[wdvltalk-social] Joeph - some bed time reading.....

[michael ensor]

Dow Jones & Company Inc. v Gutnick [2002] HCA 56 (10 December 2002)

Although this is a defamation case there is a discussion about 'publication'
in relation to the web ( and also a brief discussion of the USA 'single
publication rule ).

If you google the citation you will pick up links to the transcript.......but this
is illustrative..

7.A deal of evidence was led before the primary judge seeking to establish the way in which, and the place at which, information
found at a website like WSJ.com is published. It will be necessary to say something more about what that evidence revealed. His
Honour concluded that the statements of which Mr Gutnick sought to complain were "published in the State of Victoria when downloaded
by Dow Jones subscribers who had met Dow Jones's payment and performance conditions and by the use of their passwords". He rejected
Dow Jones's contention that the publication of the article in Barron's Online occurred at the servers maintained by Dow Jones in New
Jersey in the United States. Being therefore of the opinion that the defamation of which Mr Gutnick complained had occurred in
Victoria, Hedigan J concluded that Victoria was not a clearly inappropriate forum for trial of the proceeding and dismissed Dow
Jones's application.



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