The DVD CCA, which licences encryption services for DVD makers,
alleges that Matthew Pavlovich, one of many individuals being sued
over DeCSS, is liable by operating a web site on which the software
was made available. It contends that he infringed the copyrights of
members of the Californian movie industry and that he has stolen
trade secrets. However, Pavlovich argued that, because he resided
in Indiana at the time of the DVD CCA filing its lawsuit (and now
lives in Texas), and because his web site was not hosted in
California, the Californian court had no jurisdiction to hear the
case.
Earlier attempts by Pavlovich to have the case against him
dismissed on grounds of jurisdiction proved unsuccessful, but the
Californian Supreme Court had ordered the Court of Appeal to show
cause why he must stand trial in the state.
The Court of Appeal ruled that this did not prevent an action
being brought in California, since those affected by Pavlovich’s
actions, namely the copyright owners, were based in California.
Justice Eugene Premo wrote:
"The question is whether Pavlovich's lack of
physical and personal presence in California incapacitates
California courts from jurisdictionally reaching him through its
long-arm statute. We hold it does not."
The lawyer for Pavlovich has said his client will seek a review
of the decision by the California Supreme Court.
