Cyberlaw Text and Cases

ISBN-10: 0324164882
ISBN-13: 9780324164886
Edition: 2nd 2004 (Revised)
List price: $322.95
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Description: This exciting text assists aspiring business managers in recognizing the legal issues relevant to maintaining and doing business in an e-commerce world. It covers relevant legal issues, applicable court decisions, federal and state statutes,  More...

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Book details

List price: $322.95
Edition: 2nd
Copyright year: 2004
Publisher: Cengage South-Western
Publication date: 7/7/2003
Binding: Hardcover
Pages: 480
Size: 7.50" wide x 9.50" long x 1.00" tall
Weight: 2.332
Language: English

This exciting text assists aspiring business managers in recognizing the legal issues relevant to maintaining and doing business in an e-commerce world. It covers relevant legal issues, applicable court decisions, federal and state statutes, administrative rulings, legal literature, and ethical considerations relating to Internet law.

Preface
List of Cases
Introduction to Cyberlaw
Technology and Cyberlaw
Introduction
History of the Internet
History of the World Wide Web
How the Internet Works
Regulation of Cyberspace
Business Uses of Internet Technologies
Globalization
Law and Cyberspace
Summary
Key Terms
Manager's Checklist
Jurisdiction
Introduction
Categories of Jurisdiction
Traditional Principles of Jurisdiction
Judicial History of Personal Jurisdiction
Personal Jurisdiction in the Online Environment
Pavlovich v. The Superior Court of Santa Clara County and DVD Copy Control Assn., Inc.
Verizon Online Services, Inc. v. Ralsky
Am. Online, Inc. v. Superior Court (Mendoza)
International Jurisdiction in Cyberspace
Principles of National Enforcement
Yahoo!, Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Intellectual Property Issues in Cyberspace
Trademarks
Introduction
Intellectual Property
Trademarks
Trademarks as Distinctive: Either Inherently or Through a Secondary Meaning
Julia Fiona Roberts v. Russell Boyd
Trademark Infringement and Dilution
Checkpoint Systems, Inc. v. Check Point Software Technologies, Inc.
A.B.C. Carpet Co., Inc., et al. v. Naeini
Trademarks in Cyberspace: Cyberpiracy and Internet Technology
E & J Gallo Winery v. Spider Webs Ltd.
Playboy Enterprises Inc. v. Welles
International Regulation and Enforcement of Trademark Law
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Copyrights
Introduction
Copyright Act of 1976
Constitutional Challenge to the Sonny Bono Copyright Term Extension Act
Eldred v. Ashcroft
Exclusive Statutory Rights of a Copyright Owner
Theories of Liability for Copyright Infringement
Religious Technology Center v. Netcom On-Line Communication Services, Inc.
Limitations on Copyright Owners' Exclusive Rights
Remedies for Copyright Infringement
The Digital Millennium Copyright Act (DMCA)
Safe Harbor for Online Service Providers Under the DMCA
Section 512 of the Digital Millennium Copyright Act (DMCA) and the Napster Case
International Regulation and Enforcement of Copyright Law
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Business Methods Patents and Trade Secrets
Introduction
Business Methods Patents
Patent Law as It Relates to Business Practices
The Patentability of Software and Business Methods Patents
State Street Bank & Trust Co. v. Signature Financial Group, Inc.
Marketel International, Inc. v. Priceline.com
Enforcing Patent Rights: Plaintiff's Case
Amazon.com, Inc. v. Barnesandnoble.com, Inc.
Defendant's Case
The Future of Business Methods Patents: The Problems/Vulnerabilities in the Present System
International Recognition and Enforcement of Business Methods Patents
Trade Secrets: An Alternative Strategy to Patenting
DVD Copy Control Association v. Bunner
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Business and Financial Issues in Cyberspace
Online Contracting
Introduction
Fundamental Principles of Contract Law
The Requirements of a Contract
Warranties, Disclaimers, and Terms of Use
The Developing Uniform E-Commerce Law: UCITA and UETA
