CyberRegs: A Business Guide to Web Property, Privacy, and Patents

Bill Zoellick

  • 出版商: Addison-Wesley Professional
  • 出版日期: 2001-09-14
  • 定價: USD $39.99
  • 售價: $1,120
  • 語言: 英文
  • 頁數: 307
  • 裝訂: Hardcover
  • ISBN: 0201722305
  • ISBN-13: 9780201722307

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產品描述

An up-to-the-minute executive's briefing on Internet law and regulation.

  • How the rapidly evolving law of the Internet is transforming the e-Business playing field.
  • Privacy, patents, and intellectual property: what the debates mean to you.
  • Critical information and insights you need to influence public policy!

New government regulation, legislation, and technology trends are dramatically changing the Web, making yesterday's assumptions obsolete -- often, disastrously so. In this thought-provoking book, leading Web consultant Bill Zoellick offers an up-to-minute executive briefing on the enormous paradigm shift that's under way -- giving businesspeople the critical information they need to understand its impact, and influence the debate. Yesterday's popular notion -- that the Web's freedom-loving nature will sweep away existing rules, business arrangements, and governments -- has proven to be a hopelessly poor foundation for planning, strategy, and investment. Will yesterday's wide-eyed anarchy be replaced by tomorrow's cynicism and control? Can a middle ground be found that will protect the Web's vitality and your business interests? This book focuses on four key areas of public policy and Web technology: patent, copyright, privacy policy, and electronic signatures. For each topic, Zoellick presents a brief history of the issues, litigation, and legislation, and applies the state-of-the-law to a current Web business. The result: a "big picture" view that helps businesspeople recognize the issues, understand their short-term and long-term interests -- and impact the outcome.

Table of Contents

Introduction.
Acknowledgments.

I. COPYRIGHT.

1. Creating and Resisting Change.

Brief Background.
Copyright and Policy.
Setting the Stage for Napster.
Infringement by Users?
Contributory Infringement?
Taking Care of Business in the Courts.
Controlling the Market.
An Alternative and a Threat to Control.
Does Anyone Have the Time?

Business Takes Care of Business.
Postscript.
Lessons from Napster.


2. Congress Asserts Control.

The Digital Millennium Copyright Act.
The DMCA in Action.
Scope: The Question of Commercially Significant Purpose.
Restriction of Access.

Consequences and Causes.
Making Problems Simple.
Making Problems Simple.
Keeping Up with Developments.


3. Control Put Into Practice.

Electronic Distribution as Threat and Opportunity.
Four Strategies.
Technical Protection Services.
Contracts and Licensing Agreements.
Licenses as a Way to Constrain a User's Rights.
Digital Distribution and New Laws Make Use of Licensing Easier.

Changing the Publishing and Distribution Model.
From Specific to General.
Changing the Business Model.
Convergence: Complete Control.
Technical Restriction.
Licensing: The Second Side of the Triangle.

Closing the Triangle: The DMCA.
A Complex Message for a Complex Problem.


4. Copyright Policy and Progress.

The Perspective from Mars.
Licensing.
Implications for Business.
Value Moves Downstream.
Business Focuses on Licenses, Not Sale of Copies.
Value Increases through Aggregation.

Practice and Policy.
Starting on the Wrong Foot.
Moving Forward.


5. Copyright: Further Reading.

II. Patents.

6. Subdividing the Internet Frontier.

The Power of Patents.
Why Have Patents at All?
Basic Rules.
Amazon's 1-Click Patent.
What's So Obvious?
Where's Alice?
Postscript.
What to Make of All This.


7. Patent Sprawl.

Some Recent Internet Patents.
Concerns Raised by These Patents.
High-Level Approach Rather Than Detailed Technology.
Application of Traditional, Offline Approaches to the Internet.
The “Obviousness” Problem.
Impediment to Innovation.
Not Necessary for Growth.
Intellectual Property Time Bombs for Internet Businesses.
Burdensome Expenses of Litigation

Making Sense of the Dispute.


8. What is Patentable?

Software.
Adding a Computer to a Known Process.
Software Patents at the Start of the Internet Boom.


9. Claiming More: Business Method Patents.

An Initial Setback.
Expanding the Scope of Patents.
The Impact of State Street.
Subject Matter and Breadth.
State Street in a Nutshell A Market with Patent Protection A Market with Patent Protection


10. Predicting the Impact of Internet Patents.

A Market without Patent Protection.
What If?
The Argument against Patenting.
The Argument for Patenting.

A Market with Patent Protection.
A Potential Deal with Microsoft.
The Deal Goes Sour.
The Patent Works.
Financial Outcome, Thanks to the Patent.

Pros and Cons: Patent Policy.


11. The Business of Inventing.

A Business Method Laboratory.
Inventing from Value and Extending Value.
Walker Digital's Big Idea.
Learning from Walker Digital's Practices


12. Congress and Patents.

Scope of the American Inventors Protection Act.
Congress Meets State Street.
A Limited, Adapted Response.
Looking Forward.


13. Maximizing Benefit, Minimizing Cost.

Who's Behind the Change?


14. Patents: Further Reading.

III. Electronic Signatures.

15. Matching the Legislation to the Problem.

What the Legislation Does.
What the Legislation Does Not Do.
What Is the Problem to Be Solved?
Unresolved Issues.

Summary of the E-SIGN Act Approach.


 

A Deeper Look Technical Background on Digital Signatures.

Notes.
16. The Impact of the Legislation.
Recognizing How Little We Understand.
17. Learning From the Electronic Signatures Act.
Recognizing How Little We Understand.
Restricting Government Action to What Is Necessary.
Accepting the Fact That Markets Need Time to Work.
The E-SIGN Act as Model.
18. Electronic Signatures: Further Reading.

IV. Privacy.

19. A Market for Privacy.
Putting a Price on Private Information.
The Value of Aggregation.
Developing a Framework for Privacy Policy.
20. The Right to Privacy.
The Right to Be Let Alone.
The Basis for Privacy Rights.
The Nature of the Privacy Right.
Conflict with Other Laws Adds to the Confusion.
Recent Developments: Telemarketing.
Summarizing the Nature of the Privacy Right.

The Law and Privacy.
21. Consumer Concerns.
The DoubleClick Story.
Consumers and Web Privacy.
Let's Make a Deal.
Cede Some Control.
Make It Easy.
Expand.

Broader Privacy Concerns.
The Tone of the Concerns.
Concern about Technology.

Creating Fertile Soil for Web Business.


 

A Deeper Look Technical Background on Cookies and Web Bugs.

Cookies
Web Bugs.
More Information.


 

A Deeper Look Technical Background on the Platform for Privacy Preferences Project.

What Is in a P3P Privacy Policy Statement?
User Agents and Services.
What Bothers Privacy Activists.
Encoding the Industry View of Privacy.
Making Data Collection Easier.
Distracting from Creation of Meaningful Privacy Regulations.

P3P in the Business Context.
Is P3P a Good Thing?
22. The Privacy Debate in Congress. 
Coverage.
Consent.
Access.
State Laws.
Enforcement.
Safe Harbor.
Notice of Change.
Assembling the Pieces.
23. A Privacy Framework.
Privacy as a Right.
Monetizing Privacy.
The Fallacy of the Powerless Customer.
My View.
24. Privacy: Further Reading.
Printed Resources.
Web Sites.
Epilogue.