The legal Implications of Selling Online and Distance Contacts Licensing Recommendations Bibliography Introduction to E-Business Electron business commonly referred to as e business or an internet business may be defined as the application of information and communication technologies in support of all the activities of business.
Commerce constitutes the exchange of as one of the essential activities of any business Legal background The copyright and Related Rights Act 2000 defines a computer program as a “literary work” enjoying the full protection of copyright of copyright laws. The developer of the software holds the copyright of the software for 70 years after his death. Businesses must be covered by license agreements for each piece software being used. Many software licenses must be renewed annually. Garden I can receive warrants from district court Judges to search premises believe to in breach of software copyright.
When buying a programmer off a developer it would be recommended to get an exclusive license to the software so that is not then sold on by the developer to competitors. Graphics and logos can also be protected by copyright or by trademark. In regards to digital marketing new regulations have meant if found guilty of breaking rules in regard to direct marketing you can be prosecuted by the Data Protection Commissioner. Each unlawful message or call will constitute a separate offence and be subject to a fine of ?3,000.
Regulation states than an email, SMS, MS or a fax for the purpose of direct marketing shall not be sent to an individual recipient without consent. Under Irish law and law binding contracts can be concluded electronically. Keys are used by parties to a transaction to authenticate ore securely that the sender is a person with whom you intend to enter the binding contract. Supply of service Act 1980 if the contract is with a company outside Ireland then in general the rules that apply are of that of the country.
This is a major factor when using e-business Websites Businesses need to be conscious of the legal consequences of managing a website and doing business online. Websites must be registered with a domain name. Website with a substantial connection with Ireland can use . In this is the same with . . The World Intellectual Property Organization deals with complaints and disputes over domain names they then appoint a panelist to hear and make a verdict. The cost of making a complaint starts at $1000 and generally takes two month to make a verdict.
Selling Online and distance Contracts Keys are used by parties to a transaction to authenticate more securely that the sender is a person with whom you intend to enter the binding contract. Consumer protection has been greatly strengthened since 2001 through European Communities regulations governing distance contracts. A distance contract is defined as made between a supplier and a consumer, made under an organized distance sales or service provision scheme run by the supplier and. The law applies when the contract is concluded without the simultaneous physical presence of the supplier and the must prominently displayed on the site.
The best way to ensure the consumer s are made aware of the terms and conditions of the contract is to include a mechanism that force them to scroll through them and click a button to confirm they have understood them. In regards to pricing information must be include the prices of the goods and service including all taxes and the period for which the price remain valid. Fines of up to ?3000 can be imposed for any breach of the pricing regulation. There have been a huge number of business transactions occurring over the internet recently.
There are many businesses unaware of the full legal implications of online business. You must have the appropriate licenses for the software on your computer. When buying software in CD-ROOM you are buying into a licensed agreement. This is called shrink wrap agreement. Click wrap agreement has the same principals but is done so when purchasing software over the internet clicking on the agree button indicates the agreement of the terms and conditions. Other agreements are Multiple User License which allows several computers to use the same software but limits the users.
Company license will allow the software to be used across a company’s network. Most software is generally a once off payment but some can have annual users license payments. Recommendations After an in depth analysis into how the laws both in Ireland and Europe surrounding the operation of E-Business are written up and implemented in my personal judgment the consumer is heavily protected when it comes to legality of purchase and the pressure is on the seller to provide adequate information.
It is very clear the ass regarding licensing especially in terms of software businesses must be careful in this area to make sure they are not breaking laws and how there software is managed with regard to renewal and if they are the only owner s of a unique software bought for their business. Businesses must be conscious of legal consequences of managing a site and doing business online. With business transactions increasing year on year the implications of the laws will constantly be need to be updated and monitored.