Copyright Laws On Computer Programs And Cyberspace Tort

Copyright Laws on Computer Programs and Cyberspace Tort

Computer programs and cyber space usage has become a major part of our every day lives. Nearly everyone has to use a computer at some point, and for some it may be an all day every day affair. This being the case, every one should be aware of the laws and boundaries of cyber space usage, copyright infringement on shareware, freeware, and computer software programs. Most of the main legal issues that relate to cyberspace can be listed as: tort issues, contract issues, intellectual property issues, criminal law issues, and constitutional restraint and protections, and securities law issues.

A common issue that occurs in the use of cyberspace is the privacy issue. The computer is often used to commit the tort of invasion of privacy by cyberspace. The limitations of cyberspace privacy are, in order to prove the tort of intrusion into public disclosures of private facts or private affairs, the plaintiff must prove that the defendant revealed private information about the plaintiff. In such a case the plaintiff would also have to prove that the information is presumed private, and the information is entitled to privacy protection. The use of a persons name, likeliness, or image for commercial advantage is also a tort of privacy invasion, which is called tort of appropriation.

Defamation in cyber cyberspace is a tort that occurs when a party communicates an untrue statement in the factual form about another to a third party by email or source of the World Wide Web. The information on what was said must be give by the provider of the internet service upon request by a law enforcement agency in pursuit of a warrant. When an internet service provides this information to a law enforcement agency this is not an act of invasion of privacy, but merely a means to protect society and.

Misrepresentation and fraud in cyberspace is common when dealing with transactions conducted in cyberspace to consumer related businesses. It is considered fraud to intentionally lie about something that is being purchased or auctioned on the internet. It is a violation of federal law for firms not to tell purchasers when the firms cannot ship ordered products. It is fraud for companies to that use search engines to misrepresent the capabilities of their products. Misrepresentation and fraud allow contracts to be terminated and the give the innocent a right to sue for damages that occurred. Businesses that deal in a great amount of online transacting have use an Electronic Digital Interchange (EDI). An EDI is an alternative method to electronically exchange business forms. The EDI has guidelines that are to be followed if making a contract formation transaction. This system of electronic exchanging business forms to create formal contracts via the internet has been in existence for twenty years and is a safe legalized form of making contractual transactions.

The use of specific trademarks, copyrights, and patents are protected by the Federal Intellectual property laws. For example one of these laws is the Federal Trademark Dilution Act. This law forbids a party from using another party's trademark in such a way that it reduces the value or reputation of the trademark. A newer law and regulation that has come into effect is the Digital Millennium Copyright Act. This law makes it clear that it is infringement to link to a copyrighted site. Another new policy that was adopted recently by the Internet Corporation for Assigned Names and Numbers (ICANN), the policy is called the Uniform Domain Name Dispute Resolution Policy; it allows the current user of a domain name to continue using it until a dispute over the name is resolved.

A positive cyber space tort crime is possible through the stock market. This is called a "Pump and Dump" ,which occurs when a person or persons build up positive but untrue statements about a business stock, this causes the stock to go up and then that person takes there stock out to receive there money in full while others suffer as the stock falls. Such an act is considered unlawful and often times treated as fraud.

The use of due process in cyberspace requires that a party being sued have a sufficient connection with a state before it can be sued in that state. The hardest question to resolve in such a suit is whether doing business on the internet fits the terms that qualify it as a sufficient connection with a particular state. If sales are made to another state then that is usually considered enough evidence for a sufficient connection.

The federal government has the right to regulate the internet because it involves intrastate commerce. They have the right to search your computer due to the forth amendment; however, communications on the internet are protected by the first amendment of the U.S constitution. For example, the U.S Supreme Court declared unconstitutional the Child Pornography Prevention Act because it violated the first amendment rights of companies and individuals in connection with communicating pornography.

Freeware is a copyrighted computer software which is made available to the public use and is free of charge for an unlimited time, unlike shareware were the user is given a trial period and then is required to pay for the services. Though freeware is free there are often times where restrictions on the use of the software. Examples of these restrictions are; free for personal use, individual use; non profit use; non commercial use, academic use; commercial use, or a combination of these like, free for personal, non commercial use. To break these restrictions is unlawful. Free ware is a sort of middle ground for between the public domain and the software that has cost licensing. Often times the freeware creators want to give something to the community free of charge. Cost licensing software is a computer program that is created for consumers to purchase. The recent problem in software programs is the act of software piracy. Software piracy takes place when an individual downloads software and makes more copies than the license states, or when the software is stated for use on only one computer and is then programmed onto multiple computers. The act of piracy breaks the software copyright laws and is a type of theft, which is subject to civil and criminal penalties. It's illegal whether you use pirated software yourself, give it away, or sell it. And aiding piracy by providing unauthorized access to software or to serial numbers used to register software can also be illegal. The reason that software piracy is taken so seriously is because, whoever is doing the piracy is costing companies thousands of dollars; therefore, they can be fined up to one hundred and fifty thousand dollars for each copyrighted

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