The IT / Digital Legal Companion

The IT / Digital Legal Companion

by Gene K. Landy, Amy J. Mastrobattista
Released August 2008
Publisher(s): Syngress
ISBN: 9780080558820

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Book description

The IT/Digital Legal Companion is a comprehensive business and legal guidance covering intellectual property for digital business; digital contract fundamentals; open source rules and strategies; development, consulting and outsourcing; software as a service; business software licensing, partnering, and distribution; web and Internet agreements; privacy on the Internet; digital multimedia content clearance and distribution; IT standards; video game development and content deals; international distribution; and user-created content, mash-ups, MMOGs, and web widgets.

Chapters deal with topics such as copyrights on the Internet, for software protection and around the world; trademarks and domain names; patents and digital technology companies; trade secrets and non-disclosure agreements; confidentiality, rights transfer, and non-competition agreements for employees; introduction to digital product and service contracts; a pragmatic guide to open source; IT services - development, outsourcing, and consulting; beta test agreements; commercial end-user agreements; terms of use for web sites and online applications; privacy and use of personal data; digital technology standards - opportunities, risks, and strategies; content for digital media; and deals in the web and mobile value chains.

This book is intended for executives, entrepreneurs, finance and business development officers; technology and engineering officers; marketers, licensing professionals, and technology professionals; in-house counsel; and anyone else that deals with software or digital technology in business.

Comprehensive Business and Legal Guidance including

* Securing Intellectual Property for Digital Business
* Digital Contract Fundamentals
* Open Source Rules and Strategies
* Development, Consulting and Outsourcing
* Software as a Service
* Business Software Licensing, Partnering, and Distribution
* Web and Internet Agreements
* Privacy on the Internet
* Digital Multimedia Content Clearance and Distribution
* IT Standards
* Video Game Development and Content Deals
* International Distribution
* User-Created Content, Mash-Ups, MMOGs, and Web Widgets
* And Much More

Key Features:

