Interactive_Website

One of my favorite websites is www.overstock.com. It is an interactive website and subject to personal jurisdiction if all the requirements are met. This website solicits members, sells goods and services and provides online communities, forums and blogs. It is typically reported that the site is successful because it specifically targets women. Why is personal jurisdiction an issue for those who post websites' Personal jurisdiction is an issue because website owners do not wait to be held financially responsible and subsequently leave themselves unprotected and open for prosecution and lawsuits. What are some reasons that a website owner might be concerned with whether a court is able to obtain personal jurisdiction over him or her' A website owner would be concerned because they could be held personally liable and be placed in financial risk/jeopardy. What is normally required for a court to have personal jurisdiction' According to Wolfe, the following elements are necessary for a court to have personal jurisdiction over a website owner: contact within the website other than advertising, internet sales to website member, participants and/or customers, business dealings and transactions within the context of the website, numerous business dealings and transactions in the website states with numerous contacts and the development if specific deals and transactions with the aforementioned entities. The minimum contact standard must be met. When is a court required to use long-arm jurisdiction' There were actual business transactions within the state, the residents were targeted and the standards of minimum contact are met. Why is long-arm jurisdiction an issue for those who create or post web pages' It is an issue because they have to make sure that if fraud is committed, a state cannot establish minimal contact, which is necessary for the personal jurisdiction. If the standards are met then they can be suited and held responsible in court. According to the Wolf article, the courts have imposed an "interactive-passive" test of jurisdiction. Explain that distinction. 1. Inactive use has occurred within the state. 2. The two-way online communication fosters an environment for an ongoing business relationship. According to the Wolf article, is advertising on the web alone enough to confer personal jurisdiction' No advertising alone is not enough to warrant personal jurisdiction. Yohannan, Y. R. (January, 2011). Personal Jurisdiction in Cyberspace: . Retrieved May 1, 2011, from http://www.kelleydrye.com: http://www.kelleydrye.com/publications/articles/1431/_res/id=Files/index=0/Personal%20Jurisdiction%20in%20Cyberspace_IP&Tech%20Law%20Journal_January2011.pdf Wolf, C. (n.d.). Standards for Internet jurisdiction. Retrieved April 29, 2011, from FindLaw Web site: http://library.findlaw.com/1999/Jan/1/241482.html