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Using Facebook's voluminous and illustrative history of litigation, as well as his own personal experience in over a decade of publishing websites and creative media, Chris will take us through a fun, funny, and simple outline of what the practical implications of the law are for web developers and their clients.
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The Law & the Internetsor
The things I've learned in law school that scare me at my day job
Who am I?
Chris Stoll15 years experienceMusic PublishingVideo PublishingGraphicsWebsite DesignLegal/History nerd
How do I copyright this logo or music release? If I promote the music now, can people steal it?
My manager says the label name needs a trademark on the cd spine. why?
I paid this photographer $50 for the website photo. Can he come after me later if we sell 50,000?
what if my client won't pay on time? or owes me money?
what if I have a reasonable dispute over terms and a client sues me?
WHAT IF I KILL MY CLIENT
WTF is the LAW?
● strives to be a meaningful collection of all known solutions to problems that occur when opposing human interests collide
● philosophy, logic, "fairness"
● more ancient forms of human reasoning, mythology and theology
● the rules we have to live by if we don't wanna get sued or thrown in jail.
Why should a web pro care?
● Business issues like Intellectual Property, Transactions
● Personal issues○ Privacy, Likeness, Speech Rights - Your Work, Your
Trade Identity, etc.
● Societal issues○ Standards that ease responsible coding○ Accessibility, safety, privacy
● <blink>Code has Consequences!</blink>
Long history of legal interactions○ Not problems - "interactions" - opposing human
interests collided in a new way, so a solution had to be found through legal process
● 100% real where real stuff really happens○ Not virtual anymore - there is no physical analog to
facebook, not even standing in a room talking.○ No previous collision is similar enough to provide a
template for the solution - hence lawsuits
● A separate country, and its own Internet
LAWSUITS!!!(court paperwork would be freindlier in comic sans)
Introducing our tour guide, Facebook
Intellectual Property
● A constitutional recommendation to protect creativity
● Trademark:○ Brand Protection: Teachbook, Faceporn○ Facebook v. Teachbook - Similarity, Confusion○ Don't spin off existing brands - be original!
● Copyright:○ Content protection: using photos, original content
in unauthorized ways○ Miller v. Facebook - Code v. Content, Performance
v. Distribution○ Don't use that image! not even for a second!
Contracts & Transactions● A contract is a transaction is an agreement is a
promise (sort of)
● Agreements:○ Pending litigation re: cookie use after logging out○ Breach of contract?○ In re Facebook PPC Advertising
■ click fraud, breach of contract, etc■ Defendant's own conduct - invalid clicks that
cost money○ In your code, are you careful to make sure that it
only does what you say it will do?○ Security, e-commerce, subscriptions, etc.
It's what you do not what you write or say
but written K is best evidence so
write/say what you mean to do - do what you said
Personal Issues
● Privacy○ Misappropriation of Likeness - Cohen v. Facebook○ Defamation/false light - Goldsmith v. Facebook etc○ Invasion - Maguire, Simon v. Facebook
● Free speech○ The web is a historically free forum○ One person's story is another person's privacy
violation, or reputation damage, etc.○ A collision of human Interests!○ Students suspended - people fired - etc.
Societal Issues
● Accessibility○ Surprisingly no - but JetBlue, Southwest, etc. Is it
a place of public accomodation - ADA issue○ Thought experiment -
● Bettering the web & facing the future○ Encouraging development and use of standards that
encourage and ease compliance○ Privacy, accessibility, contract signing, copyright
protection, etc can and will eventually be improved and eased by standards and automated solutions that are widely adopted - how will they work?
The Future?W3C Standards? or new Laws? Standards always work better than laws:<contract action="affirm" method="post"... /> <term required non-negotiable>Blah..</term> <term negotiable>Blah blah... </term> <signature /></contract>Imagine a browser that understands this "form on steroid"... proper warnings, repeating signature, checking next to each term to indicate reading, etc... could be browser-standard. And that's just contracts!