* Up-to-the-Moment Legal Guide

* In Plain English

* Includes 38 Contract and Web Forms in the Book

Table of contents

  1. Cover
  2. Title Page
  3. Copyright
  4. Knowledge is power
  5. Acknowledgment by Gene Landy
  6. A Note from the Authors
  7. About the Authors
  8. About the Authors’ Law Firm
  9. Form Downloading Instructions
  10. Table of Contents
  11. Chapter 1: Introduction: Using this Book to Build Value
    1. Your Need to Know Digital Business Law
    2. Who is this Book For?
    3. Organization of this Book
    4. Approach of this Book
    5. Understanding and Using Intellectual Property
    6. Doing Deals
    7. Understanding and Dealing with Legal Risk Factors
    8. Global Perspective
    9. Focusing on Your End Game From the Beginning
    10. How to Use this Book
    11. Using the Legal Forms
    12. Limits to the Contents of this Book
    13. Legal Counsel
  12. Chapter 2: Digital Copyright Basics
    1. Some History
    2. Copyright Counts!
    3. In this Chapter
    4. The Nature of A Copyright
    5. Public Domain
    6. Infringement
    7. Derivative Works
    8. Works Made for Hire
    9. Fair Use
    10. The First Sale Rule
    11. Thin Copyright Protection for Computer Databases
    12. Copy Protection Technology and Anticircumvention Law
    13. Registering your Copyright
    14. Advantages of Copyright Registration
    15. Criminal Copyright Violations
    16. More on Copyright Law
    17. Conclusion
  13. Chapter 3: Copyrights on the Internet, for Software Protection and Around the World
    1. In this Chapter
    2. Topic One: Copyright and the Internet
    3. Topic Two: Copyright and Software Protection
    4. Topic Three: International Copyright Protection
  14. Chapter 4: Trademarks and Domain Names
    1. In this Chapter
    2. Trademark Registration Process
    3. Do-It-Yourself Registration of us Trademarks
    4. Essential Actions to Protect your Trademarks
    5. Taking Trademarks Global
    6. Exploiting Trademarks in Distribution, Licensing, and other Deals
    7. Domain Names
    8. Trademark Infringement Litigation
    9. Conclusion
  15. Chapter 5: Patents and Digital Technology Companies
    1. In this Chapter
    2. The Power and Use of Patents
    3. Nature of United States Patents
    4. Software Patents and Business Method Patents
    5. The Patent Application Process
    6. Inventing and Patent Strategically
    7. Getting Serious about Patents
    8. Your Strategy for Use of Patents
    9. Patents in Business Deals
    10. Patent Licensing Agreements
    11. How Patents Can be used Against your Business
    12. If You Receive A Cease-And-Desist Letter from A Patent Holder
  16. Chapter 6: Trade Secrets and Non-Disclosure Agreements
    1. In this Chapter
    2. Basis of Trade Secret Law
    3. Care and Protection of Trade Secrets
    4. Non-Disclosure Agreements and Confidential Disclosure
    5. Violations of Trade Secret Law
    6. Dealing with Violations of Trade Secrets
    7. Use of Counsel in Managing Trade Secrets
  17. Chapter 7: Confi dentiality, Rights Transfer, and Non-Competition Agreements for Employees
    1. In this Chapter
    2. The Contents of Employee Agreements
    3. Noncompetition and Nonsolicitation Provisions
  18. Chapter 8: Introduction to Digital Product and Service Contracts
    1. In this Chapter
    2. First Topic: Contract Concepts
    3. Conceptualizing the Contract
    4. Second Topic: Contract Provisions
    5. Third Topic: Contract Negotiations
    6. The Role of Legal Counsel
  19. Chapter 9: A Pragmatic Guide to Open Source
    1. Introduction
    2. In this Chapter
    3. The Popularity of Open Source Software
    4. Open Source Licenses
    5. Conclusion
  20. Chapter 10: IT Services—Development, Outsourcing, and Consulting
    1. In this Chapter
    2. The it Consulting Business Model
    3. Development Deals
    4. Process Overview
    5. The Agreement
    6. Structure of A Development Agreement
    7. Development Planning
    8. Conclusion
  21. Chapter 11: Beta Test Agreements
    1. In this Chapter
    2. Variation in Beta Test Agreements
    3. Marketing Uses of Beta Tests
    4. Following Up on A Beta Test
    5. Beta Test Plans
    6. Two Forms of Beta Test Agreement
  22. Chapter 12: Commercial End-User Agreements
    1. In this Chapter
    2. Business Setting for Software End-User Agreements
    3. Bargaining Between Vendor and Customer
    4. Common Issues in Negotiating End-User Agreements
    5. Source Code Escrow Agreements
    6. Note on Commercial Licensing Software to the Government
    7. Accounting for License Revenue
    8. Software Licensing and Sales Tax
    9. Conclusion
  23. Chapter 13: Software as a Service (SaaS)
    1. In this Chapter
    2. Saas Business Varieties
    3. What Customers Like about Saas
    4. Customer Concerns with the Saas Model
    5. Advantages and Issues for Saas Vendors
    6. Mixing Traditional Software Licensing and Saas
    7. Saas and Security
    8. More Mandates
    9. Foreign Data Privacy Laws
