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
. Build and reinforce positive relationships with other companies.
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.
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...