Where is “Here” & Regulating Telecom

In reading through the aforementioned RIM decision, the following paragraph jumped out at me. It came in response to (and refusal of ) RIM’s claim that it wasn’t infringing on NTP’s U.S. patents, in part, because RIM’s system was in Canada:

“…we conclude that when two domestic users communicate via their BlackBerry devices, their use of the BlackBerry system occurs “within the United States,” regardless of whether the messages exchanged between them may be transmitted outside of the United States at some point along their wireless journey.”

That is an interesting decision, one that could conceivably have broader jurisdictional implications.

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