Computer Law

by Reed, Chris; Angel, John

• ISBN13: 9781841740164
• ISBN10: 1841740160
• Edition: 4th
• Format: Paperback
• Copyright: 2002-11-07
• Publisher: Blackstone Press

Summary

As businesses become increasingly dependent on computers, the law surrounding their supply and use is no longer a matter simply for the specialist lawyer, but for all lawyers and potential users. This book introduces the reader to the principles of law which govern dealings in, and the use of, computer technology. It proposes solutions to common problems, with chapters specially commissioned from authors who are experts in their own fields. The fourth edition includes chapters on electronic contracting liability of online intermediaries outsourcing of IT database rights and employment rights. The existing chapters have themselves been substantially revised to cover the latest developments in this fast growing area of the law.

Author Biography

The Editors: Chris Reed is Professor of Electronic Commerce Law and Head of the Information Technology Law Unit at the Centre for Commercial Law Studies (CCLS), Queen Mary & Westfield College, University of London and a consultant to City law firm Tite & Lewis in association with Ernst & Young. John Angel is a Senior Visiting Fellow at the CCLS and the Head of International Online Legal Services at Clifford Chance.

Table of Contents

Preface	ix
Preface to the First Edition	xi
Contributors	xiii
Table of Cases	xix
Table of Statutes	xxxi
Table of International Legislation	xxxvii
Table of Statutory Instruments and European Secondary Legislation	xli
Introduction	1	(7)
Chris Reed
Defining computer law
Common themes
System Supply Contracts	8	(41)
Jeremy Newton
Introduction
Principal legal issues applicable to system supply contracts
Commercial and drafting aspects
Additional considerations for specific contracts
Conclusion
Information Systems Outsourcing	49	(38)
Alison Welterveden
Introduction
The IS outsourcing contract
Sale agreements
Staff
Exit issues
Liability	87	(28)
Chris Reed
Alison Welterveden
Contractual liability
Exclusion clauses
Third party rights
Strict liability --- the Consumer Protection Act 1987
Negligence
Conclusion
Patent Protection for Computer-Related Inventions	115	(49)
Tim Press
An overview of the patent system
Patents for computer-related inventions in detail
Other aspects of patent law
Why exclude anything from patentability?
The future
Design Right and Semiconductor Chip Protection	164	(13)
Robert Hart
Chris Reed
Design right
Semiconductor chip protection
The WIPO Treaty
Conclusions
Copyright	177	(50)
Christopher Millard
Introduction
In what can copyright subsist?
Ownership and duration of copyright
Infringement of copyright
Scope of protection for computer programs and data
Moral rights
Civil remedies, criminal sanctions and procedural matters
Property in Databases	227	(17)
Simon Chalton
The case for legal protection of databases
Database protection under pre-1998 UK law
Development of the database directive
The scope of the database directive
The meaning of `database'
Copyright in databases
The new sui generis database right
Terms of protection
Transitional provisions
Reciprocity and the sui generis right
Conclusions
Protecting Confidential Information	244	(33)
Allison Coleman
The civil action for breach of confidence
Jurisdiction
The special problem of confidential information acquired by improper means
The criminal law
Computer Crime	277	(22)
Ian Walden
Introduction
Traditional criminal offences
Computer Misuse Act 1990
International harmonisation
Jurisdictional issues
Forensic issues
Criminal evidence
Concluding remarks
Electronic Commerce	299	(40)
Chris Reed
Lars Davies
What is electronic commerce?
General issues
Business-to-business electronic commerce
Business-to-consumer electronic commerce
Regulatory issues
Conclusions
The Liability of Internet Service Providers and Internet Intermediaries	339	(70)
Andrew Charlesworth
Chris Reed
Introduction
What is an Internet Service Provider?
An ISP's regulatory liability
Other aspects of ISP liability
An ISP's liability to its clients
Information content --- civil liability
Information content --- criminal liability
Conclusions
Employment Rights in an Information Society	409	(33)
John Angel
David Engel
Introduction
Contract of employment
Intellectual property rights and employees
Managing the employment relationship
Conclusion
Data Protection	442	(30)
Ian Walden
Definitions
Data protection and privacy
International activity
The United Kingdom Data Protection Act 1998
Conclusion
European Computer Law	472	(33)
Tim Cowen
Justine Campbell
Introduction and key developments
The freedom to trade throughout the European Union
EC competition law
Sanctions and remedies
Index	505