What is Really Fair: Internet Sales and the Georgia Long-Arm Statute
23 Pages Posted: 18 Jul 2009
Date Written: June 1, 2009
This article analyzes the current issue of online merchants being forced to defend themselves in foreign jurisdictions during litigation concerning online sales. Part I describes the history of personal jurisdiction from its nineteenth century concerns with territoriality to the twentieth century minimum contacts standard to other, more recent developments. Part II summarizes personal jurisdiction and minimum contacts as applied to the Internet generally and discusses whether Internet sales contain sufficient minimum contacts to satisfy the constitutional prerequisites for the exercise of personal jurisdiction over the seller. Part III analyzes the Georgia long-arm statute as it relates to jurisdiction over persons transacting sales over the Internet. Finally, Part IV examines the policies for and against allowing the Georgia long-arm statute to pull foreign sellers into Georgia before recommending clear guidelines to the Georgia Legislature if it were to amend the long-arm statute.
Keywords: Internet, cyber, law, copyright, intellectual, property, jurisdiction, long, arm, long-arm, Georgia, eBay, personal
JEL Classification: K00, K10, K11, K12, K19, K20, K29, K30, K39, K40, K49
Suggested Citation: Suggested Citation