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Personal Jurisdiction and Streaming Services, Thesis of Financial Accounting

University of Phoenix (UOPX)Financial Accounting

Personal jurisdiction in a court case between two companies and the issue of contracts for streaming services. Personal jurisdiction is the power a court has to make a decision regarding the party being sued in a case. The court case discussed involves a Michigan-based company and a New Jersey-based company. The document also discusses issues with contracts for streaming services, including the lack of a free trial and changes in rates once a user has committed to a contract.

Typology: Thesis

2023/2024

Available from 02/06/2024

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ISSC381
Assignment #5
ISSC381-CyberlawandPrivacyinaDigitalAge
AmericanPublicUniversity
Personaljurisdictionis“thepowerthatacourthastomakeadecisionregardingthe
partybeingsuedinacase”(CornellLawSchool,n.d.).InthecaseofWeatherUnderground,
aMichiganbasedcompany,versusNCS,aNewJerseybasedcompany,thecourtwastrying
todecidewhethertheyhadpersonaljurisdiction(Ferrera,et.al.,2012).Inorderforacourtto
exercisepoweroveraparty,thepartymusthavea“certainminimumcontactswiththeforum
inwhichthecourtsits”(CornellLawSchool,n.d.).Inthiscourtcase,itismyopinionthat
the
courtdoesnotmeetthethresholdforpersonaljurisdiction.BecauseNCSisaNewJersey
basedcompany,itwouldbenefitthecourttoruleagainsttheminfavoroftheMichigan
basedcompany,Weatherunderground.
Chapter 9
Withmoststreamingservices,customersarerequiredtopayforasubscriptionwitha
contractthatstipulatestheymustcontinuetopayforthestreamingservicefor“x”amountof
monthsorelsetheymustpayafeeforbreakingthecontract.Somefeaturesthatuserswould
perhapsliketoseetocombatthisstipulationisfirst,afreetrial.Afreetrialallowsa
customertotestaproductwithouthavingtocommittothefullcontract.IfMLBandApple
don’twishtoprovideafreetrial,theycouldinsteadprovideshortcontractorlowfeesifa
userwishesto
canceltheirsubscriptionearlierthanlaidoutintheircontract.Anotherissueusersmaysee
whenpayingforastreamingserviceischangeinratesoncetheyhavealreadycommittedtoa
contract.Topreventusersfrompayingfeestheydidnotsignupfor,MLBandApplecould
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ISSC

Assignment # ISSC 381 - Cyberlaw and Privacy in a Digital Age American Public University Personal jurisdiction is “the power that a court has to make a decision regarding the party being sued in a case” (Cornell Law School, n.d.). In the case of Weather Underground, a Michigan based company, versus NCS, a New Jersey based company, the court was trying to decide whether they had personal jurisdiction (Ferrera, et.al., 2012). In order for a court to exercise power over a party, the party must have a “certain minimum contacts with the forum in which the court sits” (Cornell Law School, n.d.). In this court case, it is my opinion that the court does not meet the threshold for personal jurisdiction. Because NCS is a New Jersey based company, it would benefit the court to rule against them in favor of the Michigan based company, Weather underground. Chapter 9 With most streaming services, customers are required to pay for a subscription with a contract that stipulates they must continue to pay for the streaming service for “x” amount of months or else they must pay a fee for breaking the contract. Some features that users would perhaps like to see to combat this stipulation is first, a free trial. A free trial allows a customer to test a product without having to commit to the full contract. If MLB and Apple don’t wish to provide a free trial, they could instead provide short contract or low fees if a user wishes to cancel their subscription earlier than laid out in their contract. Another issue users may see when paying for a streaming service is change in rates once they have already committed to a contract. To prevent users from paying fees they did not sign up for, MLB and Apple could

provide a clause in the contract allowing for them to break their contract free of charge without consequence in the event of a rate change. Other features users would enjoy could include the ability to record games or pay on a game-by-game basis. As for MLB, some things they should consider would be the popularity of the games they are streaming, as well as competition from other free streaming services or channels. References Cornell Law School. (n.d.). Personal Jurisdiction. https://www.law.cornell.edu/wex/personal_jurisdiction Ferrera, Reder, Bird, Darrow, Aresty, Klosek & Lichtenstein. (2012). Special Topics Collection: Cyberlaw - Text and Cases. https://online.vitalsource.com/#/books/1133173500/cfi/6/20!/4/12/6/10/4@0: