Chpt 31: E-commerce Flashcards
E-Commerce
What is e-commerce?
The delivery of products, services, information, and payments by telephone, computer or other automated media
What is the difference between click wrap and browse wrap?
Click wrap - Forces you to click through terms and conditions
Browse wrap - Gives you the option to read them if you want
What does PIPEDA stand for?
Personal Information Protection and Electronics Document Act
Why is PIPEDA important for contract law?
- Allows electronic contracts or notices be used as an alternative to written ones
- Recognizes the legality of electronic documents and signatures
Why is the Uniform Electronic Commerce Act important for contract law?
- Information in electronic form has legality, enforceable, and can satisfy a written requirement
- Legalizes e-signatures
- Offer, acceptance and other parts of a contract may be done electronically
How does the Consumer Protection Act protect customers?
Makes a contract unenforceable unless the customer receives an un-editable copy (e.g. PDF)
What are some Tor Issues related to E-Commerce?
- For Negligent Misrepresentation (e.g. customer testimonies) who do you have your duty of care to? How Big is the victim pool?
- Fraud becomes much easier in the digital world
- Does hyperlinking a defamatory document count as defamation? Only if it opens in the same window, in which case you are liable since you are publishing it
- You also have a duty to protect your clients and their information, otherwise it is negligent security
What is a trademark?
What is trademark infringement?
A distributive mark used to distinguish a product or service from others
Infringement of a trademark is use of that trademark or of a confusingly similar mark
How does the internet effect trademark law
Becomes easier to detect infringement
Unauthorized linking to a website may also be infringement as it associates the brand with the linker
Confusingly similar domain names can also be considered infringement
What is cybersquatting?
The act of purchasing a domain name associated with the trademark of another person with the intention of selling it back to the person for money
What is copyright?
What is a work?
What is copyright infringement?
The right given to a creator of a work to exclusively copy, produce or distribute that work for his/her life + 50 years
A work is any original dramatic, literary, musical or artistic creation, published or unpublished including the title
Anyone who copies, distributes or uses a work without permission from the copyright holder is infringing on copyright
What is considered fair use?
Research Private study Education Parody Satire Criticism Review News Reporting
What is the YouTube Exception?
Using copyrighted materiel for personal use is okay as long as you aren’t gaining from it
What should you keep in mind while analyzing copyright cases
- Is it fair use
2. Was a fair amount used
How are the ways a copyright owner can license their work to others?
- Royalties
- Tariffs
- Collective Societies (the owner can license to a collective, who licenses out their entire inventory, fees paid back to owners)
- Canadian Copyright Board (the board sets a tariff for licensing)
How to copyright tariffs work?
- When communicating works to the public, tariffs are levied from audio equipment and distribution companies
How can copyright owners block others from their work?
- TPMs (Technical protection measures) and DRMS (Digital rights management systems
- Copyright Act prohibits circumventing TPMs and DRMSs
- ISPs duty to notify
- WIPO
What are TPMs?
What are DRMS
TPMs are access or use locks on that deny access or certain uses of a work without permission
DRMS collect data on payment for, licenses and authenticity of a work
How long does a patent last?
20 years
What qualifies for a patent?
A new/novel/useful product, composition, machine, process or improvement
What are the important points of the Patent Act?
- Defines application process, opposition and re-exmination of patents
- Defines prioritization of first applicant
T/F: Finding a new use for a patent qualifies it for renewal
True
What does PIPEDA stand for?
Personal Information Protection and Electronic Documents Act
Who does PIPEDA apply to?
Any organization that collects, uses or discloses personal information in the course of its business activities
What are the four main points of PIPEDA?
1) Organizations are required to develop and publish privacy policies and have a privacy person
2) You must obtain consent to use or disclose a person’s information
3) Individuals have the right to inspect personal information companies have of them and have it corrected
4) Personal information must be securely stored used and destroyed
Is spam legal in Canada?
No, under Canada’s Anti-Spam Legislation it is illegal to send a commercial electronic message without the consent of the recipient
Fines up to $10 000 000 may be applied
What is considered implied consent under CASL?
1) The recipient transacted with the business within 2 years
2) The business and recipient were parties to a written contract within the last 2 years
3) The business received an inquiry from the recipient within the last 2 years
What is an important exception to CASL?
If a matter of compliance is being investigated, ISPs may turn over information to authorities
According to GAP, who do you have to disclose privacy breaches to?
The privacy commissioner, NOT the owner
Why are FIPA and HIPA important?
More serious punishments and stricter reporting rules for information the government has and healthcare information
