Chap. 7 Legal, Ethical, and Tax Issues

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Chap. 7 Legal, Ethical, and Tax Issues Door Mind Map: Chap. 7 Legal, Ethical, and  Tax Issues

1. Borders and Jurisdiction

1.1. Power

1.1.1. For laws to be effective, a gov. must be able to enforce them. Effective enforcement requires the power both to exercise physical control over residents and impose sanctions on those who oppose.

1.2. Effects

1.2.1. Laws in the physical world are grounded in the relation between physical proximity and the effects, or impact, of a person’s behavior. Characteristics of laws are established by the local culture’s acceptance or rejection of various kinds of effects.

1.3. Legitimacy

1.3.1. the idea that those subject to laws should have some role in formulating them. In this instance, businesses that use the web should be ready to deal with a wide variety of regulations as they expand business into other countries.

1.4. Notice

1.4.1. The notice regarding one set of rules has been replaced by a different set of rules. People can obey and perceive a law or cultural norm as fair only if they are notified of its existence.

2. Jurisdiction

2.1. Subject-matter jurisdiction

2.1.1. court’s authority to decide a particular type of dispute.

2.2. Personal jurisdiction

2.2.1. – in general, determined by the residence of the parties. People can voluntarily submit to a jurisdiction by signing a forum selection clause. The state then has personal jurisdiction over the parties who signed the contract.

2.3. Jurisdiction in International E-com

2.3.1. the exercise of jurisdiction across international borders is governed by treaties between the countries engaged in the dispute. Non-U.S. corporations can be sued in U.S. Courts and visa versa. Any business that intends to conduct E-com should consult an attorney if any international issues arise.

3. Contracting and Contract enforcement in E-com

3.1. Written Contracts on the Web

3.1.1. contracts are valid even if they are not in writing or signed. Although, certain categories of contacts are not enforceable unless the terms are put into writing and signed by both parties. Firms conducting international E-com do not need to worry about the signed writing requirements in most cases.

3.2. Warranties on the Web

3.2.1. any contract for the sale of goods includes implied warranties. Sellers can create explicit warranties. Sellers usually post warranties in brochures or other advertising mediums about the product.

3.3. Authority to form contracts

3.3.1. Issues regarding who has authority to bind a contract can be a problem. In E-com, the online nature of acceptances can make it easy for i.d. forgers to pose as others. Luckily, internet tech that makes forged i.d.’s easy to create also providers the means to avoid being deceived by a forged i.d.

3.4. Terms of Service

3.4.1. detailed rules that are intended to limit the Web site owner’s liability for what you might do with info you obtain from the site. A site’s visitor is held to the terms of service even if that visitor has not read the agreement.

4. Use and Protection of Intellectual Property in Online Business

4.1. Web site content Issues

4.1.1. Copyright Infringement is the unauthorized use of material that is covered by copyright law, in such a way that violates the original idea. The idea contained in an expression that is copyrighted cannot be copyrighted.

4.1.2. Patent Infringement The stealing of an idea or an invention that someone already has the right of credit to.

4.1.3. TM Infringement The stealing of a symbol, graphic, or other type of illustration that someone already has legal authority over.

5. Domain names, Cyber squatting, and name stealing

5.1. Cyber squatting

5.1.1. Cyber squatting is the practice of registering a domain name that is the TM of another person or company in hopes that the owner will pay huge amounts to acquire the URL. Cyber squatters can in turn charge high advertising rates from the visitors that they attract.

5.2. Name Changing

5.2.1. A related problem is Name Changing which is an action of someone registering a misspelled variation of well known domain names.

5.3. Name Stealing

5.3.1. Name Stealing can also occur when someone posing as a site’s administrator changes the ownership of the site’s assigned domain name to another site and owner.

6. Online Crime, Terrorism, and Warfare

6.1. Online Warefare and Terrorism

6.1.1. today with terrorism and warfare looming, the internet is a battleground for this activity. There are sites out there that provide detail in making certain weapons, discussion groups that help terrorists recruit, and other evils that exist.

6.2. Online Crime

6.2.1. crime on the web includes theft, stalking, distribution of pornography, gambling, and commandeering one computer to launch attacks on other computer. Law enforcement agencies have difficulties combating many types of online crime.

7. Ethical Issues

7.1. Issues

7.1.1. web sites that conduct E-com should abide to the same standards of ethics that other businesses follow. If not damaged reputation and trust can result.

7.2. Privacy rights and Obligations

7.2.1. online privacy is continuing to evolve as the internet and the web grow in importance as tools of communication and commerce. Laws currently have not kept pace with the growth of the internet. The degree of personal info that web sites can record about visitors’ viewing habits, products selections, demographics can threaten privacy of those visitors.

8. Important Definitions

8.1. Jurisdiction

8.1.1. A gov.'s ability to exert control over a person or corporation.

8.2. Constructive Notice

8.2.1. Bargined-for exchange of something valuable, such as money or property.

8.3. Contract

8.3.1. Agreement between two or more legal entities that provides for an exchange of value between or among them.

8.4. Breach of Contract

8.4.1. Failure of one party to comply with the terms of a contract.

8.5. Long-arm statues

8.5.1. state law that creates personal jurisdiction for courts.

8.6. Judicial comity

8.6.1. Accommodation by court in one country in which voluntarily enforces another country's laws or court judgments when no strict requirement to do so exists.

8.7. Conflict of Laws

8.7.1. Situation in which federal, state, and local laws address the same issues in different ways.

8.8. Implied Contract

8.8.1. Agreement between two parties stating that a contract exists, even if none were signed or written.

8.9. Warranty Disclaimer

8.9.1. Statement indicating that the seller will not honor some or all implied warranties.

8.10. Authority to Bind

8.10.1. Ability of an individual to commit his or her company to a contract.

8.11. Interllectual Property

8.11.1. Term that includes all products of the human mind, including tangible/intangible products.

8.12. Copyright

8.12.1. A legal protection of intellectual property.

8.13. Opt-in

8.13.1. Personal collection policy where the company collecting info, does not use the info for any other purpose unless customer specifically chooses to allow that use.

8.14. Opt-out

8.14.1. Personal collection policy where the company collecting info assumes that the customer does not object to the company's use of the info unless the customer specifically chooses to deny permission.

8.15. Trademark Delusion

8.15.1. Reduction of the distinctive quality of a TM by alternative uses.