About the Book
This book addresses the infusion of law and computer technology in two ways; first, by describing relevant areas of law in the context of computers and, secondly, by proposing practical suggestions as how to use the law, or allow for its deficiencies, so that the law can be used constructively and the many pitfalls can be avoided. It is hoped that this book will prove useful to those actively engaged in the research, development and commercial exploitation of computer systems and softwares well as those computer professionals and others responsible for, involved in, the day to day operation of computer systems, such as data processing and information technology managers and personnel. This book should also prove useful to law students taking one of the increasing number of computer technology and law courses and to practising lawyers specializing in computer law.
Table of Contents:
Part 1 Computers and intellectual property: overview of intellectual property rights - copyright law, patent law, the law of confidence, the law of designs, trade marks and passing-off, semiconductor regulations; copyright basics 16 - fundamentals, remedies for infringment of copyright, moral rights, dealing with copyright; computers and copyright 24 - computer programs, originality and storage, ancillary materials, restricted acts for computer programs, back-up copies of computer programs, "look and feel" and the limits of copyright protection, employees and freelance programmers, devices to overcome coy-protection; computer generated works 43 - works created using a computer, works created by a computer, intermediate works; the law of confidence - quality of confidence, obligation of confidence, remedies for breach of confidence; patent law - basic requirements, new invention, inventive step, industrial application, exclusions from patentability, infringment, defences and remedies, miscellaneous; trade marks and passing-off - trade marks, what is a trade mark?, the requirements for registering a trade mark, obstacles and objections to registration, passing-off, basic requirements for a passing-off action, the misrepresentation, common fields of activity, remedies for passing-off; designs - registered designs, the new design right; semiconductor products - topography right, remedies; international implications and sumamry - international implications, summary, practical suggestions. Part 2 Computer contracts: introduction to computer contracts; fundamentals of computer contracts - nature of the contract, negligence, product liability, breach of contract, misrepresentation, exemption clauses; contracts for writing software - definitions, licence agreement, the contract price, specification, time for completion, maintenance of an enhancements to the software, escrow, copyright and other intellectual property rights, liability, arbitration, other terms; licence agreements for "off-the-shelf" software - misrepresentation and dealers' promises, back-up coping of programs, integration and upgrades, training and support; contract betwen software author and publisher - payment, training, maintenance and defects, confidentiality, liability; hardware contracts - performance, maintenance and upgrades, legal controls; summary and checklist. Part 3 Computers and crime: introduction - the prosecution of criminal offences; computer fraud - types of computer fraud, fraud offences, obtaining by deception, computer fraud is theft, other offences involving fraud; hacking - the unauthorized agenda of computer systems - the problem in perspective, the case of R v gold, offences under the theft act 1968, communications offences, data protection act 1984; damage to computer programs or data - criminal