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Computer & Internet Law

Introduction:

Computer and Internet law (which is really a branch of computer law) covers many types of law such as agreements, tax law, intellectual property and corporate and commercial law. Internet or Cyberspace Law deals with issues that arise over the Internet and are of great interest to those that own or manage web sites or are involved in commerce over the Internet. An important part of Computer Law is the licensing and acquisition of hardware and software. The contracts involve allocating the risks among the parties and hence their negotiation is very important. In this article, which is intended not as legal advice but as general information, only the following areas are briefly discussed:

  1. Issues Regarding the Internet for Web Site Owners
  2. Types of Agreements for the Internet
  3. Types of Agreements in the Computer Law Area
  4. Protection for Computer Software
  1. Issues Regarding the Internet for Web Site Owners:

    2. You are an owner or manager of a business with a web page. What steps should you take to protect your business from legal issues? What contracts need to be drafted? What policies must be put into place? What are your potential liabilities?

    Cyberspace Law or Internet Law covers a broad range of issues and many different types of law. You have to consider intellectual property issues such as copyright, trade marks, patents and trade secrets. Consideration must be given to whether or not you are infringing anyone's copyright or trade mark. If you have a domain name, you should consider registering the trade mark in the appropriate jurisdictions. You must have appropriate web site agreements in place to minimize your risks. You should have some specifically drafted terms of use as well as a privacy policy that matches your privacy policy and confirms to the Personal Information Protection and Electronic Documents Act. You have to be concerned about whether your links violate any laws and whether or not your online contracts (if you have any) are enforceable

  2. Types of Internet Agreements

    Web site owners operate in a legally complex environment and there are many risks. It is vital for web site owners to have appropriate contracts in place in order to minimize risks. In order to determine what legal contracts you need, ask yourself the following questions:

    Do I develop web sites for companies and organizations? If so, you need a web site development agreement.

    • Do I Provide Access to the interest? If so, you need an Internet access agreement as well as terms of use which are properly brought to the users attention.
    • Do I host the web sites of others? If so, you need a web site hosting agreement as well as a terms of use agreement.
    • Do I have a web site? If so, you need a terms of use agreement and privacy agreement.
    • Do I have a domain name? You should consider registering appropriate trade marks in appropriate jurisdictions to protect your domain name to protect against loss of your domain name.
    • Is someone designing a web site for me? If so, you would need a web site development agreement as well as a terms of use agreement and a privacy policy.

    Following is a brief description of each of these different types of agreements.

    1. Web Site Development Agreement: This agreement defines the rights and obligations between the person developing the site (the developer) and the owner of the web site. It defines the fees that must be paid by the owner as well as provides for the specifications of the web page to be built. It can define limitations of liability for the developer.
    2. Web Site Hosting Agreement: This agreement defines the rights and obligations between a serving provider that host webs sites of people and businesses and the web site owner. The agreement will define fees, service levels, security measures as well as limitations of liability.
    3. Internet Access Agreements: This agreement defines the rights and obligations between the Internet services provider (ISP) and the user who gains access to the Internet. It defines payment for the services, service levels, security measures as well as limitations of liability.
    4. Terms of Use: This agreement is an agreement between a visitor to a web site (ie. user) and the owner of a web site or web sites. It defines such issues as fees, age restrictions, what content can be uploaded into the site as well as limitation of liability.
    5. Privacy Statement & Policy: This statement defines the actual privacy policy and procedures of the web site. It is important that what is stated is the actual policy and procedures that are followed and that the owner of the web site following applicable privacy laws in applicable jurisdictions such as the Personal Information Protection and Electronic Documents Act for Canada.
  3. Types of Agreements in the Computer Law Area [Check back for updates to Computer Law]
    • Software License Agreement
    • Software Development: This agreement
    • Hardware & Software Acquisition Agreement
    • Outsouce Agreement
    • Marketing Agreement
    • Distribution Agreement
    • License Agreements
    • Site Licensing
    • Escrow Agreements
    • Software / Hardware Maintenance Agreement
    • Computer Service Agreements: Service Bureau, Support and Access
    • Financing Agreement
  4. Protection for Computer Software

    5. Computer programs can be protected by copyright law, trade secrets and through patent law.

    The information provided should not be regarded or relied upon as the provision of legal advice or a substitute for individual legal advice. The information published on this site is provided for educational and reference purposes only. It is not intended to be used as a substitute for specific legal or other professional advice. You should not act upon the information without seeking professional counsel. Legal advice must be tailored to the specific facts and circumstances of each case. Aspects of the law also vary between jurisdictions so some of the information provided on this site may not be correct for your jurisdiction.

    Members of LAW FOR INFORMATION TECHNOLOGY have extensive experience in computer science, project management and systems and hence understand your business. LAW4IT.COM applies this experience to assist you in meeting your goals and solving and preventing problems.

    We are a law firm which practice concentrates on computer, Internet, entertainment, business, intellectual property, privacy law and related matters. We register and prosecute Canadian and American Trade Marks. LAW4IT.COM provides services in the following major areas:

    1. Computer & Internet Law
    2. Intellectual Property
    3. Entertainment, Multimedia and Advertising Law
    4. Corporate, Commercial & Business Law and
    5. Related Matters

    Internet Law Services

    LAW4IT.COM has experience in the following areas of Internet Law:

    1. Web Site Development Agreement
    2. Internet Access Agreement
    3. Web Site Hosting Agreement
    4. Privacy Law and Terms
    5. Terms of Use
    6. Minimize Risks

    Computer Law Services

    LAW4IT.COM has experience in the following areas of Computer Law:

      1. Software Licensing
      2. Independent Contractor Agreements
      3. Computer Hardware / Software Agreements
      4. Outsourcing Agreement
      5. Computer Service Agreement
      6. Maintenance Agreements
      7. Distribution Agreement
      8. other agreements & matters

      If you need practical legal advice from someone who has worked in and understands your business, please contact LAW4IT