Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.

The internet and the equipment through which it is delivered has revolutionised the way business offers its services and consumers access information. The constantly evolving technology will continue to become mobile both in terms of the apparatus used to get online, such as mobile phones, and also the wireless capability which will become widespread. Commercial use of the technology presents huge legal issues and has led to the introduction of significant new laws to govern online trade. However, the approach taken by the EU in regulating the internet differs markedly from that of the United States. Given the degree of trade between the two continents and in particular between the USA and the UK, it is vital that businesses on both sides of the Atlantic understand the diverse legal regimes, whether they operate in European or North American markets. This book provides an overview of the English law treatment of the internet, which is heavily influenced by the EU, and contrasts it where appropriate to American legal governance. The book examines issues including online contractual formation, privacy law across geographical borders, electronic signatures, online marketing and consumer sales over the internet. The book is essential reading for businesses in both lands.

The regulatory architecture available for cyberspace law still seems incapable of conceiving, much less resolving, the new issues of privacy raised by the use of the Internet in the workplace. This analysis of the thorny problems in this area of the law attempts to clarify the nature of the conflicts and disputes that arise and that are likely to continue to arise. It is a detailed comparative treatment of the subject, analysing the relevant law both at the international level and in six major national jurisdictions. The author first examines the international jurisdictional problems related to the Internet and new technologies. Starting from an economic analysis of the law of cyberspace, the author demonstrates that the problem of conflicting legal rules may be solved by adopting new laws, regulations and guidelines governing the Internet. The second part explores the ways in which the Internet and the introduction of new information technologies has dramatically affected the world of work and individual rights. The author analyses the origins, limits and boundaries of these rights, and makes a comparative analysis of the relevant constitutions and statutes in both common law and civil law. Finally, an examination of the legal systems of the USA, the UK, France, Germany, Italy, and Japan, and of their responses to the new Internet-related issues, enable the author to propose effective ways to achieve a better balance between the employee's right to privacy and the responsibilities of the employer in the new electronic environment.

High Marks for the Internet Legal Guide

"The Internet Legal Guide is a fascinating exploration of discovery in understanding the legal frontiers of the Internet. Dennis Powers does an immense service for all of us in an Internet form of business with this comprehensive and thorough guide." —Ahnalira Koan, Laughing Place Travel (www.ourlaughingplace.com)

"I feel that this book is invaluable and a must read not only for my management team and all of my employees, but also my clients. I especially appreciated the text from actual agreement examples, as well as the discussions of provisions that followed them. I encourage anyone and everyone to buy and read this book twice. The first time to show you everything you have been doing wrong, and the second time to learn how to do it right the next time." —Jim Teece, President and Chief Executive Officer, Project A, Inc. (www.ProjectA.com)

"This book is rich in content and practical advice. It is filled with informative–as well as entertaining–descriptions of the latest developments in cyberlaw. Most importantly, it gives anyone interested in doing business on the Web the know-how to avoid costly legal pitfalls and problems." —Ray August, Professor of Business Law (http://august1.com/about/)

"What I really like about this book is that it takes a business approach to Internet issues. This is a book for business people with an eye to the bottom line, and how businesses can capitalize on the Web and not get entangled in legal issues. The Internet Legal Guide is essential reading for small business owners, who can not afford the luxury of an in-house legal counsel. A savvy business owner will find this book a road map to turn the Web from threat to opportunity." —Kevin Talbert, Chief Information Officer, Southern Oregon University

"The New Economy is arriving. Even as the stock market and businesses adjust to absorb the 'irrational exuberance' of the late 1990s, consumers and businesses continue unabated in their march to use technology and the Internet to reduce costs, to increase profits, to improve service, to increase choice, and generally to increase the efficiency and potential of all that we do. Dennis Powers has written a timely and informative book to help prepare the nonlawyer, and even to educate lawyers, to prepare for and benefit from this new online world." —Richard Keck, Partner, Telecommunications and Electronic Commerce Practice Group, Troutman Sanders LLP

