BUSN420 Discussions Week 6

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BUSN420 Discussions Week 6
What legal implications could arise from using the Yahoo.com e-mail account for swap.com’s mass e-mailings?…

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BUSN420 Discussions Week 6

BUSN420 Discussions Week 6

All Students Posts 60 Pages 

TraderRon.com – 28 Pages 

Initial Text:Dana and Ronnie operate a Web-based business, TraderRon.com, an Internet swap site that uses a Dutch auction system pioneered by Priceline.com. TraderRon.com allows customers to make offers to other customers to swap such items as their unused frequent flyer miles for other customers’ unwanted merchandise, including DVDs, music CDs, used books, and any other merchandise customers might want to trade. No sales involving payment of money are made on the site. Some of the merchandise that has been offered on the site and swapped consists of bootleg or pirated merchandise, as well as designer knockoffs. All of TraderRon.com’s income derives from advertising.

TraderRon’s website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from black to grey from left to right. TraderRon.com uses a multimedia presentation to explain its operation to users. The multimedia presentation was created by a friend of Dana’s as his senior portfolio project at school, where he was majoring in website design and multimedia. Dana paid him with a free trip to the Caribbean, which she had won in a contest. No copyright was registered in connection with the multimedia presentation.

TraderRon.com sends a weekly e-mail update to customers who have registered on the site. The e-mail is sent via an e-mail address Ronnie established at Yahoo.com. TraderRon.com’s customers are located throughout the U.S. and some are overseas.

  • What intellectual property and Internet law issues are raised by TraderRon.com’s business model?
  • What sort of liability is the business risking?
  • What legal implications could arise from using the Yahoo.com e-mail account for swap.com’s mass e-mailings?

Is there a “fair use” exemption for the Dutch Auction’s use of the multimedia presentation? Why or why not?  So, based on your understanding what about Yahoo?  Does Yahoo have a potential claim of copyright or trademark infringement for TraderRon’s use of their email addresses?  Can a “dutch auction,” as a form of a business process, be patented?…

Modern Problems – 32 Pages

Joel, a former employee of NetworkBank, an online bank, decided to exact some revenge. Though his official access to the bank’s records was removed, he was able to hack into the bank’s database of customer information, obtaining passwords associated with customer debit cards. Using debit card numbers and passwords, he purchased merchandise online from various venders, including online auction sites, such as eBay. Among the bank customers whose accounts he raided was Elle, a consumer, and Pet Products, Inc., a business that sells pet products online. Joel took $85 from Elle’s checking account the first time, which she didn’t notice until a week later, at which point she notified NetworkBank. Joel took $350 from Elle’s account a few weeks later, which she noticed the next day and immediately reported to the bank. Joel accessed Pet Products, Inc., just once, for $3,450, which the company noticed the next day and reported to NetworkBank.

Joel also wanted revenge against a former NetworkBank employee, Gwen, who he believed to be responsible for his firing. She left the bank and was working elsewhere. Using Internet search engines, he found postings that Gwen had made to chat rooms on various Internet sites. Using this information, Joel contacted PrivateI.com, an Internet based information and investigation service. He paid the fee required for an investigation on Gwen, and obtained her home and work addresses and telephone numbers. PrivateI.com did not inquire why Joel wanted the information about Gwen. Joel followed Gwen as she exited her workplace one night and attacked her, injuring her severely. Joel is now under arrest.

  • What remedies do Elle and Pet Products, Inc. have against NetworkBank for the unauthorized fund transfers? What law applies?
  • What is the extent of liability for the consumers in this scenario? May Gwen hold PrivateI.com liable for her injuries? Why or why not?
  • What preventative actions should the businesses mentioned in this scenario have undertaken to prevent what occurred here?

Starting with Joel, what specific crimes did he commit? Who did he commit them against? What are the limits to consumer liability for unauthorized fund transfers? Why are these limits different from business accounts? Regarding Private I, why would they be in trouble if they only gave out information that was otherwise publicly available? Does PrivateI have a duty to determine how people will use the information they provide? For example, should PrivateI be liable for someone else using their supplied information for nefarious purposes?…