The IT / Digital Legal Companion

A Comprehensive Business Guide to Software, IT, Internet, Media and IP Law

Gene K. Landy, Amy J. Mastrobattista

• Publisher: Syngress
• Year: 2008
• Print ISBN: 9781597492560
• eBook ISBN: 9780080558820
• Topic: Computer Science
• Subtopic: Business Intelligence
• Index: Computer Science

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 MoreKey Features: * Up-to-the-Moment Legal Guide* In Plain English* Includes 38 Contract and Web Forms in the Book

CHAPTER 1 Introduction: Using this Book to Build Value

YOUR NEED TO KNOW DIGITAL BUSINESS LAW

To compete effectively in any digital business in a changing world, you need to understand how to use the law to advantage.

This book will empower you to:

Understand the interaction of law, business, and technology.

Exploit emerging technologies and intellectual property (IP) assets.

Negotiate better deals.

Build and reinforce positive relationships with other companies.

Leverage digital media.

Perceive and manage risk.

Benefit from Internet and mobile networks.

Act more decisively and confidently in legal matters.

WHO IS THIS BOOK FOR?

This book is written for anyone in the world of digital technology business, including:

Business owners, executives, and decision-makers.

Entrepreneurs.

Business development executives

Sales and product line managers.

Technology developers, consultants, and advisors.

Chief information officers who make important software and IT decisions.

In-house lawyers, contracting officers, and paralegals.

Anyone managing and protecting software or digital technology IP.

ORGANIZATION OF THIS BOOK

This book consists of 25 chapters. The subject matter includes:

Chapters 2-7: Intellectual Property in Digital Business—Copyrights, trademarks, domain names, patents, trade secrets, and nondisclosure agreements, explained with a focus on digital business, digital media, the Internet, and mobile networks.

Chapter 8: Digital Contract Fundamentals—The key principles and strategies in digital licensing and contracting.

Chapter 9: Open Source—A practical guide to open source licensing, including open source business models.

Chapter 10: Development and Consulting—A how-to guide for the deal-making process (including RFPs and agreements) for digital technology services, consulting, Web development, and outsourced development.

Chapters 11-15: Business IT and Software, including Licensing and Distribution—Beta test agreements, commercial end-user license agreements, distribution and reseller deals, partnering agreements, component distribution, OEM deals, and software-as-a-service agreements.

Chapters 16-17: Web and Internet Agreements—The law and practice of business and consumer clickwrap and browsewrap agreements, Web site terms of use, Weblog terms, and Web site rules of conduct.

Chapter 18: Privacy—The rules on privacy and acceptable use of personal data in the digital world, including privacy law, privacy policies, child protection issues, and trans-national issues.

Chapter 19: Standards—Legal strategies, opportunities, and risks in the system for setting new technical standards for software, digital products, and communications. How you can use this process to get ahead of the curve.

Chapter 20: Clearance of Content—An overview of getting licenses and clearance for use of media assets for Web and mobile consumer applications and games, including text, graphics, music, and video. Also the legal rules about user-contributed content, mashups, and spidering the Web.

Chapter 21: Web and Mobile Deals—Guidance for deals in technology licensing, providing services, and media distribution for the Internet and mobile networks.

Chapter 22: Video Game Deals—Doing deals in the video game sector, including IP, clearance issues, and publishing agreements. The chapter includes discussion of console, PC, mobile, and online games, including multi-player games.

Chapters 23 and 24: International Distribution—IP and deal issues for digital business in going global, distributing in world markets, international partnering and joint venturing, localization, setting up operations abroad, and protecting your rights in other nations, together with an overview of the US export controls.

Chapter 25: Legal Affairs Management—Practical measures to manage your legal affairs in order to execute legal strategies effectively and build value in your business.

Forms Appendix—38 sample forms agreements for deals and transactions addressed in this book.

APPROACH OF THIS BOOK

The book is based on three concepts:

First is that all legal issues are business issues—they have meaning only in their business context.

Second is that essential legal principles can be made comprehensible when explained in straightforward English.

