Summary
Written by nationally recognized Internet law experts, E-Business Legal Handbook provides specific guidance on how to manage risk and avoid liability in the full range of e-business transactions. it brings you fully up-to-date on future implications of the Uniform Computer Information Transactions Act (UCITA), and spells out the preventive law and client planning strategies companies can take to avoid costly Internet-related lawsuits. You'll discover practical solutions for: Creating and establishing a corporate identity--Selecting an appropriate domain name...protecting and establishing trademark. Going online-Developing an Internet site...accessing the Internet via an Internet Service Provider...resolving legal and policy issues surrounding the firm's website. Entering into and enforcing contracts-Identifying the parties...enforcing web wrap, web linking and web development agreements...limiting liability for damages and warranties...using digital signature technology. Collecting revenue/establishing payment systems-Digital cash...encryption...establishing merchant account...setting up a virtual storefront. Establishing a marketing presence-Creating links to and from a corporate web page...drafting a disclaimer of endorsement of and liability for linked sites. Distributing products--Complying with the UCC, UCITA, And The Uniform Electronic Transactions Act (UETA). Planning for strategic use of jurisdiction-Venue...conflict of interest...choice of law...forum and venue provisions. Civil liability in cyberspace-Bases for a company's liability...avoiding cyberspace liability...defenses to tort action. Assuring Internet security--Technical elements of Internet security...digital signatures...liability for negligence...contracts and disclaimers. Resolving cyberspace disputes-How to draft ADR clauses for cyberspace...how damages involving Internet disputes are computed. and more! Always Current E-Business Legal Handbook is completely up-to-date. But to make sure you're always abreast of the latest legal developments, you will automatically receive -- risk-free with no obligation to purchase -- updates and/ or new editions. You will be billed separately at the then-current price. Upon receipt, you will have 30 days to purchase or return. Of course, you may cancel this automatic supplementation program at any time simply by notifying Aspen Law & Business in writing.
Author Biography
Michael L. Rustad, Ph.D., J.D., LL.M, holds the Thomas F. Lambert, Jr. endowed chair and is a Professor of Law and the Director of the High Technology Law Program at Suffolk University Law School in Boston, Massachusetts, where he teaches Internet Law, Torts, Computer Law, and Commercial Law. Professor Rustad was a former associate of the Boston law firm Foley, Hoag and Eliot. During the summer of 2000, he taught Global Internet Law in Suffolk's summer program at the University of Lund in Sweden. He is a member of the Massachusetts, U.S. District Court of Massachusetts, First Circuit U.S. Court of Appeals, and U.S. Supreme Court bars. He is also a member of the American Law Institute's Member Consultative Group revising Articles 2 and 2A of the Uniform Commercial Code. He was a task force leader of the American Bar Association's Subcommittee on Information Licensing. He is the author of The Concepts and Methods of Sales, Leases and Licenses (Carolina Academic Press, 1999) and numerous law review articles. Cyrus Daftary, J.D., LL.M., is Director of Tax Technology at PricewaterhouseCoopers and an adjunct professor in Suffolk University Law School's High Technology Law Program and in Suffolk University's Frank Sawyer School of Management. He received his J.D. from the University of Dayton School of Law and his LL.M. Corporate Tax from Temple University. Mr. Daftary has served as a corporate counsel and consults with law firms and companies throughout the country on the use of technology in law practice. He was founder of Suffolk University Law School's first course in Cyberspace Law. He teaches law students and lawyers throughout the country on the use of electronic research methods and Cyberlaw-related issues as well as teaches e-Commerce to business students. He is a member of the Indiana, U.S. District Court, U.S. Court of Appeals, and U.S. Supreme Court Bars.
Table of Contents
Contents |
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xi | |
About the Authors |
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xxxi | |
Acknowledgments |
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xxxiii | |
Overview: The Rise of the Internet |
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xxxv | |
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1 | (42) |
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Establishing and Maintaining and Identity on the Internet |
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43 | (66) |
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109 | (72) |
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Protecting Intellectual Property in Cyberspace |
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181 | (154) |
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Tort Liability in Cyberspace |
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335 | (88) |
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The Law of E-Commerce Transactions |
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423 | (146) |
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Exposure to Lawsuits in Distant Forums: Jurisdiction |
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569 | (48) |
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Conducting a Legal Audit and Managing Risk |
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617 | (106) |
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E-Mail and Internet Usage Policies |
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723 | (88) |
Appendixes |
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811 | (52) |
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Appendix A: SPC's Business Plan |
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|
813 | (22) |
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Appendix B: Internet Resources for Lawyers |
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835 | (28) |
Index |
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863 | |