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Cyberlaw and E-Commerce

Class Topics July 8, 2009. Cyberlaw and E-Commerce. Topic 1 – The Intellectual Property System, Textbook Pages 1-11. This section is an overview of the IP system in the U.S. Exhibit 1.2 is especially helpful. Topic 2 – The Public Policy Process, Textbook Pages 11-20.

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Cyberlaw and E-Commerce

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  1. Class Topics July 8, 2009 Cyberlaw and E-Commerce

  2. Topic 1 – The Intellectual Property System, Textbook Pages 1-11 • This section is an overview of the IP system in the U.S. • Exhibit 1.2 is especially helpful Cybewrlaw & E-Commerce - J. Pittman

  3. Topic 2 – The Public Policy Process, Textbook Pages 11-20 • This section presents an overview of the U.S. system of federalism, especially as it relates to IP • In that regard, exhibit 1.3 illustrates federal and state IP coverage • Note federal supremacy under the Constitution, as illustrated by the following slide • See federal circuit/district map Cybewrlaw & E-Commerce - J. Pittman

  4. The Legal Process - An Overview 1st Tier - Law Sources – in Rank Order 2nd Tier - The Common Law Process 1. US Constitution 2. Federal Statutory Law 3. State Constitution 4. State Statutory Law 5. Local Law Above sources are created by lawmakers and interpreted by courts – Stare Decisis is important regarding precedents • Stare Decisis, or • Overruling Precedent, or • Creating First Precedent Common law is created by and found only in state court opinions Cybewrlaw & E-Commerce - J. Pittman

  5. Topic 2 (cont.) • Note the role of administrative agencies • In areas where state law is the primary source of regulation, variation between the states is a potential problem • To address this issue, many states have adopted “uniform” legislation in selected areas such as trade secrets or sales law • See The National Conference of Commissioners on Uniform State Laws Cybewrlaw & E-Commerce - J. Pittman

  6. Topic 3 – The First Amendment, Textbook Pages 20-23 • Speech issues are always an important legal concern • For the text of the Constitution and the First Amendment, see U.S. Constitution • Regarding a current controversy, see Idea that would help save newspapers makes bloggers howl • Apply the textbook five-part analysis, pages 21-22, to the newspaper/blogger controversy Cybewrlaw & E-Commerce - J. Pittman

  7. Topic 4 – Jurisdiction and the Internet, Textbook Pages 52-75 • Analyze the CoolEdge questions , textbook pages 55-56: • Company truck has an accident in Oregon with a Florida resident • Which state has personal jurisdiction ,general or specific? (See Exhibit 2.5) • Florida? • California? • Oregon? Cybewrlaw & E-Commerce - J. Pittman

  8. Topic 4 (cont.) Jeffrey Pittman - Cyberlaw & E-Commerce • Compare the CoolEdge question on page 54 to the iAccess case, pages 58-60 and Verizon, pages 61-63 • Using iAccess , would a German court find personal jurisdiction based on the Website comparisons to competitors? • Using Verison , would a German court find personal jurisdiction based on the Website comparisons to competitors?

  9. Topic 4 (cont.) Jeffrey Pittman - Cyberlaw & E-Commerce Why did the court rule for Pavolich in his case, pages 64-65? What is the practical effect of the court’s ruling?

  10. Topic 4 (cont.) Jeffrey Pittman - Cyberlaw & E-Commerce Using the CoolEdge comments on page 66, why could the former Arkansas employee not sue CoolEgde in Arkansas?

  11. Topic 4 (cont.) Jeffrey Pittman - Cyberlaw & E-Commerce • How do forum selection and choice of law clauses affect our jurisdiction analysis? • In general, these clauses must be voluntary, have a nexus with transaction, and be open and obvious • Courts are more likely to enforce theses clauses between businesses or sophisticated parties

  12. Topic 4 (cont.) • How do the Yahoo! lawsuits involving France illustrate foreign jurisdiction, American jurisdiction, comity, ripeness and choice of laws • Yahoo! v. La Ligue Contre Le Racisme Cybewrlaw & E-Commerce - J. Pittman

  13. Topic 4 (cont.) – Hague Convention • CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS Cybewrlaw & E-Commerce - J. Pittman

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