"A wonderful book that melds the practical into the legal, so we all can navigate our virtual twenty-first-century operations through today’s legal-infested waters. I wish I had had it two years ago!! I could have saved a lot of time and legal costs when I was organizing my Internet company. It’s so convenient and efficient to have all the material in one place. (The good news is I can still save and benefit from the many excellent ideas.)" —Charles "Hop" Fuhrmann, Chairman, HealthyPlace.com, Inc.; Chairman and CEO, Texaco Limited

The Dutch telecommunications market is probably one of the most open in the world. Three years after its full liberalization (which was completed six months ahead of the EU timetable) the Netherlands have approximately 65 operators with interconnection or special network agreements, including five providers of mobile telephony networks. Nearly all of the world's largest international players have established a presence in the Dutch telecom market. It is for their benefit and for the benefit of their advisers that this book has been published. It contains the full text of the Dutch Telecommunications Act and of the most important decrees adopted thereunder, concurrently in Dutch and English. In addition, it contains a practical introduction to the telecommunications laws of the Netherlands described by leading practitioners in the field.

Are super-capable robots and algorithms destined to devour our jobs and idle much of the adult population? Predictions of a jobless future have recurred in waves since the advent of industrialization, only to crest and retreat as new jobs-usually better ones-have replaced those lost to machines. But there's good reason to believe that this time is different. Ongoing innovations in artificial intelligence, machine learning, and robotics are already destroying more decent middle-skill jobs than they are creating, and may be leading to a future of growing job scarcity. But there are many possible versions of that future, ranging from utterly dystopian to humane and broadly appealing. It all depends on how we respond. This book confronts the hotly-debated prospect of mounting job losses due to automation, and the widely-divergent hopes and fears that prospect evokes, and proposes a strategy for both mitigating the losses and spreading the gains from shrinking demand for human labor. We should set our collective sights, it argues, on ensuring access to adequate incomes, more free time, and decent remunerative work even in a future with less of it. Getting there will require not a single "magic bullet" solution like universal basic income or a federal job guarantee but a multi-pronged program centered on conserving, creating, and spreading work. What the book proposes for a foreseeable future of less work will simultaneously help to address growing economic inequality and persistent racial stratification, and makes sense here and now but especially as we face the prospect of net job losses.

This book outlines and analyses the legislative activity of the Union in an area which is currently experiencing exponential growth in terms of both commercial activity and legal significance. The scope of the book is current,pending and proposed Internet-related law on contracts, copyright, data protection, commercial communications, financial services, electronic cash and electronic signatures. John Dickie argues that the Union is in the process of displacing Member State autonomy in the regulation of the Internet. Within that frame, it is argued that there is a lack of focus on the individual in the electronic marketplace and a lack of co-ordination between relevant legislative instruments. This book will be of interest to all those engaged with Union and Internet law, including lawyers, policy-makers and academics.

This is a research and reference guide to the telecommunications industry in the United States, providing an account of legislative and policy changes up until the publication of the work. Contributions by scholars in telecommunications law and policy survey the post-1996 legislative field, giving overviews of the 1996 Act itself, the impact of the legislation on national and international competition, regulation of the industry and the MCI/FCC cases in California, mergers and acquisitions, taxation and FCC reform.

The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers' rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU's Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy. The focus of Digital Copyright is on the specifics of the law in this area together with practical aspects. Both academics and practitioners will find the book an invaluable guide to this ever-expanding field of law. Review of Previous Edition: 'Overall, Digital Copyright is well worth the relatively modest price for a book that will be stimulating for anyone who has to think about copyright in the digital realm.' Francis Davey, Journal of Intellectual Property Law and Practice

When a case involves 50,000 or 100,000 documents it is very difficult to manage the paper and produce necessary lists using entirely manual methods. Computerization is the answer. Once the information about the documents is held in a computer database, a team of lawyers can search for incriminating patterns, locate a letter that contradicts direct testimony previous given, find the smoking gun. So runs a powerful argument in favour of computerized litigation systems. The fact that so many firms are going ahead with pilots or operational systems perhaps indicates more of a desire to be seen to be abreast of technology, rather than the calculated expectation of direct return.

