industries, aiming to promote alternative DVD playback systems. Although he denied a desire to pirate movies, by displaying the DeCSS source code unrestrictedly online, he enabled visitors to exploit this information, which he knew would harm the affected industries, particularly in California. The lawsuit, initiated by representatives of these industries, seeks to prevent further damage by enjoining Pavlovich and his network from displaying the source code. The case hinges on the inherent harm caused by Pavlovich's alleged improper disclosure of a trade secret, irrespective of any commercial exploitation by him. His actions were targeted at industries he knew were significantly based in California, and he proceeded despite believing DeCSS was likely illegal. This establishes a sufficient connection to California, allowing him to reasonably anticipate litigation in the state. Additionally, the court finds that Pavlovich's intentional conduct directed at the state creates minimum contacts, satisfying the standards of fair play and substantial justice necessary for maintaining the suit. Therefore, the jurisdictional basis remains valid, even though he targeted entire industries rather than individual entities. The majority opinion asserts that no case has established that a court can exercise jurisdiction solely based on a defendant's awareness of industry-wide effects in the forum state. However, they also acknowledge that no decision has definitively ruled out the possibility of establishing specific personal jurisdiction based on a defendant's targeting of an entire industry. Jurisdiction is deemed appropriate under the Calder standard when a foreign defendant intentionally directs harmful actions toward the forum, expecting that the majority of harm will be experienced there. While targeting individual residents meets this criterion, the same principle applies when actions are aimed at entire industries. Pavlovich contends that he did not specifically target California, as businesses in the movie and computer sectors are dispersed nationwide. He argues that it cannot be presumed that large corporations, which operate widely, necessarily experience harm primarily in California due to their headquarters being located there. Some precedents suggest that a corporation does not experience harm in a specific location in the same way an individual does. Nevertheless, other rulings have implicitly rejected the notion that actions aimed at harming a corporation cannot be directed at a specific place. It is reasonable to conclude that corporations can feel the brunt of harm in their principal business locations, allowing for jurisdiction where the actor knows the targeted businesses are based. The excerpt highlights that even if industry members are not exclusively based in California, purposeful injurious conduct directed at entire industries, with knowledge of their substantial presence in a state, establishes sufficient contact for jurisdiction. The majority’s ruling could lead to a situation where industries targeted by Pavlovich would have to pursue multiple lawsuits across different jurisdictions, which is viewed as an illogical and unjust outcome that contradicts principles of long-arm jurisdiction. Pavlovich established minimum contacts with California that justify litigation against him in the state. Once minimum contacts are confirmed, courts assess additional factors to ensure personal jurisdiction aligns with "fair play and substantial justice." These factors include the burden on the defendant, the forum state's interest in the case, the plaintiff's need for effective relief, the interstate judicial system's efficiency, and the shared interests of the states in promoting social policies. In this instance, while the burden on Pavlovich is noted—specifically, the need to travel from Texas—this concern is mitigated by the domestic nature of the travel and the absence of complications typical of international jurisdiction. The distance is not considered extreme, and Pavlovich has not demonstrated significant hardship beyond his claims related to age and income. Furthermore, his actions, particularly posting the DeCSS source code, imply he anticipated potential legal challenges. He has also previously engaged in litigation outside his home state, suggesting that the burdens of travel are manageable. The interests of the plaintiff, forum, and judicial system strongly support California's jurisdiction, as it is a suitable venue for efficient and effective relief given the industries impacted by Pavlovich's actions are primarily located in the state. Overall, the factors favor the assertion of jurisdiction in California. DVD CCA, the plaintiff, is headquartered in California, which has a vested interest in addressing the consequences of actions occurring within its jurisdiction, even if those actions took place elsewhere. The state's long-arm statute supports this reach, and California has a particular interest in trade secret infringements, as reflected in its adoption of the Uniform Trade Secrets Act. This legislation underscores California's commitment to providing effective remedies for such infringements against its residents. The case involves multiple defendants, and there is a strong interest in efficiently resolving the dispute within a single forum rather than forcing DVD CCA to pursue separate actions against each defendant in different locations. The argument posits that California is a suitable forum for this case, as its interests, combined with the need for efficient resolution, justify personal jurisdiction over the defendant, Pavlovich. The text argues that California's jurisdiction can be established with a lesser showing of minimum contacts due to Pavlovich's intentional actions directed at interests known to be based in California, which he could reasonably anticipate would result in harm there. Thus, it concludes that asserting personal jurisdiction over Pavlovich is fair and reasonable for this litigation, leading to the affirmation of the Court of Appeal's judgment. The discussion emphasizes that this conclusion is based on the specific facts of the case and does not create a broad precedent for jurisdiction over all foreign defendants causing foreseeable effects in California. In various cases, the courts have established that a defendant's awareness that their tortious conduct may impact a competitor or a resident in a forum state does not suffice to establish personal jurisdiction. Specific rulings include: 1. **Hicklin Engineering, Inc. v. Aidco, Inc.