Replacement Advertising on the Web - Is it Legally and Ethically

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Replacement Advertising on the Web - Is it Legally and Ethically

Acceptable?

Summary

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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

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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

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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

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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

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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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