On May 14 1991 the Council of the European Communities adopted the directive on the legal protection of computer programs. Pursuant to this directive the Member States "shall bring into force the laws, regulations and administrative provisions necessary to comply with this directive before 1 January 1993". Article 1 of the directive states that the Member States shall protect computer programs by copyright, as literary works. At the time of publication, not all the Member States had complied with the directive, although they did have bills pending. Specialists from each Member State of the EC describe the copyright provisions of their country, both in general and with respect to software, and then provide detailed descriptions of the way in which their country has enacted or intends to enact the directive. Most of the contributions contain a translation of the relevant statutory provisions. Chapter 1 of the book desrcibes the provisions of the directive in detail. Thus the reader should be able to obtain an overview of the protection of computer programs in the EC.

"Automation of Legal Reasoning" explores the development which has lead up to the formation of a joint field of artificial intelligence (AI) and law. In this undertaking, the basic foundations of AI and the methodological approaches found in jurisprudence are related to each other in a historical perspective. The book also addresses the future prospects of the discipline. In this part of the study an elaborated jurisprudential model of legal reasoning is introduced, reflecting different sub-processes and various types of legal knowledge exercising influence over them. In addition, a critical analysis of various AI-approaches that have been suggested for the field of law is provided. In this context, also two AI-system development projects carried out at The Swedish Law and Informatics Research Institute are described. The investigation leads up to the formulation of a design approach for advanced AI-systems for law, based on a functional decomposition of legal knowledge, the integration of various computational techniques and the structural integration of different types of small-scale AI-systems. The study concludes with a discussion of potentialities and consequences of a future development.

A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In The Changing Ecosystem of the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.

This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever more important. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

When people think of hackers, they usually think of a lone wolf acting with the intent to garner personal data for identity theft and fraud. But what about the corporations and government entities that use hacking as a strategy for managing risk? Why Hackers Win asks the pivotal question of how and why the instrumental uses of invasive software by corporations and government agencies contribute to social change. Through a critical communication and media studies lens, the book focuses on the struggles of breaking and defending the "trusted systems" underlying our everyday use of technology. It compares the United States and the European Union, exploring how cybersecurity and hacking accelerate each other in digital capitalism, and how the competitive advantage that hackers can provide corporations and governments may actually afford new venues for commodity development and exchange. Presenting prominent case studies of communication law and policy, corporate hacks, and key players in the global cybersecurity market, the book proposes a political economic model of new markets for software vulnerabilities and exploits, and clearly illustrates the social functions of hacking.

Although over 100 countries have developed data privacy laws, there is a lack of expert guidance on these laws. This text examines the fundamental aims and principles of data privacy law, along with the mechanisms for its enforcement in an international context. Bygrave analyses relevant law from around the globe, paying particular attention to international instruments and using these as a foundation for examining national law. He also places data privacy law within a broader legal and political framework, focusing upon its interrelation with related fields, such as human rights, administrative law, and, intellectual property rights.

Is social media changing who we are? We assume social media is only a tool for our modern day communications and interactions, but is it quietly changing our identities and how we see the world and one another? Our current debate about the human behaviors behind social media misses the important effects these social networking technologies are having on our sense of shared morality and rationality. There has been much concern about the loss of privacy and anonymity in the Information Age, but little attention has been paid to the consequences and effects of social media and the behavior they engender on the Internet. In order to understand how social media influences our morality, Lisa S. Nelson suggests a new methodological approach to social media and its effect on society. Instead of beginning with the assumption that we control our use of social media, this book considers how the phenomenological effects of social media influences our actions, decisions, and, ultimately, who we are and who we become. This important study will inform a new direction in policy and legal regulation for these increasingly important technologies.

