E-Commerce Legal Issues - Essay Example

E-commerce legal issues By Name Date Introduction The fast speed of e-commerce expansion and development has normally left the legal system trying to continue as well as gasping for breath. In a great deal the similar way as businesses performing e-commerce have to discover new business standards and measures as well as rules, the legal system is attempting to adjust on-hand laws to comply with new settings where it is basically unclear how these laws will be appropriate. The e-commerce legal arrangements and tool of preference are the contract. In this scenario, if business or individual parties are able to consent how matters will be managed and capture that conformity in a written contract, they can, in a significant means, implement the rules that will oversee their planning. Alternatively, these agreements are able to offer a lot of confidence even in the quickly changing grounds of e-commerce law. We are able to as well suppose that as administration and judges attempt to grasp the law up to expansions in e-commerce, they will appear at flourishing techniques and practices as models (Kennedy, 2000; Laudon & Laudon, 2005; Turban et al., 2005). In addition, the problems and issue of regulation on the Internet is a difficult matter to deal with. In this scenario, between the two all-or-nothing extremes present a wide spectrum of potential. Additionally, the majority of people revel in the freedom to state themselves as well as the freedom from exclusions for example zoning limitations that the Internet actually affords. In fact, in the absence of proper laws, though, the Internet would be no place to carry out business or contentment. Laws provide people confidences regarding their jobs and rights: they make life more predictable (Nasir, 2004; UNITED NATIONS, 2007). This research is going to assess some of the major areas and aspects of the e-commerce in the context of legal issues. In this scenario, I will outline some of the major aspects and areas regarding the legal issues at e-commerce platforms and arrangements. Copyright & Trademark A large number of efforts have been made to tackle the problems associated with copyrights on online web based digital content. Additionally, e-commerce has an incredible influences on copyright as well as associated issues, and the range of copyrights is influencing how e-commerce developing. In this scenario, it is necessary that legal policies are placed and implemented suitably to make sure that digital technology does not weaken the fundamental doctrine of copyright as well as associated rights. From one viewpoint, the web has been illustrated as "the world's largest copy machine". On the other hand, previous technologies for example recording as well as taping are bound through regulations and rules about content, quantity, time and quality constraints. On the other hand, on the Internet one individual is able to transmit millions of copies to the entire world. For example with online media based legal issues; there are varieties of problems emerging these days. MP3 files allow us to download from the Internet a song as well as play again it at close to CD class. Not amazingly, the record business is extremely associated regarding this massive threat to profits. Copyright law articulates that no one is allowed to openly or record plays a song in absence of some agreement of the person who possesses the patent to that song. The proprietor is typically the record business that has obtained the rights to the song as of the singer. In the year 2001, the United Sates Court seized that MP3.com despoiled copyright law through allowing downloading on the Internet a wide library of songs with no rights of the possessors of the copyright in those songs. As there are numerous dissimilarities between US law and New Zealand Law, there is no hesitation that New Zealand courts would acquire a comparable approach to the United States (Mir & Banday, 2010; Nasir, 2004; Fortune Manning, 2012). In addition, a number of online systems have facilitated large scale utilization of music samples as well as audio formats. Software that is accessible without any fees on the Net permits the moves of songs as well as videos without the approval of rights owners (for example MP3 providers like Napster). Additionally, CD burners as well as portable MP3 players permit copyright infringements to occur rather simply. Numerous significant current developments have happened in the areas of copyright as well as associated issues that have far-reaching propositions intended for the business, and are being tackled in judiciaries, legislatures and international forums. In the past few years, a large number of new and innovative rules have passed in several nations to guarantee efficient safety and application of rights in the digital age. At the same time, copyright businesses are as well becoming accustomed their company techniques and utilizes of technology to exploit digital prospects, as guarding beside new risks (Mir & Banday, 2010; Nasir, 2004; Fortune Manning, 2012). Fraud on the Internet E-commerce fraud exploded out by means of the fast augment in famous websites. It is a hot issue for both click and mortar and cyber merchants. Additionally, the cheats are active mostly in the area of stocks. The small business financiers are lured through the promise of false earnings through the stock promoters. In addition, sales are as well conductive to fraud, through both sellers as well as buyers. Additionally, the accessibility of e-mails and pop up advertisements has covered the means intended for economic criminals to have access to numerous people. Other fields of possible fraud comprise phantom company prospects and bogus investments (Babu, 2011). Domain Names The business based competition over website domain names is one more legal issue that is present on the e-commerce. Internet website addresses are recognized as domain names as well as they become visible