One of the key tests that the courts have prescribed to determine territorial. In the physical world three elements must be satisfied in order to make a valid contract, namely, offer,. The same three elements must also be present in case of a valid online. An offer is a commitment with certain terms made to another party such as willingness to buy or.
A contract is formed when a party accepts the offer of another party for consideration. Consideration is the. Here, consideration for Mr. It is not necessary to have a written contract. The contract can be made orally or by conduct or through. So, offers and acceptances can occur in the cyberspace when parties exchange email. An offer can be revoked as long as. Note where a seller advertises. Normally, by looking at a web ad, the buyer can send an order, which in fact is an offer the seller can.
If the seller cannot supply the ordered items it has an option to reject the offer. Then the buyer has the option to accept or reject the counter offer. See Fig. Offer and Acceptance. Statement of. Rejection of. Counter Offer. No Contract. To overcome this problem companies and individuals can use digital signatures to. It is particularly desirable that where a contract is of significant amount, parties should require each other. Where due to the failure of a company to protect the passwords stored with.
In such circumstances the company may be. Creations or works that can be ed include books, music,. Note that there is no in ideas. Only, a particular form or expression of the idea can be. If an idea cannot be separated from its expression, the work cannot be ed. Thus, in. Most web pages are likely to be protected by.
In the case of an electronic transferable record in the form of a smart contract on a blockchain network, the similar principles can apply. Any change in the document would result in a different signature allowing the recipient to ascertain whether an alteration has occurred after the first digital signing. Regulations and codes are unlikely to be required. A very brief history of AI and Law. Read more about the grading system. The course reviews legal code primarily EU regulatory instruments also its interaction with computer code.
Naturally, it causes a problem. Each time an http request is made by a client, a copy of the. Similarly, where ISPs are engaged in caching, an extra. Some people had argued. Generally, fair use of a ed work includes copying it for use in criticism,. Experts draw support from this concept of.
It is also argued that in cases where the. In such an eventuality, the issue of. Nature of work:- if the copied work contains factual information then it may be more effectively covered.
View E-Commerce Law Research Papers on izusajejijus.tk for free. law and other legal developments in Slovenian law concerning the following topics: 1. This has raised a lot of legal issues and challenges which were addressed in this paper. .. A lot of legal researches and studies on e-commerce in Nigeria have.
Extent of the work copied: - if the amount of work copied is insignificantly small then the courts might take. Effect on the market value of the work:- A person alleged with the violation may escape any. Other matters concern the copying of trademarks of popular online sites by other companies in a bid to build their popularity. Example of an online trademark dispute is the case where WWF had been sued for using the trademark worldwrestlingfederation. However, most disputes on intellectual property in e-commerce relate to copyrighting other persons materials without their consent.
This has caused developers of digital content worldwide to lose billions of dollars in revenue every year. Despite the heavy and illegal loss in revenue, an effective solution to copyright infringement in the e-commerce industry is yet to be found. Digital technology enables the transfer and use of copyrighted material over the internet. Digitization entails transformation of the relevant content into binary form which is transferable over the internet.
Once the transfer has taken place, the material then becomes available to other internet users and it could be copied and stored in digital form. The exchange of text, sound, videos and computer software is a common phenomenon on the internet. Most of the material shared by users over the internet is copyrighted content on information and entertainment products especially audio-visual properties such as films and music.
Nowadays, thanks to internet technology and e-commerce, it is possible for me to download audio and video music at almost no cost from sites such as MP3. Other sites contain copied literary works such as books, journals, magazines and periodicals which are available to internet users for free or upon paying a small fee to these sites.
Due to the lack of coordinated international laws to regulate copyright violations perpetrated through the internet, such online sites are able to run freely causing loss of billions of dollars in revenue to both the copyright owners as well as the government through taxation. As a matter of fact, the internet technology and e-commerce have undermined the copyright industry. By using the internet it is possible to produce innumerable copies of an artistic or literary work almost at an instant and then distribute the same around the globe within some few minutes. The copyright industry is one of the key industries in the global economy.
With the impact of the internet on this industry such revenues will continue to dwindle unless measures are taken to control intellectual property violations facilitated by the internet. Infringement of IP has negative implications to the IP owners through lost proceeds, to the government through lost tax revenue and to the society since producers of the involved products will not be willing to supply them in the future Seglin, Some major steps that could be taken to protect IP owners include: enhancing technology to produce copy-proof material which cannot be shared over the internet, coordinating international laws and establishing effective international treaties to protect IP owners and imposing heavy fines on IP violators as well as providing adequate remedies to IP owners.