This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception of professional confidences by phone hacking and other means. Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps in the law, and makes it a useful resource for practitioners in other common law jurisdictions. The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractual obligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts. Part II discusses justified disclosure, including those relating to public interest, official investigations, administration of justice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, and non-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use. This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.

The First Responder Network Authority (FirstNet) is a federal agency that includes private sector and other non-federal representation on its board of directors. FirstNet was created by Congress with provisions in Title VI (Spectrum Act) of the Middle Class Tax Relief and Job Creation Act of 2012 to ensure the deployment and operation of a nationwide, broadband network for public safety communications. It is established as an "independent authority" within the National Telecommunications and Information Administration (NTIA), part of the Department of Commerce. There are many challenges for public safety leaders and policymakers in establishing the framework for a nationwide network that meets state, local, tribal and territorial needs for robust, interoperable emergency communications. Currently, for example, state emergency communications needs are typically met by separate networks using different technologies. Furthermore, each state has its own laws and procedures for building, managing, and funding communications infrastructure. Among the challenges facing FirstNet is establishing a governance model that accommodates current investments and future needs of its clients without compromising the coherence of a national network. This book discusses the elements, issues, and progress made by FirstNet.

The statutory framework for the communications sector largely was enacted prior to the commercial development and deployment of digital technology, Internet Protocol (IP), broadband networks, and online voice, data, and video services. These new technologies have driven changes in market structure throughout the communications sector. In a technologically dynamic sector, the statutory framework cannot be modified every time there is a significant technological change. The challenge therefore is to create statutory language that is flexible enough to continue to foster articulated public policy objectives in the face of technological change, without artificially favouring either legacy technology or new technology. This book focuses on updating the statutory framework for communications for the digital age. The authors also provide statements and testimonies from hearings on lawful access to stored content, and geolocation privacy surveillance.

The statutory framework for the communications sector largely was enacted prior to the commercial development and deployment of digital technology, Internet Protocol (IP), broadband networks, and online voice, data, and video services. These new technologies have driven changes in market structure throughout the communications sector. This book focuses on updating the statutory framework for communications for the digital age, and online video distributors and the current statutory and regulatory framework.

Information Technology and Intellectual Property Law is a complete exploration of the relationship between information technology and intellectual property laws a very wide-ranging and complex, ever changing area of law. It provides up-to-date coverage and analysis of the intellectual property laws applicable to all forms of computer software. placing the law in the context of computer use examining copyright, database rights, patents, trade marks, design rights and the law of confidence. There have been numerous cases before the Court of Justice for the European Union (CJEU) recently, in particular involving the use of trade marks on the Internet, and these are analysed in detail with the implications of the judgments explained in a practical and accessible way. Information Technology and Intellectual Property Law includes developments surrounding ISPs (Internet Service Providers), for example injunctions against ISPs both in the UK and before the Court of Justice of the European Union, and coverage of the Digital Economy Act provisions. It can either be read from cover to cover as a thorough introduction to the subjects addressed or be used as a very useful starting point for a specialist practitioner faced with a particular problem on a particular case. With this in mind Information Technology and Intellectual Property Law is an essential addition to any an IT and IP practitioner's bookshelf as well as a useful textbook for non-specialists as well as advanced undergraduate and taught postgraduate IT and IP courses.

A data security breach occurs when there is a loss or theft of, or other unauthorized access to, sensitive personally identifiable information that could result in the potential compromise of the confidentiality or integrity of data. This book provides an overview of state security breach notification laws applicable to entities that collect, maintain, own, possess, or license personal information. This book describes information security and security breach notification requirements in the Office of Management and Budget's "Breach Notification Policy," the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), and the Gramm-Leach-Bliley Act (GLBA).