This week we will meet our client.
Before we act as a team on the client's instructions over the course of the semester, we will introduce ourselves to one another; familiarise ourselves with the course themes, topics, structure and assessment; and overview the three main ways of doing business in global markets:
Contracting (export-import transactions);
Licensing (acquiring intellectual property rights to produce goods or offer services; and
Establishing a business presence in the overseas market (foreign direct investment).
To prepare, please download and complete the assigned for this module.
Demonstrate class engagement by submitting evidence of (a) pre-reading and (b) post-class reflection in relation to any five modules of the course.
The class is on 15 October (12:00pm Frankfurt time / 19:00pm Tokyo time) via Zoom
Zoom link: https://uni-frankfurt.zoom-x.de/j/68232613944?pwd=pRJTzAnRjeenvoUtNVBEXKlWcTj8cC.1
Meeting-ID: 682 3261 3944
Passcode: 623507
We will begin by introducing ourselves to one another.
We will then go through the course objectives, themes, website, content and structure, and assessment scheme.
Your client is DigiAdvance Co, a company that manufactures robotics, develops associated software, and designs AI and digital systems for the human services industries, including the education, healthcare, aged care, sporting and government service-delivery sectors. It has offices in Melbourne, Singapore, San Francisco and Frankfurt.
Your client is interested in accessing the Japanese market. Senior managers of DigiAdvance are due to visit your law firm later today to seek strategic advice about how to do so. In particular, your client is interested in JSportAI KK, a start-up that is developing robotics and AI technology for sports, particularly tennis.
For example, JSportAI KK has developed new line-calling camera technology. Although Hawkeye remains the preferred technology at professional tennis events, JSportAI's technology that includes better audio responses. Instead of calling "fault" or "out", it can also detect when a call is close and give a verbal explanation of where the ball landed to satisfy incredulous players and fans -- for example, that the ball landed 10% on the outside edge of the baseline. It also has software which contains an "emotion chip" that can provide "gentler voices" depending on the stage of the match, such as in a tiebreak. In Japan, however, the technology has been deployed in country clubs -- tennis is mostly a club sport for wealthy people in Japan, especially in the larger metropolitan cities -- and it has two problems for your client: (a) the audio messages are in Japanese; and (b) the encoded voices are "cute" anime-style voices that, while fun for the country club setting, are not appropriate for professional, globally-televised matches.
JSportAI KK has also developed "live re-scheduling" software that can shift matches to different courts to ensure against late-ending night matches. This has immediate applications for professional tennis events, where some matches can stretch into the early hours of the morning. However, in light of the Sabalenka-Krejikova quarter-final controversy at the 2024 Australian Open (where the women players were asked to move from the main arena to a secondary court, a request they both refused), your client is concerned that the software code ensures gender equity in the algorithmic decision-making.
Your client is interested in JSportAI because it has been approached by Wimbledon and the US Open event organisers to develop "the next stage" in technology for improving the "quality of umpiring, efficiency in scheduling and other aspects of the fan experience" at these grand slam events in 2024. Although the tournaments are happy with Hawkeye, there are still complaints from certain players -- for example, Jelena Ostapenko -- that the technology might be unreliable; they want "Ostapenko-proofing". If your client is able to collaborate with JSportAI to develop new technological products and services for Wimbledon and the US Open, then interest would surely spread to the other grand slams, professional tournaments on the WTA and ATP tours, as well as lower-tier ITF and Futures events.
In short, your client is interested in negotiating for the purchase of JSportAI's new line-calling hardware but with the option to customise the technology so that it can communicate in English and remove the "cutesy" element in the emotion chip. It also wants to use the live-re-scheduling technology but with a gender-equity check built into the program.
According to the client's instructions, what type of business transactions might the client engage in?
How do these different modes of international business transactions vary in terms of (a) risk exposure and (b) control over production and sales?
What are some of the risks or challenges facing your client as it seeks to do business with JSportAI?
Step 1: Identify trends in Japanese litigation rates. What might this signify about how the Japanese engage with formal law in business and general life?
(a) One of the central puzzles in Japanese law is whether the law is central or marginal in Japanese society. Consider the charts to the right. What do they tell us about Japanese engagement with the legal system to resolve disputes or assert rights in the post-war period?
Step 2: Compare Japan with other countries.
Japanese litigation levels are lower than most other democracies. Consider the following statistics from a German study in 1994:
Japan had 9.3 cases per 1,000 people
Germany had 232.2
UK had 64.4
US had 74.5
France had 40.3
Do you think Japanese litigation is "too low" for a modern democracy?
Step 3: Re-evaluate the statistics. Are there any notable trends?
Now, let's look at the statistics more carefully....
What has changed about the use of law in Japan? What has remained the same?
Step 4: Supplement statistical analysis with qualitative evidence
Consider these clips of television dramas or comedies, all featuring legal characters, settings or themes, canvassing the 1980s to the early 2000s.
Although fiction, popular culture, according to Lawrence Friedman, is an indirect source of social attitudes.
Analysing the plot, setting, character, dialogue, music and camera angles (etc), what do these clips reveal about how Japanese attitudes towards law have evolved over the last 30-40 years?