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Level 43

Legal Environment of Electronic Commerce


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Acceptance
in contracts, occurs when a party to whom an offer has been made agrees to proposal
Advance fee fraud
the perpetrator offers to share the proceeds of some large payoff with the victim if the victim will make a "good faith" deposit or provide some partial funding first.
Amazon law
state laws that require online retailers to collect and remit sales taxes on sales they make in their states, even though the online retailers do not have nexus with the state.
Authority to bind
can arise when an employee of a company accepts a contract and the company later asserts that the employee did not have such authority.
breach of contract
failure to uphold ones promise
Browser-wrap acceptance
agree to a site's EULA or its terms and conditions by using a Web site.
Business process patent
protects a specific set of procedures for conducting a particular business activity, and is quite controversial.
Click-wrap acceptance
agree to a site's EULA or its terms and conditions by clicking a button on the Web site.
Common Law
traditional unwritten law from England
Conflict of laws
in the United States, business is governed by federal laws, state laws, and local laws. Sometimes, these laws address the same issues in different ways.
Consideration
that which is given or received in a contract
Constructive notice
received by people that have become subject to new laws and cultural norms when they cross an international border, even if they are not specifically warned of the changed laws and norms by a …
Contract
agreement that courts will enforce
Cookies
small text files placed on Web client computers to identify returning visitors.
Copy control
an electronic mechanism for limiting the number of copies that one can make of a digital work.
Copyright
the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
Customs duty (duty)
a tax levied on products as they enter the country.
Cyberbullying
young people can use technology to harass, humiliate, threaten, and embarrass each other.
Cybersquatting
the practice of registering a domain name that is the trademark of another person or company in the hopes that the owner will pay huge amounts of money to acquire the URL.
Defamatory
a statement that is false and that injures the reputation of another person or company.
Digital watermark
a digital code or stream embedded undetectably in a digital image or audio file.
Domain name ownership change
occurs when owner information maintained by a public domain registrar is changed in the registrar's database to reflect a new owner's name and business address.
Effects
impact of a person's behavior.
End-user license agreement (EULA)
a contract that the user must accept before installing the software.
Fair use
copying copyrighted work for use in criticism, comment, news reporting, teaching, scholarship, or research.
Forum selection clause
a contract that includes a statement that the contract will be enforced according to the laws of a particular state.
Implied contract
contract that comes about from the actions of the parties; often without exchanging of words
Implied warranty
promise to which the seller can be held even though the seller did not make an explicit statement of that promise.
Income tax
a tax paid on earnings from wages, interest dividends, and other sources
Intellectual property
copyrights, trademarks and patents
intentional tort
when one person deliberately inflicts injury to another person or damages that person's property
Judicial comity
principle followed by courts when they voluntarily enforce other countries' laws or judgments out of a sense of comity, or friendly civility.
Jurisdiction
An area of authority or control; the right to administer justice.
Legitimacy
the idea that those subject to laws should have some role in formulating them.
Long-Arm Statute
A law that allows a state to acquire in personam jurisdiction over a defendant who comes into the state and commits a tort or enters into a contract.
Name changing (typosquatting)
a problem that occurs when someone registers purposely misspelled variations of well-known domain names. These variants sometimes lure consumers who make typographical errors when entering a URL.
Name stealing
occurs when someone other than a domain name's owner changes the ownership of the domain name.
Negligent tort
the seller unintentionally provides a harmful product.
Nexus
the connection between a tax-paying entity and a government.
Nigerian scam (419 scam)
the victim receives an e-mail from a Nigerian government official requesting assistance in moving money to a foreign bank account.
Notice
the expression of a change in rules.
Offer
proposal by an offeror to enter into a legal agreement
Opt-in
in this approach, the company collecting the information assumes that the customer does not object to the company's use of the information unless the customer specifically chooses to deny permission.
Opt-out
the company collecting the information does not use the information for any other purpose (or sell or rent the information) unless the customer specifically chooses to allow that use (that is, to opt in…
Patent
a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
Per se defamation
a court deems some types of statements to be so negative that injury is assumed.
Personal Jurisdiction
Jurisdiction of the court over a person, meaning that all of the person's assets are subject to a taking and sale by the court.
Power
a form of control over physical space and the people and objects that reside in that space; a defining characteristic of statehood.
product disparagement
commecrial tort, any adverse information about a product that's not true
property tax
indirect regressive state tax on real and personal properties
Right of publicity
a limited right to control others' commercial use of an individual's name, image, likeness, or identifying aspect of identity.
Service mark
similar to a trademark, but it is used to identify services provided.
Sexting
the illegal practice of sending sexually explicit messages or photos using a mobile phone.
Shrink-wrap acceptance
the practice of accepting the conditions of the EULA by removing the shrink-wrap from the box.
Signature
any symbol executed or adopted for the purpose of authenticating a writing.
Statute of Frauds
requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract; a contract that fails to comply is UNENFORCEABLE
Statutory law
arises when elected legislative bodies pass laws, which are also statutes.
Streamlined Sales and Use Tax Agreement (SSUTA)
an agreement between U.S. states that would simplify state sales taxes by making the various state tax codes more congruent with each other while allowing each state to set its own rates.
Subject-matter jurisdiction
a court's authority to decide a particular type of dispute.
Sufficient jurisdiction
when a court has both subject-matter jurisdiction and personal jurisdiction.
tariff
indirect and regressive federal tax on imported goods
Terms of service (ToS)
intended to limit the Web site owner's liability for what you might do with information you obtain from the site.
Tort
A civil wrong, other than breach of contract, for which the court can award money damages.
Trade name
the name (or a part of that name) that a business uses to identify itself.
Trademark
a symbol, word, or words legally registered or established by use as representing a company or product.
Trademark dilution
the reduction of the distinctive quality of a trademark by alternative uses.
Transaction tax (transfer tax)
sales taxes, use taxes, excise taxes, and customs duties that are levied on the products or services that a company sells or uses.
Transfer tax (transaction tax)
sales taxes, use taxes, excise taxes, and customs duties that are levied on the products or services that a company sells or uses.
Typosquatting (name changing)
a problem that occurs when someone registers purposely misspelled variations of well-known domain names. These variants sometimes lure consumers who make typographical errors when entering a URL.
Use tax
a tax levied by a state on property used in that state that was not purchased in that state.
Vicarious copyright infringement
an entity becomes liable if it is capable of supervising the infringing activity and obtains a financial benefit from the infringing activity.
Warranty disclaimer
a statement declaring that the seller will not honor some or all implied warranties.
Web-wrap acceptance
agree to a site's EULA or its terms and conditions by using a Web site.
Writing
exists when the terms of a contract have been reduced to some tangible form.