Third is that once you understand basic concepts of IP and contracts, you will be ready to put to good use the more advanced deals and strategies discussed in this book.

UNDERSTANDING AND USING INTELLECTUAL PROPERTY

Digital technology companies gain power from their “intellectual property space”—the zone where their IP helps them be dominant, overcoming competition, gaining customers, and pricing at a premium.

This book introduces you to the IP rights that underlie all digital technology. This book will help your business to secure and expand its IP assets. It will help you fully understand what rights you have, can acquire, and can license, assign, or enforce.

The discussion in this book about IP includes digital technology and digital content issues of a networked world. For example, the discussion of copyrights includes anti-circumvention and peer-to-peer file sharing; the explanation of trademarks includes the trademarks on the Internet and domain names; and the discussion of patents includes a review of software and business method patents. There is also a discussion of IP in digital media. You can factor this information into your company’s IP strateg...

Table of contents

• Cover
• Title Page
• Copyright
• Knowledge is power
• Acknowledgment by Gene Landy
• A Note from the Authors
• About the Authors
• About the Authors’ Law Firm
• Form Downloading Instructions
• Table of Contents
• Chapter 1: Introduction: Using this Book to Build Value
• Chapter 2: Digital Copyright Basics
• Chapter 3: Copyrights on the Internet, for Software Protection and Around the World
• Chapter 4: Trademarks and Domain Names
• Chapter 5: Patents and Digital Technology Companies
• Chapter 6: Trade Secrets and Non-Disclosure Agreements
• Chapter 7: Confi dentiality, Rights Transfer, and Non-Competition Agreements for Employees
• Chapter 8: Introduction to Digital Product and Service Contracts
• Chapter 9: A Pragmatic Guide to Open Source
• Chapter 10: IT Services—Development, Outsourcing, and Consulting
• Chapter 11: Beta Test Agreements
• Chapter 12: Commercial End-User Agreements
• Chapter 13: Software as a Service (SaaS)
• Chapter 14: Commercial Distribution—Part I
• Chapter 15: Commercial Distribution—Part II
• Chapter 16: Clickwraps and Browsewraps
• Chapter 17: Terms of Use for Web Sites and Online Applications
• Chapter 18: Privacy and Use of Personal Data
• Chapter 19: Digital Technology Standards—Opportunities, Risks, and Strategies
• Chapter 20: Content for Digital Media
• Chapter 21: Deals in the Web and Mobile Value Chains
• Chapter 22: Video Games! Developing Games and Doing Deals
• Chapter 23: Going Global—Doing Business in World Markets
• Chapter 24: United States Export Controls
• Chapter 25: Proactive Management of Your Legal Affairs
• About These Forms
• DMCA Web Site Copyright Policy
• Royalty-Free Trademark License Agreement
• Royalty Bearing Trademark License Agreement
• Patent License Agreement
• Mutual Non-Disclosure Agreement
• Evaluation Agreement (Pro-Recipient)
• Employee Agreement
• Software Development Agreement
• Software Consulting Agreement (Favors Consultant)
• Software Consulting Agreement (Favors Customer)
• Web Site Development Agreement
• Web Hosting Agreement
• Beta Test Agreement – Consumer Application
• Beta Test Agreement – Business Application
• Evaluation License Agreement
• Commercial End User License Agreement
• Source Code Escrow Agreement
• SaaS Customer Agreement
• Reseller Agreement
• OEM Software Agreement
• Software Bundling and Distribution Agreement
• Retail Software Distribution Agreement
• Sales Representative Agreement
• EULA – Consumer Product
• Clickwrap EULA — Commercial Product
• Web Site Terms of Use
• Content Guidelines
• Weblog Rules
• Privacy Policy
• Release for Video, Images and Music
• Right of Personality Release and Permission
• Location Release
• Mobile Content License Agreement
• Media Publishing and Services Agreement
• Affi liate Media Services Agreement
• Video Game Publishing Agreement
• International Distribution Agreement
• Term Sheet (Non-Binding) for an International Joint Venture
• Index