**: The 8th Circuit held that mere knowledge of potential effects on a competitor is inadequate for jurisdiction. 2. **Drayton Enterprises, L.L.C. v. Dunker**: The court ruled that revealing a trade secret while knowing it would primarily affect the forum state was insufficient for jurisdiction. 3. **Cognigen Networks, Inc. v. Cognigen Corp.**: Knowledge of a plaintiff's use of a mark in an intellectual property claim does not meet the effects test for jurisdiction. 4. **Barrett v. Catacombs Press**: Similar to previous cases, the defendant's knowledge of a plaintiff's trademark use was deemed insufficient for jurisdiction. 5. **Conseco, Inc. v. Hickerson**: Posting a trademark online was insufficient for jurisdiction due to a lack of purposefully directed activity. 6. **Griffis v. Luhan**: Posting defamatory material about a resident online did not establish express aiming necessary for jurisdiction. 7. **Laykin v. McFall**: Even intentional injury in the forum state did not warrant jurisdiction without purposeful direction of activities. Additional cases emphasized that merely causing effects in a state does not provide a constitutional basis for jurisdiction, particularly when the defendant did not deliberately target the forum. Rulings from **Mansour v. Superior Court** and **Edmunds v. Superior Court** reinforced this principle by denying jurisdiction based on lack of directed activities towards California or the relevant forum state. Conversely, **Taylor-Rush v. Multitech Corp.** found jurisdiction appropriate due to intentional targeting of California. Overall, the "effects test" for jurisdiction requires a clear demonstration of purposeful direction towards the forum, rather than simply causing effects therein. Jurisdiction was assessed based on the effects of Pavlovich's alleged tortious acts and his contacts with California. DVD CCA argued that Pavlovich's receipt of a cease-and-desist letter from the Motion Picture Association (MPA) demonstrated purposeful availment; however, the record lacks evidence of the letter being sent to or received by Pavlovich. Consequently, this claim cannot substantiate jurisdiction. DVD CCA also failed to raise this issue in prior proceedings, resulting in waiver. Previous cases are cited where jurisdiction was denied under similar circumstances, emphasizing the necessity of the defendant's knowledge of potential harm in the forum state. Pavlovich asserted that the DeCSS code could be used for legitimate purposes and disputed DVD CCA's claims regarding his involvement with the LiVid Web site, where the code was allegedly posted. His declaration did not confirm his responsibility for the posting, despite acknowledging some input. While he identified as the "founder and leader" of the LiVid project, his deposition did not clarify his role concerning the posting of the DeCSS code. Pavlovich's counsel argued that it is unclear who posted the DeCSS source code on the LiVid website and that no such materials were found on Pavlovich's computer during discovery. Despite this, the trial court could reasonably infer personal jurisdiction over Pavlovich based on his acknowledged significant role in LiVid and his failure to definitively deny involvement with the website. There is debate among experts regarding the effectiveness of CSS encryption in preventing copying of DVD materials. However, a federal appellate court has ruled that DeCSS bypasses DVD copy protections and is a more effective method for copying films. Pavlovich admitted understanding that DeCSS was derived from reverse engineering, acknowledging the legality issues surrounding such actions in many countries. He invoked the California Uniform Trade Secrets Act, which states that reverse engineering isn’t inherently improper, but this legal argument does not affect the jurisdictional assessment at this preliminary stage. Jurisdiction is supported by Pavlovich's intentional conduct aimed at California interests, indicating he could reasonably anticipate being brought to court there. The majority opinion suggests that merely maintaining a passive website does not constitute "express aiming" at a jurisdiction; however, a website designed to intentionally harm specific individuals or interests should not be deemed passive. Legal precedents illustrate that the nature and intent of online content play a critical role in determining jurisdiction. In the case of Cybersell, the 9th Circuit ruled that the mere use of an allegedly infringing mark on a passive website did not establish personal jurisdiction in Arizona over the defendants, who did not target Arizona for business. Similarly, in GTE New Media Service, the D.C. Circuit found that foreign defendants' efforts to maximize their Internet service's use did not create jurisdiction in the District of Columbia for a competing service provider. The Bensusan Restaurant Corp. case determined that using an allegedly infringing logo on a website did not confer New York jurisdiction for a trademark infringement lawsuit from a New York-based club owner. Other cases, including Nam Tai Electronics and Asahi Metal Industry, reinforced the principle that mere foreseeability of a product reaching a state or the maintenance of a website in a jurisdiction does not establish minimum contacts for personal jurisdiction. Overall, these decisions emphasize that passive Internet activities and general knowledge of potential impacts on a state's market do not suffice to create personal jurisdiction. Connecticut jurisdiction is deemed proper for a lawsuit against a Massachusetts defendant who engaged in activities directed toward all states, including Connecticut, through internet advertising and a toll-free number, resulting in a claim of trademark infringement by a Connecticut firm. The majority opinion dismisses the relevance of Janmark, Inc. v. Reidy, arguing that it supports an overly broad interpretation of jurisdiction based on foreseeable injury from an intentional tort. In Janmark, jurisdiction was found proper because the tort was not complete until a New Jersey customer canceled an order, suggesting the injury occurred in Illinois. However, the reasoning is challenged, asserting that Janmark does not justify jurisdiction based solely on foreseeability. Furthermore, it is noted that a plaintiff may bring action in a forum state even if the majority of harm occurred elsewhere, as established in Keeton v. Hustler Magazine. Lastly, the potential for conflicting sovereign interests is considered, with no specific interest identified by the defendant's state of Texas that would impede California's jurisdiction, a point conceded by the defendant.