Electronic Signatures
Software Licensing
Click-Wrap, Shrink-Wrap, and Browse-Wrap Agreements
ProCD, Inc. v. Zeidenberg
Specht v. Netscape Communications Corp.
E-Commerce and Insurance: Insuring Online Contracting Risk
State Auto Property & Casualty Insurance Company v. Midwest Computers & More
American Guarantee & Liability Insurance Company v. Ingram Micro, Inc.
International Aspects of Electronic Contracting
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Sales Tax in E-Commerce
Introduction
National Bellas Hess, Inc. v. Dept. of Rev. of the State of Illinois
Quill Corp. v. North Dakota
A New Sales Tax System: The Streamline Sales Tax Project (SSTP)
International Internet Taxation
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Online Securities Offerings and Transactions
Introduction
Raising Capital: Online Securities Offerings
Securities and Exchange Commission v. SG Ltd.
Securities and Exchange Commission v. Abacus International Holdings Corp.
Haack v. Max Internet Communications, Inc.
Hart v. Internet Wire, Inc. & Bloomberg L.P.
Online Transactions in Securities
International Aspects of Online Securities Offerings
Securities and Exchange Commission v. Gold-Ventures Club
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Special Issues in Cyberspace
Privacy
Introduction
Sources of the Right to Privacy
Common Law Torts for Invasion of Privacy
Katz v. United States
Federal Privacy Laws
Federal Legislation: Credit and Financial Records
Federal Legislation: Privacy in Personal Financial Information
Federal Legislation: Privacy in Health and Medical Records
Privacy Protection for Children from the Collection of Online Personal Information
In Re DoubleClick Inc., Privacy Litigation
Privacy and Spam ("Unsolicited Commercial E-Mail")
Cyber Promotions, Inc., v. America Online, Inc.
CompuServe, Inc., v. Cyber Promotions
Workplace Privacy
Michael A. Smyth v. Pillsbury Company
Robert Konop v. Hawaiian Airlines
Conclusion
Global Issues of Privacy in Cyberspace
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Obscenity
Introduction
First Amendment Protection: Freedom of Expression
Miller v. California
United States v. Thomas
Government Regulation of Cyberporn
U.S. v. Playboy Entertainment Group, Inc.
Child Pornography
Ashcroft v. American Civil Liberties Union
Osborne v. Ohio
Employees' Access to Adult-Oriented Web Sites
Urosky et al. v. Gilmore
International Regulation of Obscenity
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Defamation
Introduction
The Tort of Defamation
Defamation in Cyberspace: Slander or Libel?
Liability of Online and Internet Service Providers for Defamation
Immunity for Service Providers for Offensive Material
Zeran v. America Online, Inc.
Sidney Blumenthal v. Matt Drudge and America Online, Inc. (AOL)
Anonymous Speech and Defamation
SLAPP Suits
International Regulation of Online Defamation
Ellis v. Time
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Internet and Information Security
Introduction
The Challenges of Internet and Information Security
The Goals of Internet and Information Security
Universal City Studios, Inc., Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner Entertainment, Disney Enterprises, Twentieth Century Fox v. Corley
Junger v. Daley
Bernstein v. U.S. Department of Commerce
Kyllo v. United States
United States v. Scarfo
Karn v. Department of State
International Aspects of Internet and Information Security
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Internet and Computer Crime
Introduction
The Nature of Computer Crime
The Role of Computers in Crime: Crimes and Perpetrators
Crimes Being Committed in Today's Networked Environment
United States v. Sample
Ashcroft v. Free Speech Coalition
United States v. Morris
United States v. Czubinski
United States v. Rothberg
Corporate Forensics and the Impact of the Internet: Gathering and Preserving Evidence
International Aspects of Internet Crime
Summary
Key Terms
Manager's Checklist
Case Problems
Additional Readings
Appendices
Glossary
Index

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