Makes sense, but how can things like the slapp suit from bill murrey have been in a state (west virginia) neither hbo ( who called bill murrey a lot of shit and is located in new york ) , bill murrey ( utah) or his company were in?
Comment on X sues Media Matters to silence moderation criticism
ZickZack@fedia.io 11 months agoSurely a company should be governed by the laws of the state in which they are based
This is not true and wouldn't make why sense: let's say you are a delivery company and one of your drivers runs over a dog in Texas. The lawsuit can be filed in Texas, regardless of whether your company is in Texas, California, or even outside the united states. The place you are incorporated in doesn't change the damages or laws you violated when running over the dog. Of course you can also move the venue to the state the company is based in.
You cannot (generally) move it to another state, since that state doesn't even have jurisdiction over any part of the incident.
The internet is just special in the sense that really something that happened on the internet happened everywhere on earth at the same time, meaning any venue is a place where potential damages were accrued.
DacoTaco@lemmy.world 11 months ago
Empricorn@feddit.nl 11 months ago
Wait, what is this about Bill Murrey? I’m out-of-the-loop…
SatansMaggotyCumFart@lemmy.world 11 months ago
Bob Murray
Empricorn@feddit.nl 11 months ago
Thank you for clarifying. Wrong dude. I need to caffeinate before commenting…
ZickZack@fedia.io 11 months ago
Essentially the same argument: Due to the fact the HBO show was syndicated throughout the united states, he can file in the federal courts in e.g. Texas (usually the argument is something like "They damaged business relations/contracts in XYZ state, therefore we file in XYZ state").
DacoTaco@lemmy.world 11 months ago
Despite neither having anything to do in xyz state? That sounds broken as hell :/
scarabic@lemmy.world 11 months ago
I think your example covers the case where a company has a lawsuit filed against it. And the object of the lawsuit is an event that occurred in a particular state. But why should a company be able to originate a lawsuit in the state of their choosing? Shouldn’t it either be their home state or the home state of whom ever they’re suing? Or wherever the events in question took place?
ZickZack@fedia.io 11 months ago
The issue with the internet is that it did take place in texas as well: The news article was available in texas, so the news corp can be sued there. Basically the argument is: "Media Matters harmed X's brand in texas using misleading information" (you can read their arguments for filing in texas under the "Jurisdiction and Venue" section of their filing).
Also remember that this is currently X's wish list: Media Matters can file for a change in venue.
scarabic@lemmy.world 11 months ago
Thanks
frazw@lemmy.world 11 months ago
Agree that if an incident happens in a particular jurisdiction, the local court should handle it. That makes sense, no argument here. But here they get to choose the set of laws because there was no physical location? That just feels wrong somehow. Anyway there is a physical location and if anything, the incident was ‘perpetrated’ by a person who was physically located somewhere at the time. It should be handled by the court local to them at the time. In the case of organisations, I guess this would mean where the defendant company operates from. Or if we accept it is virtual and everywhere then, it should be governed by federal laws not state laws.
ZickZack@fedia.io 11 months ago
I answered a little more in detail in a different comment (https://fedia.io/m/technology@lemmy.world/t/411563/-/comment/2556033) but to address the last point: They did file in federal court (specifically the federal district court in north texas).