I'm not sure I understand, why is that important? The way I read it is that whether or not they're associated with captions they still require subtitles if the company is registered in the "wrong" (I'd argue right) state and the the video contain speech.
Flowplayer Ltd is located in Finland but this does not matter here. What matters here is the feature set and how each feature is prioritized.
For the first release we picked the ones we thought were absolutely necessary to make a great product. For the next one we fill in the gaps. For some people captions are highly critical and we cannot please them with Flowplayer 5. For them we recommend our flash offering
mfjordvald is saying that the company serving the video can be in one of these "wrong" US states where captions are required. Does not really matter where Flowplayer Ltd is located.
However, most web videos today are not associated with captions and made us ignore this from the initial release.