The Legal Environment of Business

Essay by rococoCollege, UndergraduateB+, March 2007

download word file, 2 pages 0.0

The website that I chose was yellowpages.com. The website offers information only to web site users and does not charge for their services. The courts do not have jurisdiction over them. If yellowpages.com would charge 0.10 cents for giving out their information on listings then the court would have jurisdiction over them. Yellow pages.com clearly states on their web site that the information provided is for NON-Commercial use.

1.Why is personal jurisdiction an issue for those who post Websites? “Most courts have applied an interactive-passive distinction when determining personal jurisdiction over someone operating a Web Site.” (library.findlaw.com). A Web Site can be characterized as interactive if you can conduct business transaction. Another way a Web Site can be considered interactive would be exchanging information for the purpose of soliciting business.

2. What are some reasons that a website owner might be concerned with whether a court is able to obtain personal jurisdiction’ over them? The more commercial or interactive the website is will determine if the courts would obtain jurisdiction.

A website that simply provides information will not have to worry about courts getting jurisdiction over them. A website that promotes a business and sales, doing business in the forums state through contacts or has dealings with forum residents, will have to worry about the courts having jurisdiction over them.

3. What is normally required for a court to have personal jurisdiction? Courts need evidence of a website owner conducting business on a website in order to impose jurisdiction on it’s owner. If the website owner is conducting a high level of business to the forum of residents and conducting business in the forum state through contacts and entering into specific dealings with the forum residents. Then the website owner can expect the court to have jurisdiction over...