Discuss the advantages and disadvantages of using copyrights, patents, and trade secrets to prevent your competitors from copying and selling your software solution.
1. The FTC considers e-commerce just the same as traditional brick-and-mortar businesses. Describe what the FTC requires regarding claims made by websites. Question 2. The Communications Decency Act (CDA) of 1996 had a significant impact on the liability of ISPs in its provisions regarding defamation. Detail the act and its impact on state defamation laws. Question 3. Your company is about to release a highly advertised, highly anticipated software solution that is expected to be financially successful. i. Discuss the advantages and disadvantages of using copyrights, patents, and trade secrets to prevent your competitors from copying and selling your software solution. You wish to license use of each copy of your software solution to one machine, unless licenses for multiple machines are purchased. ii. How can you contractually prevent customers from using the software on more than one machine and/or require the purchase of multiple licenses? iii. If you sell the software off the shelf or via downloads online, how would you effect the acceptance of any contractual terms? Question 4. You have hired a new salaried employee to develop security protocols for your company. The employee is very ambitious. You are concerned that his plans are to collect a salary from you until he develops something he views as commercially viable, then quit and attempt to market the protocols you have paid him to develop. i. What steps can you take to protect yourself and your company? ii. What specific contractual language is most likely to protect your company against employee disclosures or theft of confidential information? Question 5. Most websites contain privacy statements. What are the advantages of privacy statements to the owners of websites? Include in your answer considerations related to choice of law, customer expectations relating to privacy, and fair information practices.
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