| Overview of CyberSpace Law
By: Prof. W. Ashwood Kavanna, Esq. Intellectual Property Claims:
Similarly, there have been claims against site operators alleging copyright infringement arising from the uploading or downloading of alleged copyrighted material (such as in Playboy Enters, Inc. v. Webb World, Inc., 1999). Also, there have been prominent claims of the infringement of patented methods of doing business, most notably the 1999 Amazon.com suit against Barnes & Nobel regarding “one-click” technology. *In addition to this expanding area of Intellectual Property Law, that I refer to as “Cyberspace Law,” there are expanding concepts of traditional liability law as it applies to the Net (See footnote at the end of the following chart for additional information and excerpts from my textbook). W. Ashwood Kavanna.................
CyberSpace Law
www.jmls.edu/cyber/index.html John Marshall Law school, Chicago, IL where you’ll find a list of cyberspace law topics such as copyright, domain names, privacy, and related court cases. Domain Name Disputes
Search Watch on Meta Tag Law
Suits
Bypassing:
Framing:
* Third-party (liability) Over
the Net:
Needless to point out, in this era of the Net, there can be great loss and damage other than to merely tangible properrty (i.e. pirating of intellectual property, defamation, etc.) Moreover, the scope of the terms “tangible property”, “physical injury” and “loss of use” in the e-commerce world isn’t certain. As in the first-party context, many will challenge claims arguing that purely economic loss that’s not related to physical harm isn’t covered for purposes of insurance claims. For example, compare the case of Segate Tech. Inc. v. St. Paul Fire & Marine Ins. Co., 1988, in which incorporation of defective disk drives into personal computers wasn’t covered under insurance “property damage,” to Retail Systems, Inc. v. CNA Is., 1991, in which loss of computer tape was considered physical injury to tangible property. These cases beg the question, in this era when content is King. Many of the content-based
intellectual property, media, and privacy exposures as the new law evolves
might be presented not as property damage claims, but rather as “personal
injury” or “advertising injury” claims under existing liability concept.
A typical “advertising injury” includes:
“Personal injury” might include the first two elements but not the latter two. Insurance coverage questions are certain to arise regarding whether the policyholder’s actions constitute covered “publication.” For example, many businesses gather and package information for targeted marketing. The business objective isn’t to disseminate the information in th traditional sense. Is that “Publication?” Further marketing on the Web involves the planting of Meta Tags that may infringe trademarks (i.e. Play case, ib. id. there by directing and linking others to your site. For law, it's a new world.) |