Transcript Chapter 009 - Traditional & E-Commerce Contracts

Chapter 17
E-Commerce and Digital
Law
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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
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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
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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 email as such
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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?
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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 email users and websites
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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?
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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 peninscribed signature on paper
 Allows for verification of digital signatures
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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
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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
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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
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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
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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
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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
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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
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Exhibit 17.2: Commonly Used Top-Level
Extensions for Domain Names
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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
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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?
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