Computer Law The Law and Regulation of Information Technology

by Reed, Chris; Angel, John

• ISBN13: 9780199205967
• ISBN10: 0199205965
• Edition: 6th
• Format: Paperback
• Copyright: 2007-05-17
• Publisher: Oxford University Press

Summary

Computing technology gives rise to unique legal problems which are not resolvable by applying existing legal principles. The developing law which seeks to resolve these problems is at the heart of the latest edition of this book, now established as a standard text on computer and information technology law for both students and practitioners. 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. The new edition of this established book has been completely updated to cover the significant changes in information technology law since the last edition, which have included the landmark Supreme Court decision in MGM v Grokster. The book has also been restructured for ease of reference into sections dedicated to broader topics. These include: a section on commercial exploitation of information technology products and services, with a new chapter on software development and licensing; an expanded section on online commerce, as opposed to e-commerce alone, covering both e-commerce transactions, and online intermediaries; and a section devoted to intellectual property issues in information technology law, with a new chapter treating online use of trade marks, and domain names.

Author Biography

Chris Reed is Professor of Electronic Commerce Law at the Institute of Computer and Communications Law, Queen Mary University of London.
John Angel is Chairman of the Information Tribunal, a consultant to Jomati Ltd, and Senior Visiting Professorial Fellow at the Institute of Computer and Communications Law, Centre for Commercial Law Studies, Queen Mary University of London.

Table of Contents

Contributors	p. xi
Table of Cases	p. xv
Tables of Legislation	p. xxix
Abbreviations	p. lvii
Introduction	p. lxi
Commercial Exploitation of Information Technology Products and Services
System Supply Contracts	p. 3
Introduction	p. 3
Principal Legal Issues Applicable to System Supply Contracts	p. 6
Commercial and Drafting Aspects	p. 26
Additional Considerations for Specific Contracts	p. 41
Conclusion	p. 51
Mass Market Online and Technology Contracting	p. 53
Governing Rules of Law	p. 60
Common Terms and Key Issues in Mass Market Online and Technology Contracting	p. 102
Conclusion	p. 134
Information Technology Outsourcing and Services Arrangements	p. 139
Introduction	p. 139
The IT Outsourcing Contract	p. 161
Sale Agreements	p. 182
Staff and Transfers of Undertakings	p. 185
Exit Issues	p. 189
Conclusion	p. 192
Online Commerce
Electronic Commerce	p. 197
Introduction-What is Electronic Commerce?	p. 197
Online Contracts	p. 199
Electronic Records as Evidence	p. 215
B2B e-Commerce	p. 220
B2C e-Commerce	p. 226
Cross-Border Issues	p. 227
Online Intermediaries	p. 233
Introduction-What is an Online Intermediary?	p. 233
Contractual Liability	p. 236
Liability for Third Party Provided Content	p. 239
Conclusion	p. 278
Intellectual Property and Related Rights in Information Technology
Patent Protection for Computer-Related Inventions	p. 283
An Overview of the Patent System	p. 283
Patents for Computer-Related Inventions in Detail	p. 287
Other Aspects of Patent Law	p. 319
Why Exclude Anything from Patentability?	p. 327
The Future	p. 331
Copyright in Information Technology and Data	p. 337
Introduction	p. 337
In What Can Copyright Subsist?	p. 344
Ownership and Duration of Copyright	p. 352
Infringement of Copyright	p. 357
Scope of Protection for Computer Programs and Data	p. 368
Moral Rights	p. 390
Civil Remedies, Criminal Sanctions, and Procedural Matters	p. 392
Database Protection	p. 397
Electronic Databases and the Need for Legal Protection	p. 398
Electronic Database Characteristics	p. 399
Rationales for Protecting Databases	p. 402
Legal Structures for Protection	p. 403
UK Protection of Databases Through Copyright	p. 409
Database Right	p. 413
Rights of the Database Owner	p. 420
Future Developments	p. 425
Online Use of Trade Marks and Domain Names	p. 429
Introduction	p. 429
Trade Marks	p. 430
Infringement Online	p. 434
Domain Name Alternative Dispute Resolution	p. 442
Jurisdiction	p. 451
Electronic Privacy and Access to Information
Privacy and Data Protection	p. 459
Introduction	p. 459
International Developments	p. 464
Data Protection Act 1998	p. 469
Data Protection and Telecommunications	p. 501
Concluding Remarks	p. 504
Access to Electronic Information	p. 505
Introduction	p. 505
Data Protection Act 1998	p. 507
Freedom of Information Act 2000	p. 509
Environmental Information	p. 542
Consumer Information and e-Commerce	p. 545
Local Authority Records and Reports	p. 546
Medical Records and Information	p. 548
Access to Information as a Human Right?	p. 548
Electronic Information Misuse
Computer Crime and Information Misuse	p. 553
Introduction	p. 553
Computer-Related Offences	p. 554
Content-Related Offences	p. 561
Computer Integrity Offences	p. 564
International Harmonization	p. 578
Jurisdictional Issues	p. 583
Forensic Issues	p. 585
Evidential Issues	p. 595
Concluding Remarks	p. 598
Index	p. 601
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