Domain: clickingthrough.com
Stories and comments across the archive that link to clickingthrough.com.
Comments · 6
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MOST of Us Are Not Lawyers...
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Some thoughts from a Cyberlaw professor
As someone who teaches Cyberlaw and runs a program on law and technology, I'd urge you to consider broadening your horizons a bit, and to focus on practical rather than theoretical discussions. As relevant as IP law is to the technology industries, it is only one small part of the whole picture. Contract law, corporate structure finance (yes, even in this post-bubble era!), privacy law and especially international law are also crucial subjects to learn.
I'd echo the sentiments of those who said to take a look at casebooks and other law school texts in a local library. You can also go to the sources for IP law: the U.S. Copyright Office and Patent and Trademark Office have some good basic info, as does the Federal Trade Commission on privacy rules. This site has a good list of info. on doing e-business throughout the world. Finally, for an introduction to Internet-related business legal issues, you can always find my book in a local library.
Finally, you'll need to decide if you actually want to be a lawyer. Law school is rather expensive these days, even for state schools, and the loan burden for many of our students is severe. Feel free to e-mail me if you'd like to ponder this further. {Professor Jonathan Ezor} -
Main elements of beta test agreements
I've created a number of beta agreements over the years. While they are often forgotten, they are extremely important, not only because of the intellectual property concerns (whose idea is it?) but because beta stuff can crash machines and damage data.
Here are the basic questions any beta agreement needs to answer:
1) How will the beta be delivered to the tester?
2) What are the beta testers expected to do, and by when?
3) What potential problems should the tester expect?
4) How long will the beta test last?
5) Who owns the results of the beta test?
6) How, if at all, will the beta testers be paid?
7) Is the beta to be kept confidential and, if so, for how long?
Like all well-written agreements, it should also disclaim any warranties (promises) the developer doesn't want to make, and list the jurisdiction whose laws will apply to any conflicts.
A quick search for "beta tester agreement" in Google will yield many examples from which to choose.
Jonathan I. Ezor, Esq.
Author, "CLICKING THROUGH: A Survival Guide for Bringing Your Company Online" (Bloomberg Press 2000)
Watch for Jonathan's E-book series "Less@Risk" coming soon! -
Main elements of beta test agreements
I've created a number of beta agreements over the years. While they are often forgotten, they are extremely important, not only because of the intellectual property concerns (whose idea is it?) but because beta stuff can crash machines and damage data.
Here are the basic questions any beta agreement needs to answer:
1) How will the beta be delivered to the tester?
2) What are the beta testers expected to do, and by when?
3) What potential problems should the tester expect?
4) How long will the beta test last?
5) Who owns the results of the beta test?
6) How, if at all, will the beta testers be paid?
7) Is the beta to be kept confidential and, if so, for how long?
Like all well-written agreements, it should also disclaim any warranties (promises) the developer doesn't want to make, and list the jurisdiction whose laws will apply to any conflicts.
A quick search for "beta tester agreement" in Google will yield many examples from which to choose.
Jonathan I. Ezor, Esq.
Author, "CLICKING THROUGH: A Survival Guide for Bringing Your Company Online" (Bloomberg Press 2000)
Watch for Jonathan's E-book series "Less@Risk" coming soon! -
Re:COPA or rather COPPA
COPPA, the Children's Online Privacy Protection Act, is about collecting personally-identifiable information, not aggregate data, so I'm not sure this is a violation. Also keep in mind that COPPA, which is constitutional, should not be confused with the anti-adult material Children's Online Protection Act, or COPA, which was found to be unconstitutional. Jonathan I. Ezor Dir. of Legal Affairs, CyberRebate.com Find out why Library Journal called Jonathan's book CLICKING THROUGH: A Survival Guide for Bringing Your Company Online (Bloomberg Press: 1999) one of "The Best Business Books of 1999"! Click here for free Internet legal news for your Web site or newsletter.
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Re:No website...must not be serious
"Kleenex" is a product of the Kimberly-Clark company, and is still a trademark. So far as I know, "Band-Aid" is also still a registered trademark. Trademark protection is why (for those of you of a certain age, in the United States) you'll remember that the cutesy musical jingle went from "I am stuck on Band-Aids" to "I am stuck on Band-Aid Brand". Check out this Johnson & Johnson site and this filing from 1924 for trademark details. {Jonathan Ezor, author of "Clicking Through: A Survival Guide for Bringing Your Company Online" (Bloomberg Press 1999)}