E-Commerce & Internet Law: Treatise with Forms, 2d

Ian C. Ballon

Binder/Looseleaf

Last Updated: 11/2/2009

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Description

The revised and updated edition of this comprehensive work provides you with a complete legal authority on e-commerce and Internet law, covering business-to-business and business-to-customer issues, regulatory issues, and emerging trends. It includes practice tips and forms and its unique organization facilitates finding quick answers to your questions. This valuable resource on Internet and e-commerce issues contains nearly 10,000 detailed footnotes, plus references to more than 100 unpublished court decisions, many of which are not available anywhere else.

Features

Discusses the FTC's new CAN-SPAM Act regulations, as well as recent case law
Provides a comprehensive analysis of database protection and the laws governing screen scraping
Offers a road map for resolving trademark and domain name disputes, including jurisdictional issues, contributory infringement, and fair use
Updated to include the PRO-IP Act of 2008, Massachusetts Information Security statute, and other new laws
Covers licensing user-generated content, music, and database access; resolving Tasini problems; and the Google Book project
Analyzes the impact of new decisions on the Communications Decency Act exemption from the Fifth, Seventh, and Ninth Circuits

Summary Of Contents

Summary of Contents (PDF) »

Volume 1
- Part I. Sources of Internet Law and Practice: A Framework for Developing New Law
  Chapter
  1. Context for Developing the Law of the Internet
  2. A Framework for Developing New Law
  3. Using the Internet in Your Legal Practice: Online Resources and Strategies
- Part II. Intellectual Property
  1. Copyright Protection in Cyberspace
  2. Database Protection and Screen Scraping
  3. Trademark, Service Mark, Trade Name and Trade Dress Protection in Cyberspace
  4. Rights in Internet Domain Names
  5. Internet Patents
  6. Search Engines and Information Distribution Systems—Unique I.P. Issues
Volume 2
- Part III. Licenses and Contracts
  1. Documenting Internet Transactions: Introduction to Drafting License Agreements and Contracts
  2. Drafting Agreements in Light of Model and Uniform Contract Laws: UCITA, the UETA, Federal Legislation and the EU Distance Sales Directive
  3. Internet Licenses: Content, Access and Development
  4. Licensing Pre-Existing Content for Use Online: Music, Literary Works, Video, Software and User Generated Content
  5. Drafting Internet Content and Development Licenses
  6. Website Development and Hosting Agreements
  7. Website Cross-Promotion and Cooperation: Co-Branding, Widget and Linking Agreements
  8. Obtaining Assent in Cyberspace: Contract Formation for Click-Through and Other Unilateral Contracts
  9. Structuring and Drafting Website Terms and Conditions
  10. ISP Service Agreements
  11. Software as a Service: On-Demand, Rental and Application Service Provider Agreements
- Part IV. Privacy, Security and Internet Advertising
  1. Introduction to Consumer Protection in Cyberspace
  2. Data Privacy
Volume 3
- Part V. The Conduct and Regulation of Internet Commerce
  1. Online Financial Transactions and Payment Mechanisms
  2. Online Securities Law
  3. Taxation of Electronic Commerce
  4. Antitrust Restrictions on the Conduct of Electronic Commerce
  5. State and Local Regulation of the Internet
  6. Best Practices for U.S. Companies in Evaluating Global E-Commerce Regulations and Operating Internationally
- Part VI. Internet Speech, Defamation, Online Torts and the Good Samaritan Exemption
  1. Defamation, Torts and the Good Samaritan Exemption
  2. Tort and Related Liability for Hacking, Cracking, Computer Viruses, Disabling Devices and Other Network Disruptions
  3. E-Commerce and the Rights of Free Speech, Press and Expression In Cyberspace
Volume 4
- Part VII. Obscenity, Pornography, Adult Entertainment and the Protection of Children
  1. Child Pornography and Obscenity
  2. Laws Regulating Non-Obscene Adult Content Directed at Children
  3. U.S. Jurisdiction, Venue and Procedure in Obscenity and Other Internet Crime Cases
- Part VIII. Theft of Digital Information and Related Internet Crimes
  1. Detecting and Retrieving Stolen Corporate Data
  2. Criminal and Related Civil Remedies for Software and Digital Information Theft
  3. Crimes Directed at Computer Networks and Users: Viruses and Malicious Code, Service Disabling Attacks and Threats Transmitted by Email Crimes Directed at Computer Networks and Users
  4. Identity Theft
  5. Civil Remedies for Unlawful Seizures
- Part IX. Liability of Internet Sites and Services (Including Social Networks and Blogs)
  1. Assessing and Limiting Liability Through Policies, Procedures and Website Audits
  2. Website Owner and Service Provider Liability for User Generated Content and User Misconduct
  3. Strategies for Managing Third-Party Liability Risks
  4. Web 2.0 Applications: Social Networks, Blogs, Wiki and UGC Sites
- Part X. Civil Jurisdiction and Litigation
  1. General Overview of Cyberspace Jurisdiction
  2. Personal Jurisdiction in Cyberspace
  3. Venue and the Doctrine of Forum Non Conveniens
  4. Choice of Law in Cyberspace
  5. Internet ADR
  6. Internet Litigation
  7. Email and other Electronic Communications in Litigation and in Corporate and Employer Policies
  8. Use of Email in Attorney-Client Communications
- Glossary of Terms

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