What is computer law?
Traditionally there was no such thing as "computer law." Yet dealing with legal issues that affect computers and their users has required certain skills. These issues are usually handled by contracts. This includes the so-called shrink-wrap and click-wrap licensing agreement. After all, people don't actually BUY software, they buy licenses to use the software.
Examples of some of the legal issues which arise are:
 |
Software licensing agreements (which can be individually negotiated). |
|
Developer agreements (which allow a developer to license software the developer does not own, as part of the developer's software package). |
| |
|
Trademark licenses. |
|
Copyright issues. |
|
Purchase agreements for hardware. |
|
Liability for writing faulty software. |
|
Identity theft (our experience suggests it is hard to collect a judgment against someone who steals your identity because solvent people don't generally steal identities to fraudulently obtain goods or services). For information about what to do in case of identity theft, resources are available online at: http://www.privacyrights.org/identity.htm |
Can a contract be made through email communications? Absolutely, just as contracts can be made by an exchange of letters. We have written a great deal on this point, such as "Does Computer Stored Data Constitute a Writing for the Purposes of the Statute of Frauds and the Statute of Wills?" 9 Rutgers Computer and Technology Law Journal 93 (1982) and "Transborder Data Flow: Public and Private International Law Aspects," 6 Houston Journal of International Law 159 (1984).