Question
Background and Facts: Plaintiff Graduate Management Admission Council (GMAC) is a nonprofit corporation located in Virginia. It develops and owns all rights to the Graduate
Background and Facts:
Plaintiff Graduate Management Admission Council (GMAC) is a nonprofit corporation located in Virginia. It develops and owns all rights to the Graduate Management Admission Test (GMAT), used for admittance to about 1700 graduate business programs in the United States and elsewhere. The GMAT forms and questions are original, copyrighted materials. GMAC routinely registers its material with the Register of Copyrights and has registered "GMAT" as a trademark with the U.S. Patent and Trademark Office. Defendant Raju is a citizen of India. Raju registered the domain names "gmatplus.com" and "gmatplus.net" in 2000 and operated a Website under the former name. The Website sold, for as much as $199, seven books containing "100 percent actual questions" never before published. The books were sold to customers in India, China, Korea, Singapore, France, Australia, and Japan, and to at least two individuals in Virginia. The Website contained ordering information for customers in the United States. Orders placed on the site were paid for by a money transfer through Western Union or MoneyGram. GMAC filed a complaint against Raju for infringement, cyber piracy, unfair competition, and other torts. The defendant failed to appear, and the court entered a default judgment against him on the basis of having personal jurisdiction over him
Decision:
Raju had sufficient minimum contacts with the United States to justify personal jurisdiction over him there under the federal rules. The magistrate judge was directed to take whatever steps deemed necessary to determine the appropriate relief to be awarded GMAC in this matter.
Questions:
a. On what basis did the court hold that Raju had sufficient minimum contacts with the United States such as to support the exercise of personal jurisdiction?
b. Is the Internet sufficiently different from non-electronically-based businesses to merit different treatment for purposes of jurisdiction? Why or Why not?
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