Question: An excellent strategy is to answer each questions using IRAC: Issue - What is the legal issue that must be answered to resolve the legal
An excellent strategy is to answer each questions using IRAC:
Issue - What is the legal issue that must be answered to resolve the legal dispute?
Rule - When reading through the fact pattern, what is the general legal rule that should be applied? Identify any exceptions to the general rule.
Analysis - Application of the legal rule to the key facts of the case. Key facts are facts that if changed, would also change the legal outcome of the case. Key facts should match an element of a crime or cause of action. If there are exceptions to a general rule or law that are relevant to the facts, state it in your "analysis" section of your answer.
Conclusion - After applying the facts to your legal cause of action .
Long Arm Statute
- KaZaA BV was a company formed under the laws of the Netherlands. KaZaA distributed KaZaA Media Desktop (KMD) software, which enabled users to exchange, via a peer-to-peer transfer network, digital media, including movies and music. KaZaA also operated the KaZaA.com Web site, through which it distributed the KMD software to millions of California residents and other users. Metro-Goldwyn-Mayer Studios, Inc., and other parties in the entertainment industries based in California filed a suit in a federal district court against KaZaA and others, alleging copyright infringement. KaZaA filed a counterclaim, but while legal action was pending, the firm passed its assets and its Web site to Sharman Networks, Ltd., a company organized under the laws of Vanuatu (an island republic east of Australia) and doing business principally in Australia. Sharman explicitly disclaimed the assumption of any of KaZaA's liabilities. When the plaintiffs added Sharman as a defendant, Sharman filed a motion to dismiss on the ground that the court did not have jurisdiction. Would it be fair to subject Sharman to suit in this case? Explain.
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