    10. Hot, Cold, and Warm Disaster Recovery Sites
    11. Saas Agreements
    12. Pricing in Saas Agreements
    13. Saas Agreement Form
  24. Chapter 14: Commercial Distribution—Part I
    1. General Principles, Deal Types, Reseller Deals, and Legal Rules
    2. Software Partnering and Channels
    3. Reseller Agreements
    4. Some Legal Issues in Distribution
    5. Form Agreements in this Book
  25. Chapter 15: Commercial Distribution—Part II
    1. Embedded, Component, and other Distribution Deal Variations
    2. In this Chapter
    3. Form Agreements
  26. Chapter 16: Clickwraps and Browsewraps
    1. Uses of Electronic Contracting
    2. Categories of Mass-Market Forms Contracts
    3. Product Clickwrap Agreements
  27. Chapter 17: Terms of Use for Web Sites and Online Applications
    1. In this Chapter
    2. About Web Terms of Use
  28. Chapter 18: Privacy and Use of Personal Data
    1. Use of the Internet to Obtain Personal Data
    2. Overview of Us Law on Personal Data
    3. Data Security Breach Notification Laws
    4. Anti-Spyware Laws
    5. Anti-Spam Provisions of Us Federal Law
    6. Other Regulation of Personal Data Regulation
    7. Privacy and the International Data Economy
  29. Chapter 19: Digital Technology Standards—Opportunities, Risks, and Strategies
    1. In this Chapter
    2. Digital Technology Standards and the Modern World
    3. Sources of Standards
    4. Participating in A Consortium—Business Issues
    5. Tension Between Patents and Standards
    6. Staying Out of Trouble with Standards
    7. Patent Pools
    8. Forming your Own Consortium
    9. Conclusion
  30. Chapter 20: Content for Digital Media
    1. In this Chapter
    2. Forms for Content
    3. Some Background: Content and Intellectual Property
    4. Topic One: Practical Guidance in Clearing Content
    5. Topic Two: User-Supplied Content
    6. Topic Three: “Just Taking” Content
    7. Conclusion
  31. Chapter 21: Deals in the Web and Mobile Value Chains
    1. In this Chapter
    2. The Web and Mobile Communications Environment
    3. Topic II: Digital Content Deals
    4. Topic III: Hosting and other Services
    5. About Widgets
    6. Conclusion
  32. Chapter 22: Video Games! Developing Games and Doing Deals
    1. In this Chapter
    2. The Game Industry
    3. Publishing Agreements
    4. Massively Multiplayer Online Games
  33. Chapter 23: Going Global—Doing Business in World Markets
    1. Background: Globalization of Information Technology
    2. The Opportunity
    3. In this Chapter
    4. Getting into Global Markets
    5. Foreign Distribution
    6. Dispute Resolution Procedures
    7. International Intellectual Property Protection
    8. Dealing with Software Piracy
    9. International Anti-Israel Boycott
    10. Conclusion
  34. Chapter 24: United States Export Controls
    1. In this Chapter
    2. Why Export Controls Matter
    3. Multiple Regulators
    4. Embargoed Nations and Denied Persons
    5. The Regulation of Technology Exports by BIS
    6. Conclusion
  35. Chapter 25: Proactive Management of Your Legal Affairs
    1. The Need for Control of Legal Affairs
    2. Intellectual Property Protection Procedures
    3. Information Protection and Control
    4. Managing the Documentation of your Business
    5. Periodic Legal Audits and Strategic Reviews
    6. Conclusion
  36. About These Forms
  37. DMCA Web Site Copyright Policy
  38. Royalty-Free Trademark License Agreement
  39. Royalty Bearing Trademark License Agreement
  40. Patent License Agreement
  41. Mutual Non-Disclosure Agreement
  42. Evaluation Agreement (Pro-Recipient)
  43. Employee Agreement
  44. Software Development Agreement
  45. Software Consulting Agreement (Favors Consultant)
  46. Software Consulting Agreement (Favors Customer)
  47. Web Site Development Agreement
  48. Web Hosting Agreement
  49. Beta Test Agreement – Consumer Application
  50. Beta Test Agreement – Business Application
  51. Evaluation License Agreement
  52. Commercial End User License Agreement
  53. Source Code Escrow Agreement
  54. SaaS Customer Agreement
  55. Reseller Agreement
  56. OEM Software Agreement
  57. Software Bundling and Distribution Agreement
  58. Retail Software Distribution Agreement
  59. Sales Representative Agreement
  60. EULA – Consumer Product
  61. Clickwrap EULA — Commercial Product
  62. Web Site Terms of Use
  63. Content Guidelines
  64. Weblog Rules
  65. Privacy Policy
  66. Release for Video, Images and Music
  67. Right of Personality Release and Permission
  68. Location Release
  69. Mobile Content License Agreement
  70. Media Publishing and Services Agreement
  71. Affi liate Media Services Agreement
  72. Video Game Publishing Agreement
  73. International Distribution Agreement
  74. Term Sheet (Non-Binding) for an International Joint Venture
  75. Index

Product information

  • Title: The IT / Digital Legal Companion
  • Author(s): Gene K. Landy, Amy J. Mastrobattista
  • Release date: August 2008
  • Publisher(s): Syngress
  • ISBN: 9780080558820