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Lecture 9

Bus 393 - Lecture 9

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Business Administration
BUS 393
Colin Hawes

BUS 393 November 12, 2010 Lecture 9 Internet & Intellectual Property Colin Hawes Tort Law &  Defamation Internet (536)  Hard to determine if libel or slander on internet  ISP can be forced to disclose source  ISP will be liable only where it fails to remove after notification  Size is relevant for rewarding damages  Nuisance  Current tort law likely to adapt to new technology  Negligence and Misrepresentation  Businesses could most likely avoid lawsuits by inputting disclaimers and agreements with their products  Outdated disclaimers and agreements may lead to liability  Parties injured from the use of a product can still sue for law of contract or negligence  Case will be held where good was sold and manufactured unless otherwise stated Internet Transactions  Internet transactions form contracts under the Uniform Electronic Commerce Act, applies everywhere but Northwest Territories (539)  Clicking the “I Accept” button accepts terms  Terms where Courts will Enforce Online Contract  Assent: Did the offeree really know and accept the terms  Reasonability: Are the terms in reasonable reading size and etc.  Postbox Rule will likely not apply to online communications  Difficult to be sure who you are dealing with over the internet  Electronic signatures equivalent to written ones  Electronic contracts are sent once it enters an information system outside the sender’s control  Deemed to be received once it enters the addressee’s information system  If the information system is not used for the purpose of receiving such information, then it is considered received when the addressee is aware  Consumer Protection statues apply to internet transactions  Must disclose name of supplier
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