The rapid growth of e-commerce has presented a host of legal and ethical challenges most of which are associated with informational privacy and intellectual property rights. The advent of the internet made it possible for organizations to capture private information about internet users who are oblivious of this act by firms. It also made it possible to steal intellectual property without legal consequences easily. Legal vs. Ethical issues Legal issues are the matters related to the law. Privacy Issues Privacy matters in e-commerce involve informational privacy, that is, the right of individuals, groups and firms to decide the degree to which businesses can distribute information about them to the third parties.
Site Registration Many online companies need new visitors to their sites to register to access the content in their web sites. Personal Account of Information Privacy Violation I am a heavy internet user and in a normal day, I usually visit hundreds of web sites most of which need registration to access them.
Intellectual Property Intellectual property relates to intangible property rights. Patents A patent confers to the holder exclusive rights on an invention for a fixed time. Trademarks A trademark is a graphical design used by businesses for identifying their products and services Stewart, Unethical Issues Relating to Intellectual Property in E-commerce E-commerce being internet based faces a host of challenges with regard to violation of intellectual property rights. Personal Account of Intellectual Property Infringement in E-commerce Digital technology enables the transfer and use of copyrighted material over the internet.
There was initially a hesitation amongst the legislatures to recognize this modern technology, but now many countries have passed laws to recognize electronic contracts. E-contract is any kind of contract formed in the course of e-commerce by the interaction of two or more individuals using electronic means, such as e-mail, the interaction of an individual with an electronic agent , such as a computer program, or the interaction of at least two electronic agents that are programmed to recognize the existence of a contract .
E-contract is a contract modelled, specified, executed and deployed by a software system . The 2 main parties to an e-contract are- The Originator and the Addressee. An Addressee according to the IT Act, is a person who is intended by the originator to receive the electronic record but does not include any Intermediary.
The parties do not, in most cases, meet physically.
There are no physical boundaries. No handwritten signature and in most times, no hand writing is required. Since there is no utmost security, risk factor is very high. Jurisdictional issues are a major setback on e-contracts in case of breach. There is no single authority to monitor the whole process especially in shrink wrap contracts.
Digital Signatures are used and electronic records are used as evidences in court n when need arises. The subject matter includes:. Physical goods, where goods are ordered onlineand paid over internet and physical delivery is made. Since electronic contracts are presently taken as seriously as offline contracts, the same principles which apply to a valid contract will apply here.
The law already recognizes contracts formed using facsimile, telex and other similar technology. An agreement between parties is legally valid if it satisfies the requirements of the law regarding its formation, i. This intention is evidenced by their compliance with 3 classical cornerstones i. Under section 2 a of The Indian Contract Act, speaks of offer.
Advertisement on website may or may not constitute an offer as offer and invitation to treat are two distinct concepts. Being an offer to unspecified person, it is probably an invitation to treat, unless a contrary intention is clearly expressed. The test is of intention whether by supplying the information, the person intends to be legally bound or not. When consumers respond through an e-mail or by filling in an online form, built into the web page, they make an Offer.
The seller can accept this offer either by express confirmation or by conduct. An invitation to treat is not capable of being turned into a binding contract by simply accepting its terms. Rather, it is an invitation to others to make an offer of their own. By contrast, an offer is an expression of willingness to enter into a binding contract with another party . The question which arises is, does it apply in electronic contracts? Is it when it enters the computer resource as provided under Section 13 of the IT Act or when the offeror receives acknowledgement as in section 12 of the IT Act?
The communication of offer is complete when it comes to the knowledge of the offeree and acknowledgement is received by him. The offeror is able to revoke the offer any time before the communication of acceptance is complete as provided in section 5 of Indian Contract Act and has not been altered by IT Act. One difficult task about entering electronic contract is to know when an agreement has been reached.
Once an offer is accepted, a contract is concluded except the postal acceptance rule applies. The postal acceptance rule is an exception to the general rule that acceptance of a contract must be communicated to the offeror before a contract can be in existence. Under the rule, acceptance of a contract is said to occur at the time the acceptance is posted.
Hence, the communication of acceptance is complete against the proposer when it is put in the course of transmission to him and as against the acceptor when it comes to the knowledge of the proposer, that is, when the acknowledgement enters into the into the designated computer resource.