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ISBN 10: 019101835X
ISBN 13: 9780191018350
Author: Chris Reed
This edition is fully updated to reflect the Digital Economy Act 2010 and changes to consumer protection law at EU level including the Unfair Commercial Practices Directive. Analysis of recent case law is also incorporated including, amongst others, the series of trade mark actions against eBay and copyrights suits against Google as well as the implications for IT contracts of BSkyB Ltd v HP Enterprise Services UK Ltd. All chapters have been revised to take into account the rapid evolution of the ways in which we consume, generate, store and exchange information, such as cloud computing, off-shoring and Web 2.0. Now established as a standard text on computer and information technology law, this book analyses the unique legal problems which arise from computing technology and transactions carried out through the exchange of digital information rather than human interaction. Topics covered range from contractual matters and intellectual property protection to electronic commerce, data protection and liability of internet service providers. Competition law issues are integrated into the various commercial sections as they arise to indicate their interaction with information technology law.
PART I: COMMERCIAL EXPLOITATION OF INFORMATION TECHNOLOGY PRODUCTS AND SERVICES
1. SYSTEM SUPPLY CONTRACTS
1.1 Introduction
1.2 Principal Legal Issues Applicable to System Supply Contracts
1.3 Commercial and Drafting Aspects
1.4 Additional Considerations for Specific Contracts
1.5 Conclusion
2. MASS MARKET CONTRACTING
2.1 Introduction
2.2 Governing Rules of Law
2.3 Intervention by Regulatory Authorities
2.4 Intervention by Other Interested/Affected Parties
2.5 Common Terms and Key Issues in Mass Market Contracting
2.6 Conclusion
3. INFORMATION TECHNOLOGY OUTSOURCING AND SERVICES ARRANGEMENTS
3.1 Introduction
3.2 The IT Outsourcing Contract
3.3 Sale Agreements
3.4 Staff and Transfers of Undertakings
3.5 Exit Issues
3.6 Conclusion
PART II: ONLINE COMMERCE
4. ELECTRONIC COMMERCE
4.1 Introduction—What is Electronic Commerce?
4.2 Online Contracts
4.3 Electronic Records as Evidence
4.4 B2B e-Commerce
4.5 B2C e-Commerce
4.6 Cross-Border Issues
5. ONLINE INTERMEDIARIES
5.1 Introduction—What is an Online Intermediary?
5.2 Online Intermediaries and Liability
5.3 Conclusion
PART III: INTELLECTUAL PROPERTY AND RELATED RIGHTS IN INFORMATION TECHNOLOGY
6. PATENT PROTECTION FOR COMPUTER-RELATED INVENTIONS
6.1 An Overview of the Patent System
6.2 Patents for Computer-Related Inventions in Detail
6.3 Other Aspects of Patent Law
6.4 Why Exclude Anything from Patentability?
6.5 The Future
7. COPYRIGHT IN INFORMATION TECHNOLOGY AND DATA
7.1 Introduction
7.2 In What Can Copyright Subsist?
7.3 Ownership and Duration of Copyright
7.4 Infringement of Copyright
7.5 Scope of Protection for Computer Programs and Data
7.6 Moral Rights
7.7 Civil Remedies, Criminal Sanctions, and Procedural Matters
8. DATABASE PROTECTION
8.1 Electronic Databases and the Need for Legal Protection
8.2 Electronic Database Characteristics
8.3 Rationales for Protecting Databases
8.4 Legal Structures for Protection
8.5 UK Protection of Databases Through Copyright
8.6 Database Right
8.7 Rights of the Database Owner
8.8 Future Developments
9. ONLINE USE OF TRADE MARKS AND DOMAIN NAMES
9.1 Introduction
9.2 Trade Marks
9.3 Infringement Online
9.4 Domain Name Alternative Dispute Resolution
9.5 Jurisdiction
PART IV: ELECTRONIC PRIVACY AND ACCESS TO INFORMATION
10. PRIVACY AND DATA PROTECTION
10.1 Introduction
10.2 International Developments
10.3 Data Protection Act 1998
10.4 Data Protection and Telecommunications
10.5 Concluding Remarks
11. ACCESS TO ELECTRONIC INFORMATION
11.1 Introduction
11.2 Data Protection Act 1998
11.3 Freedom of Information Act 2000
11.4 Environmental Information
11.5 Consumer Information and e-Commerce
11.6 Local Authority Records and Reports
11.7 Medical Records and Information
11.8 Access to Information as a Human Right?
PART V: ELECTRONIC INFORMATION MISUSE
12. COMPUTER CRIME AND INFORMATION MISUSE
12.1 Introduction
12.2 Computer-Related Offences
12.3 Content-Related Offences
12.4 Computer Integrity Offences
12.5 International Harmonization
12.6 Jurisdictional Issues
12.7 Forensic Issues
12.8 Evidential Issues
12.9 Concluding Remarks
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Tags: Chris Reed, Computer, Law
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