Instructions
In order to complete assignment #5, you will need to answer the below questions. Please complete the questions in a Word document and then upload the assignment for grading. When assigning a name to your document please use the following format (last name_Assignment #5). Use examples from the readings, lecture notes, and outside research to support your answers. The assignment must be a minimum of a 1-full page in length with a minimum of 2 – outside sources. Please be sure to follow APA guidelines for citing and referencing sources. Assignments are due by 11:59 pm Eastern time on Sunday.
Chapter 8
Review Question #4 on page 261 and then answer the following question:
The new age of technology presents many opportunities for litigation. The Internet is no exception. When operating Internet websites, an important part of it is owning the domain name (www.example.com). Anyone in the world can own any domain name that is available and the facts of this case arise from this concept.
The plaintiff, in this case, Weather Underground Corporation (Weather Underground), a Michigan corporation, is a commercial weather service. It owns and operates several domain names so that people can access their company through their websites. Defendants, in this case, Navigation Catalyst Systems, Incorporated (“NCS”), a Delaware corporation, owns many domain names that are similar to the plaintiff’s company name (some would result from people misspelling the correct domain name for Weather Underground). NCS profits from consumers going to one of these websites and clicking on links that are on them.
Plaintiff filed suit against NCS and several of its companies in the District Court for the Eastern District of Michigan. As defendants were not incorporated in Michigan, the issue of personal jurisdiction arise. The courts of appeals have held that in order to establish specific personal jurisdiction (showing that this company has established contacts with the forum state), one must show three things: (1) the defendant purposefully availed himself of the privilege of acting in the forum state, (2) the cause of action arises from the defendant’s activities there, and (3) the defendant’s acts were so substantial as to make the exercise of personal jurisdiction there reasonable.
The district court is considering whether the exercise of personal jurisdiction is proper. What should it decide and why?
Weather Underground Inc. v. Navigation Catalyst Sys. Inc., No. 09–10756, 2009 WL 3818191 (E.D. Mich. Nov. 13, 2009).
The district court is considering whether the exercise of personal jurisdiction is proper. What should it decide and why?
Chapter 9
Apple, Inc., and Major League Baseball (MLB) signed an agreement for the broadcast of games. MLB will offer two live games per day, subject to blackout restrictions. Then MLB plans to roll out an entire offering of out-of-market games currently offered only through its premium live streaming video service. Identify some other, extra features users want. Identify restrictions that MLB will want to see in the agreement.