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regulations on the internet
regulations on the internet
advertising laws and ethics
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Replacement Advertising on the Web - Is it Legally and Ethically
Acceptable?
Summary
=======
This report discusses the legality and ethics of a new piece of
software launched in February 2001, which allows ISP's to overlay
advertising banners on any web page on the net with adverts sold by,
and controlled by them. Investigations led to discussions about
Copyright infringement and European Competition Law. Many examples of
Case Law were also investigated for their possible links with issues
arising from the use of this software.
Introduction
============
This report is being written to try to understand the issues raised,
both legally and ethically, by the release of a new piece of software
(Fotino) onto the Internet market. In an attempt to answer whether
this software is an acceptable addition to the world of the web, only
replacement advertising as facilitated by Fotino software will be
considered. This is due to the fact that since my investigations into
this subject began other software packages have come to light, which
may be able to perform this function in a slightly different way.
The problem posed by this software has required investigations from
both a practical and theoretical standpoint, in that in practice the
software has not yet been adopted by any of the Internet Service
Providers (ISP's) and so cannot be fully investigated along this
route, yet from investigation I have been able to see the software in
action from it's marketing campaign. From a theoretical point of view
I have investigated existing laws and cases that I think may be used
in the future, either for or against the use of this software, should
any of the legal and ethical issues raised be fought in a court of
law.
This report is being written for anyone who may have an interest in
developing technologies and how they affect both the technological
world and society as a whole, ethically and legally. This report will
raise issues about the catch-up situation of the legal system and the
fast developing world of the internet. Due to the speed at which the
world of computers develops I do not feel that this report will
provide answers to the problem, but will merely provoke discussion and
thought about many issues. The Managing Director of Meltingpoint
Technologies - the company who developed the Fotino software, has
requested a c...
... middle of paper ...
...opean Community Law. London:
Blackstone Press Ltd. pp 250-267.
Web Sites
---------
Hunt, J, 2001. Guardian Unlimited [online]. UK: Guardian. Available
at:
URL:http://wwwguardian.co.uk/archive/article/0,4273,4136232,00.html
[Accessed 18th February 2001].
Lambert, J, 2001. Electronic Telegraph City News Headlines [online].
UK: Electronic Telegraph. Available at:
[Accessed 24th February 2001].
(Author unknown), 1997. Lawtel Case Law [online]. UK: Lawtel.
Available at:
[Accessed 4th March 2001]
(Author and year unknown), Analysis - Agency-client Contracts
[online]. UK: Marketing Law. Available at:
[Accessed 20th February 2001].
Case Law
--------
Cooper v Stephens [1895] 1 Ch 567
Shetland Times Ltd v Dr Jonathan Wills [1997] FSR 604
Sinanide v La Maison Kosmeo [1928] 139 LT 365
Spectravest Inc v Aperknit Ltd [1988] FSR 161
United Brands Co. v Commission (Case 27/76) [1978] ECR 207
Volk v Etablissements Vervaecke Sprl (Case 5/69) [1969] ECR 295
Statutes
--------
The Copyright Act 1956
The Copyright, Designs and Patent Act 1988 s 16(1), s 17(2), s 20
European Competition Law Article 85(1)
European Competition Law Article 86
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