View
216
Download
1
Category
Tags:
Preview:
Citation preview
25-1
Chapter 17E-Commerce and Digital Law
Internet
Collection of millions of computers that provide a network of electronic connections
World Wide Web Millions of computers supporting HTTP Web sites and pages are stored on servers operated
by Internet service providers Pages are viewed through web browsers Facilitates online commercial activities
17-2Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Mail Contracts
Completed using e-mail Enforceable as long as they meet the requirements
necessary to form a traditional contract Must meet the requirements of the Statute of Frauds
17-3Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Mail Contracts
CAN-SPAM Act Restricts unsolicited commercial advertising
(spam) e-mail to e-mail accounts Prohibits falsified headers Prohibits deceptive subject lines Requires spammers to label sexually oriented e-
mail as such
17-4Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Case 17.1: E-Mail Spam
Case Facebook, Inc. v. Porembski Web 2011 U.S. Dist. Lexis 9668 (2011) United States District Court for the Northern District of
California
Issue Did the defendants violate the CAN-SPAM Act?
17-5Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Mail Contracts
Internet Service Providers Companies providing access to Internet to
individuals and businesses Communications Decency Act: A federal statute
that provides that Internet service providers are not liable for the content transmitted over their networks by e-mail users and websites
17-6Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Case 17.2: Web Contract
Case Hubbert v. Dell Corporation 835 N.E.2d 113 (2005) Appellate Court of Illinois
Issue Were the Terms and Conditions of Sale adequately
communicated to the plaintiffs?
17-7Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Commerce and Web Contracts
Electronic Signatures in Global and National Commerce Act (E-SIGN Act) Recognizes electronic signatures Give them the same force and effect as pen-
inscribed signature on paper Allows for verification of digital signatures
17-8Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Commerce and Web Contracts
Counteroffers against an electronic agent Electronic agent: Any computer system that has
been established by a seller to accept orders Counteroffers are not effective against these
electronic agents
17-9Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Licensing
Uniform Computer Information Transactions Act (UCITA): A model state law that creates contract law for the licensing of information technology rights Governs creation, performance, and enforcement
of computer information transactions
17-10Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Licensing
License: A contract that transfers limited rights in intellectual property and informational rights
Licensor: The owner of intellectual property or informational rights who transfers rights in the property or information to the licensee
Licensee: The party who is granted limited rights in or access to intellectual property or informational rights owned by the licensor
17-11Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Licensing
Exclusive License: A license that grants the licensee exclusive rights to use informational rights for a specified duration
Electronic license: A contract whereby the owner of software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions
17-12Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
E-Licensing
Licensing Agreement: A detailed and comprehensive written agreement between a licensor and a licensee that sets forth the express terms of their agreement
17-13Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Privacy in Cyberspace
Electronic Communications Privacy Act: Makes it a crime to intercept electronic communication at any point Exceptions:
The party or entity providing the electronic communication service
Government and law enforcement entities that are investigating suspected illegal activity
17-14Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Domain Names
Domain name: A unique name that identifies an individual’s or a company’s website
May be registered by filing the appropriate form with a domain name registration service and paying the required fee
17-15Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Exhibit 17.2: Commonly Used Top-Level Extensions for Domain Names
17-16Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Domain Names
Anticybersquatting Consumer Protection Act: A federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith
Requisites for claim: The name must be famous The domain name was registered in bad faith
17-17Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Case 17.3: Domain Name
Case New York Yankees Partnership d/b/a The New
York Yankees Baseball Club Claim Number FA0609000803277 (2006) National Arbitration Forum
Issue Did Moniker violate the ICANN’s Uniform
Domain Dispute Resolution Policy?
17-18Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
17-19Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Recommended