Computer Law

by Reed, Chris; Angel, John

• ISBN13: 9780199263509
• ISBN10: 0199263507
• Edition: 5th
• Format: Paperback
• Copyright: 2004-01-01
• Publisher: Oxford University Press

Summary

Early treatment of computer law was no more than the application of existing principles to novel sets of facts. Today it has been recognized generally that computing technology does indeed give rise to unique legal problems which are not resolvable by applying existing legal principles. Topics covered range from contractual matters and intellectual property protection to electronic commerce, data protection and liability of internet service providers.

Author Biography

Chris Reed is Professor of Electronic Commerce Law at the Institute of Computer and Communications Law and Director of the Centre for Commercial Law Studies, Queen Mary University of London. John Angel is a solicitor and Visiting Professorial Fellow at the Institute of Computer and Communications Law, Centre for Commercial Law Studies, Queen Mary University of London. Before his retirement, he was head of online legal services at Clifford Chance. He is also the Consultant Editor of Electronic Business Law.

Table of Contents

Preface to the Fifth Edition	xi
Contributors	xii
Table of Cases	xvii
Tables of Legislation	xxix
Abbreviations	xlix
Introduction	1	(8)
System Supply Contracts	9	(48)
Introduction	9	(3)
Principal Legal Issues Applicable to System Supply Contracts	12	(19)
Commercial and Drafting Aspects	31	(14)
Additional Considerations for Specific Contracts	45	(10)
Conclusion	55	(2)
Information Systems Outsourcing	57	(44)
Introduction	57	(13)
The IS Outsourcing Contract	70	(18)
Sale Agreements	88	(3)
Staff	91	(4)
Exit Issues	95	(3)
Conclusion	98	(3)
Liability	101	(30)
Contractual Liability	103	(6)
Exclusion Clauses	109	(3)
Third-Party Rights	112	(1)
Strict Liability: The Consumer Protection Act 1987	113	(2)
Negligence	115	(14)
Conclusion	129	(2)
Patent Protection for Computer-Related Inventions	131	(52)
An Overview of the Patent System	131	(4)
Patent for Computer-Related Inventions in Detail	135	(33)
Other Aspects of Patent Law	168	(7)
Why Exclude Anything from Patentability?	175	(4)
The Future	179	(4)
Copyright	183	(52)
Introduction	183	(7)
In What Can Copyright Subsist?	190	(7)
Ownership and Duration of Copyright	197	(6)
Infringement of Copyright	203	(8)
Scope of Protection for Computer Programs and Data	211	(18)
Moral Rights	229	(2)
Civil Remedies, Criminal Sanctions and Procedural Matters	231	(4)
Property in Databases	235	(24)
The Case for Legal Protection of Databases	235	(1)
Copyright Protection of Collections Under Pre-1998 UK Law	236	(1)
Development of the Database Directive	237	(2)
The Scope of the Database Directive	239	(1)
The Meaning of `Database'	240	(1)
Copyright in Databases	241	(2)
The New Sui Generis Database Right	243	(4)
Terms of Protection	247	(2)
Transitional Provisions	249	(1)
Reciprocity and the Sui Generis Right	250	(1)
British Horseracing Board Ltd and Others v William Hill Organization Ltd	251	(5)
Conclusion	256	(3)
Protecting Confidential Information	259	(36)
The Civil Action for Breach of Confidence	260	(10)
Jurisdiction	270	(13)
The Special Problem of Confidential Information Acquired by Improper Means	283	(4)
The Criminal Law	287	(8)
Computer Crime	295	(36)
Introduction	295	(1)
Computer-Related Crimes	296	(4)
Content-Related Offences	300	(2)
Computer-Integrity Offences	302	(12)
International Harmonization	314	(3)
Jurisdictional Issues	317	(2)
Forensic Issues	319	(7)
Criminal Evidence	326	(2)
Conclusion	328	(3)
Electronic Commerce	331	(62)
Introduction: What is E-Commerce?	331	(2)
E-Commerce: General Issues	333	(12)
Business-to-Business E-commerce	345	(6)
Business-to-Consumer E-commerce	351	(2)
Regulatory Issues	353	(7)
Internet Intermediaries: Liability in the Information Marketplace	360	(28)
E-Commerce and the Jurisdiction Question	388	(4)
Conclusion	392	(1)
Employment Rights in an Information Society	393	(24)
Introduction	393	(1)
Contract of Employment	394	(2)
Intellectual Property Rights and Workers	396	(9)
New Employment Issues in the Information Age	405	(11)
Conclusion	416	(1)
Data Protection	417	(38)
Subject Matter	417	(4)
International Activity	421	(7)
The UK Data Protection Act 1998	428	(25)
Conclusion	453	(2)
EC Competition Law and the New Economy of Information Technology	455	(34)
Introduction	455	(4)
Article 82 and IT	459	(15)
Merger Policy and Innovative Markets in the Pre-Tipping Stage	474	(6)
Article 81 and Agreements Between Firms in New-Economy Markets	480	(6)
Conclusion	486	(3)
Index	489