BUS_LAW_320_last_class_ecommerce_and_accountant_liability

BUS_LAW_320_last_class_ecommerce_and_accountant_liability -...

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BUS LAW 320 Final class Spring 2011 Jordan Breslow TOPICS COVERED 1. E-Commerce and Internet law 2. Liability for Accountants E-COMMERCE AND INTERNET LAW What law governs? What state law? Example: Milpitas, CA couple prosecuted for obscenity in TX Example: legal age limit for buying alcohol ? What national law? Example: laws of privacy, copyright, defamation, etc. vary widely Jurisdiction: when does a state have the right to exercise jurisdiction over a web operation based in another state? (a) ALS Scan v. Digital (i) sliding scale from passivity to directed interactivity to clearly doing business. (ii) Ct has jurisdiction over ISP/website based in another state where it: (A) Directs electronic activity into the forum state (B) With the manifest intent of doing business or other interactions in that state (C) (which creates a cause of action cognizable in that state) (B) Digital must do “something more” than just putting up a website (b) Intercon v. Bell Atlantic (10th Circ) (i) Defendant subject to personal jurisdiction where it mistakenly routed e- mail through Plaintiff’s servers (ii) Court finds purposeful direction (A) D purposefully sent mail, regardless of intent that it end up in OK (c) (i) For cyber jurisdiction, need purposeful availment, plus “something more”
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(ii) Something more = express aiming (iii) Express aiming = intentional conduct individually targeting a known forum resident. (iv) Establishes that knowledge of where harm is occurring is crucial. (v) (d) Gorman v. Ameritrade (i) Court rejects Ameritrade’s argument that their business is conducted in the “borderless environment of cyberspace” (ii) http://students.law.ucdavis.edu/lsa/outlines.shtml First principle: the “real world” laws apply in the virtual world Example: Libel in a newspaper is libel if it is on a blog Example: privacy rights can be invaded online or offline Example: copyright and Trademarks on the Internet alive and well You need permission to load content Is fair use more expansive on line? Is there an implied license if a content owner posts his/her work online? To do what? Print? Sell? Link? If for commercial use, case law presumes not fair use Use of meta-tags and keywords as trademark infringement Practitioners and e-businesses alike should be aware that a large number of cases have arisen involving meta-tags and trademark disputes . Many of these cases have involved situations where, in an effort to drive traffic to their sites (and away from competitors), web developers have used the trademarks of competitors in their meta-tags. One major case involving such a dispute was Playboy Enterprises, Inc. v. Welles (Website)(Playboy). The defendant in that case, a former Playboy
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BUS_LAW_320_last_class_ecommerce_and_accountant_liability -...

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