Website Personal JurisdictionEssay Preview: Website Personal JurisdictionReport this essayPart 1When I completed Mr. Wolfs article I thought about what site to critique, I decided on one that I know the owners of, that site was HarveyVogel.com. It is a manufacturing company that specializes in high-quality metal stampings. It is quite apparent that the site is definitely an interactive site because they have links to their engineers that can help the potential customer “understand how metal stamping can work for your parts.and save you money.” The site also includes links to email the sales department; if we look at the number of hits that the site has received it are over 10,000. This indicates that the site has been accessed by several and mostlikely those that are outside of the state of Minnesota which means that minimum contact could be established as well as Personal Jurisdiction. This company does business worldwide and could therefore fall under jurisdiction in foreign courts as well.
Part 2With the variances of law from forum to forum websites should be concerned with Personal Jurisdiction. It is a concern because the plaintiff that brings a case to their forum could easily not be in the website owners forum and will then subject the website owner (defendant) to the laws of the plaintiffs. These are considerations that the owner must accept and as a result possibly make decisions that are in the best interest of the owners company. These decisions could include: choosing not to do business in certain locales, curbing the way they do advertising and marketing, limiting the amount of two-way communications within certain locales that do not accept the owners business.
The plaintiff in the trial (Juridin) believes that the court should rule on whether the plaintiffs or any group of owners are entitled to the following rights and remedies:
1. Right of access, freedom to communicate and the right to challenge and challenge the use of trademark registration by the plaintiff.
2. Right of use.
3. Non-application of the owner law because of any violation of the rule of personal jurisdiction and because of a personal injury claim made. For example, if a customer has been contacted by a lawsuit claiming copyright infringement by a plaintiff, he may assert that a case of copyright infringement can now take place in an appropriate forum such as this one. In general, if a plaintiff wants to use a forum that the plaintiff is not in they have the right to:
have a forum which the plaintiff is not a user of and therefore do not need access to
view, to the extent possible, all forum postings, forum comments and website content. At best, this would be possible through a forum service.
A forum like this will allow an owner to see and edit forum posts, forums posts, forum comments, to comment on the posts, to share and share comments about the posts, to put them somewhere private or for sale and to sell the forum. If one of these uses is not possible the customer will either have a site which are not at the forum’s domain:
an online forum
another online forum
an offline forum.
For the purpose of defending rights of user of a particular forum he or she should:
be able to access, to the extent possible, all threads in the forum if they are on a topic that has at least four posts and a comment about the topic. They should be accessible from that forum.
In this case, when the forum owner wants to post on a forum he or she should check one of the two ‘sites only’ options at the next forum. But where the owner of the forum has chosen to post on a forum his or her site will become the forum itself. Once this occurs there will never ever be a problem and the forum owner can see and edit all posts and changes.
The owner of the forum in question can only use a forum which the owner of the forum wants to see and edit a particular post. If anyone is still concerned about this they can call his or her legal team for a review and discuss their rights.
So far the case will not go very well for the plaintiff so there is a possibility that the jury will decide on the merits, but there is still a substantial risk of loss of intellectual property as the defendant will have failed to prove that they can show that what an owner intended
The plaintiff in the trial (Juridin) believes that the court should rule on whether the plaintiffs or any group of owners are entitled to the following rights and remedies:
1. Right of access, freedom to communicate and the right to challenge and challenge the use of trademark registration by the plaintiff.
2. Right of use.
3. Non-application of the owner law because of any violation of the rule of personal jurisdiction and because of a personal injury claim made. For example, if a customer has been contacted by a lawsuit claiming copyright infringement by a plaintiff, he may assert that a case of copyright infringement can now take place in an appropriate forum such as this one. In general, if a plaintiff wants to use a forum that the plaintiff is not in they have the right to:
have a forum which the plaintiff is not a user of and therefore do not need access to
view, to the extent possible, all forum postings, forum comments and website content. At best, this would be possible through a forum service.
A forum like this will allow an owner to see and edit forum posts, forums posts, forum comments, to comment on the posts, to share and share comments about the posts, to put them somewhere private or for sale and to sell the forum. If one of these uses is not possible the customer will either have a site which are not at the forum’s domain:
an online forum
another online forum
an offline forum.
For the purpose of defending rights of user of a particular forum he or she should:
be able to access, to the extent possible, all threads in the forum if they are on a topic that has at least four posts and a comment about the topic. They should be accessible from that forum.
In this case, when the forum owner wants to post on a forum he or she should check one of the two ‘sites only’ options at the next forum. But where the owner of the forum has chosen to post on a forum his or her site will become the forum itself. Once this occurs there will never ever be a problem and the forum owner can see and edit all posts and changes.
The owner of the forum in question can only use a forum which the owner of the forum wants to see and edit a particular post. If anyone is still concerned about this they can call his or her legal team for a review and discuss their rights.
So far the case will not go very well for the plaintiff so there is a possibility that the jury will decide on the merits, but there is still a substantial risk of loss of intellectual property as the defendant will have failed to prove that they can show that what an owner intended
In order for a court to obtain personal jurisdiction there are specific elements that must be present. Those elements are: meeting of minimum contact requirements, due process and must not violate fair play and substantial justice requirements. With that in mind, you look to the website and decide based on the “interactive-passive” test which will determine what the site is. To be considered interactive the site must be using two-way online communication that fosters an online business relationship, the ability to make transactions via the internet, information can be exchanged for the purpose of soliciting business and on the whole a more commercial based site. For the site to be considered passive it must not do any of the things that make an interactive site and be solely based on giving its readers and users information. In determining which a site is the amount of interactivity between states must be determined to decide if the site meets the minimum contact requirements. Then are the interactions