Cyberlawby Margaret Jane Radin, John A. Rothchild, Gregory M. Silverman
As technology advances, so must the law. Rarely has the law had to run so fast to keep up with technology as it must at the present time, to remain relevant as society enters the information age. The Internet is changing how we communicate with each other, how we gather information, how we form communities, and, more and more, how we engage in commercial transactions. This casebook addresses the last of these transformations: it addresses the law of electronic commerce.
This is a new and rapidly developing field of law. Its subject matter is eclectic, drawing upon various strands of legal doctrine that bear on the conduct of business via the Internet. Some of these subject areas have a familiar ring—such as Contracts, Copyright, and Jurisdiction—but the issues are often novel. Under the new law of contracts in e-commerce, a contract may be formed with the help of semi-autonomous software agents, and assent to contract terms may be indicated by the click of a mouse. The new law of copyright must address potential liability for infringement based on hyperlinking to a website containing infringing material, and liability for distributing software that facilitates the circumvention of a copyright control system. The new law of jurisdiction must determine the circumstances under which an online presence is enough to support personal jurisdiction.
Internet Commerce is the first casebook that puts together everything you need to teach a course in electronic commerce. The text is carefully written to give students a thorough grounding in all of the areas of law that impact e-commerce, while not assuming any knowledge beyond what is taught in the first year. It addresses all of the important legal issues that arise in conducting business via the Internet—beginning with registration of a domain name, and including contracting, protecting intellectual property, complying with government regulations, and resolving disputes.
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