• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9
  10. 10
    10
  11. 11
    11
  12. 12
    12
  13. 13
    13
  14. 14
    14
  15. 15
    15
  16. 16
    16
  • Level: GCSE
  • Subject: ICT
  • Word count: 3071

Replacement Advertising on the Web - Is it Legally and Ethically Acceptable?

Extracts from this document...

Introduction

Replacement Advertising on the Web - Is it Legally and Ethically Acceptable? By Paula Nyland Course: B.Sc. BIS, Professional Issues in Computing Tutor: Margaret Ford Date: May 2001 Summary This report discusses the legality and ethics of a new piece of software launched in February 2001, which allows ISP's to overlay advertising banners on any web page on the net with adverts sold by, and controlled by them. Investigations led to discussions about Copyright infringement and European Competition Law. Many examples of Case Law were also investigated for their possible links with issues arising from the use of this software. Contents Summary 2 Contents 3 Introduction 4 Replacement Advertising on the Web 5 Background 5 Findings 6 The Copyright Issue 7 The Competition Issue 8 Conclusion 9 Recommendations 10 References 11 Bibliography 11 Web Sites 11 Case Law 11 Statutes 12 Appendix A 13 Appendix B 14 Appendix C 15 Appendix D 16 Introduction This report is being written to try to understand the issues raised, both legally and ethically, by the release of a new piece of software (Fotino) onto the Internet market. In an attempt to answer whether this software is an acceptable addition to the world of the web, only replacement advertising as facilitated by Fotino software will be considered. This is due to the fact that since my investigations into this subject began other software packages have come to light, which may be able to perform this function in a slightly different way. The problem posed by this software has required investigations from both a practical and theoretical standpoint, in that in practice the software has not yet been adopted by any of the Internet Service Providers (ISP's) ...read more.

Middle

44). For instance in 'Sinanide v La Maison Kosmeo, it was held that to quote a bit of a sentence of a literary work was too small a matter on which to base a copyright infringement action.' (Bainbridge 1999, p. 44). Similarly, should the resulting overlaying of an advertisement by Fotino actually be seen as a copyright infringement, then is the advert such a small part of the whole web site that the De Minimis Principle would apply? However, should this not be the case and the advert be seen to be a substantial part of a web page - due to the revenue it raises to allow the web page to be funded and appear on the web in the first place - then perhaps the case of Shetland Times Ltd v Dr Jonathan Wills (Appendix D), would come into play. Here 'The copying verbatim of headlines by one web site operator from another web site operator held to constitute infringement of copyright under s. 20 Copyright designs and Patents Act 1988.' (<URL:http://www.lawtel.co.uk>). The headlines, although only a very small part of the whole newspaper/web site, were seen to be a significant part because of the information imparted by them and therefore a substantial part of the whole. This can also be seen in Spectravest Inc v Aperknit Ltd where it was said; In considering whether a substantial part of the plaintiff's work has been reproduced by the defendant, the attention must primarily be directed to the part which is said to have been reproduced, and not those parts which have not.' ...read more.

Conclusion

Computers play a massive part in today's society, because computers are a major part of our lives. By using Fotino the ISP will be able to give consumers more of what they want to see and the advertiser more targeted advertisements, who really wants US advertisements for products not available in the UK. It seems to me that there is room for both selected (as provided by Fotino) and none selective advertising (available on all web pages), especially where the delivery media (the World Wide Web) is world wide and ISP's tend to operate within the boundaries of one country. We will not know if Fotino will cause a legal storm as suggested in the Telegraph article on 12th February 2001 (Appendix A) until the ISP's begin to use it. As of today there is no-one using it, perhaps it is too hot to handle. In the presentation of this information given to colleagues in my lecture group the question was asked as to whether they considered Fotino to be legal. Out of the 15 answers returned, 12 thought that Fotino would prove to be illegal and 3 thought it would be legal. Recommendations It seems to me that it would be wise for any ISP considering using Fotino to consult their legal teams and seek expert advice before going ahead with this software. They will need to thoroughly investigate the possibilities of legal action and the areas in which they may be challenged. Whatever the outcome, it will be interesting to see if any of the legislation and case law discussed in this report, will be used should Fotino cause legal action to be taken against any ISP brave enough to use the software in the future. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Communications section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Communications essays

  1. E-Commerce - questions and answers

    With such aspects such as e mails The World Wide Web is a way of accessing information using the medium of the Internet. The World Wide Web uses HTTP protocol, which is just one of the languages spoken over the Internet.

  2. OCR GCSE Business &amp;amp; Communication Task 7 Report

    Another problem which may be caused by the companies lettering system is the chance of the letters being picked up by unauthorized viewers inside the recipients household. This can cause information to be misinterpreted or not received by the correct authorized client, declining the companies' image and reliability.

  1. ICT Systems in Everyday Life: Your Local Community

    * "Screen door effect" (SDE) may be visible at close distance and/or with lower resolution models (720p resolution and lower). SDE can also be perceived as artificially sharp looking (due to dark gaps between mirrors/pixels which are high frequency content, not part of the image displayed)

  2. Free essay

    Impact of ICT in Community

    It would benefit Marry as she is away from the office and her house so it doesn't stop working in the middle of the way going home. Even if it does stop working in the rain, gently wipe the face of the sonar transducers with a clean, dry handkerchief or tea towel.

  1. Full Course howard health centre

    But do not mistake the keyboard for a device that can control the CPU. To use the keyboard staff should be trained as it is more useful when staffs are more efficient at using the device. I have used the keyboard in this project for two tasks, creating the website and writing up reports.

  2. ICT web design research.

    These are generally more effective and successful than most search engines, especially if you do not know the name of the company. Another way of getting hold of addresses is by word of mouth. Someone may tell you a good site that they have visited recently.

  1. This report gives the clear idea about current statistical situation in e-learning trends.Task 2 ...

    They seek to measure the return on learning investment and are ready to outsource education when needed. * Learning Model The learning model is shifting from instruction-centric to learning-centric. The learning process itself has become less structured: self-directed individuals learn at periods of ad-hoc availability and the distinction between formal and informal education has blurred.

  2. SK-II has already established as a leading brand within its' skin-care industry. By empowering ...

    6.1.1 To keep the best customers, SK-II management should concentrate on these strategies * Quickly and efficiently creating new delivery channel * Capturing massive amounts of customer data * Tying it all together to create an unique experience 6.1.2 The three phases of CRM that SK-II should adopt * Acquiring

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work