August 2005

A non-U.S. website must have a substantial effect on U.S. commerce before the court can exercise subject matter jurisdiction.  Cecil McBee v. Delica, No-04-2733 (1st Cir  August 2, 2005) (mere accessibility of Japanese clothing company’s website using CECIL McBEE in U.S., does not establish substantial effect on U.S. commerce, without more).

Lower court decision in

If a radio station makes falsifiable statements regarding its playlist (such as representations that the songs were ‘best-selling’), then the potential harm in payola (paying the station to play a song) is apparent.  If a radio station makes vague statements regarding its playlist (‘today’s sounds’), then payola may be culturally undesirable, but the actionable harm