in levels. In this scenario, a high level name is microsoft.com or qburst.com. A next level name will be qburst.com/blog. High level website domain names are allocated through a fundamental non-profit company those as well checks for clashes or probable breach of trademarks. However, serious issues appear when numerous businesses have analogous website names competing over the similar domain name. The difficulty of domain names was improved somewhat in year 2001 following numerous upper level names were incorporated to com (Babu, 2011). Electronic Transaction A number of state, federal and territory administrations support the implementation of electronic commerce through enacting and facilitating legalization. For instance, in the Australia numerous bills and acts have been approved to determine legal problems and formulate electronic transaction more genuine, similar as the Electronic Transaction Act or ETA. Electronic Transaction Act facilitates contractual dealings, for example presents, receipt as well as invitations, to be carried out electronically, and as well permits individuals to make use of an electronic signature to convince some legal need and requirement. Yet the electronic transition of land is covered, "significantly, the Act is comparable in all material aspects to those working in together in other States as well as at the Federal level, consequently people are able to be certain that electronic transactions to perform the similar legal weight nationally. Through implementing sketching boundaries and laws all through the borderless Internet do we reverse the term "freedom of web based information"? Fast transformations in technology do not permit application of the exact laws in cyberspace. For at the present numerous businesses are encouraging worldwide management of legal structures (Nasir, 2004; Bwanya, 2010; Frieden & Roche, 2006; Nishith Desai Associates, 2012). Legal Issues in E-Business Functioning The technological foundation of e-commerce is essentially Web client/server middleware, or what is known as 3 tier technology architectures. The client arrangement is the Web browser comprising several category of form processing. In addition, the middle technology based web tier is the Web server, frequently with transaction handling and processing. The Web server revolves links to the 3rd tier, an online database handling and management the organizing information. A number of problems are severely Internet-related, for example trademarks and domain names, connecting and framing, meta-tag utilize and click-ware (and shrink-ware). Others are conventional problems implemented to the web, for example contracts, copyright, isolation taxation, consumer protection, regulated industries as well as jurisdiction (Nasir, 2004; Bwanya, 2010; Frieden & Roche, 2006; Nishith Desai Associates, 2012). In addition, e-commerce website development, its publicity, e-transaction, money dealings and similar engage numerous legal problems; those require to be taken into consideration gradually. Previous to build-up an e-commerce website a registered domain as well as a recorded trademark should be recognized. There have to be several copyright defenses on the website. The company has to make sure that it exhibits the terms and condition as well as strategies inside its website. Security concerning the confidentiality of a user's data is for all the time one of the major issue as performing business online. Explaining rules and policy intended for the commercial ads of the website through placing banners on other recognized websites is another. It is very important to consider when dealing with similar complex problems to deal out the attorney who focuses in the problems of cyberspace (Nasir, 2004; Bwanya, 2010; Frieden & Roche, 2006; Nishith Desai Associates, 2012). Conclusion The majority of the legal problems and issues regarding the e-commerce are not innovative. Lawyers should, though, be capable to be familiar with the augmented importance of specific legal problems to the web based environment. This research has presented some of the major aspects of the E-commerce which can cause various legal issues. This report has highlighted some of the important points regarding this area. There are many aspects that can create serious problems for the implementation of e-commerce. This report has highlighted various aspects such as domain name, copyrights, and electronic transactions. These matters can be handled through proper rules and laws. References Babu, R., 2011. E-Commerce Ethical and Legal Issues. [Online] Available at: http://www.qburst.com/blog/2011/03/e-commerce-ethical-and-legal-issues/ [Accessed 09 December 2012]. Bwanya, S., 2010. E-Commerce: Legal Issues to look out for. [Online] Available at: http://www.maweresibanda.co.zw/index.php?option=com_content&view=article&id=28:e-commerce-legal-issues-to-look-out-for&catid=1:latest&Itemid=66 [Accessed 07 December 2012]. Fortune Manning, 2012. The Internet and e-commerce - a legal perspective. [Online] Available at: http://www.findlaw.com/12international/countries/nz/articles/428.html [Accessed 10 December 2012]. Frieden, J.D. & Roche, S.P., 2006. E-COMMERCE: LEGAL ISSUES OF THE ONLINE RETAILER IN VIRGINIA. Richmond Journal of Law & Technology, 8(2). Kennedy, D., 2000. Features - Ten Key Legal Concerns in E-Commerce Ventures and Contracts. [Online] Available at: http://www.llrx.com/features/ecommerce.htm [Accessed 07 December 2012]. Laudon, K.C. & Laudon, J.P., 2005. Management Information Systems: Managing the Digital Firm, 9th edition. New York: Prentice Hall. Mir, F.A. & Banday, M.T., 2010. Emerging Legal Issues of E-Commerce IT ACT 2008. Sprouts: Working Papers on Information Systems, 10(131). Nasir, M.A., 2004. Legal issues involved in E-commerce. [Online] Available at: http://ubiquity.acm.org/article.cfm?id=985607 [Accessed 10 December 2012]. Nishith Desai Associates, 2012. Legal Issues in E-commerce. 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