CyberRegs : a business guide to Web property, privacy, and patents / Bill Zoellick.

By: Zoellick, Bill .

Material type: materialTypeLabel

BookSeries: Addison-Wesley information technology series.Publisher: Boston : Addison-Wesley, 2002Description: xxi, 307 p. ; 24 cm. + hbk.ISBN: 0201722305.Subject(s): Electronic commerce -- Law and legislation -- United States | Copyright and electronic data processing -- United States | Patent laws and legislation -- United States

| Intellectual property -- United States

| Privacy, Right of -- United States

| Internet -- Law and legislation -- United StatesDDC classification: 343.7309944

Contents:

Part one: Copyright -- Creating and resisting change -- Congress asserts control -- Control put into practice -- Copyright policy and progress -- Copyright: Further reading -- Part two: Patents -- Subdividing the internet frontier -- Patent sprawl -- What is patentable? -- Claiming more: Business method patents -- Predicting the impact of internet patents -- The business of inventing -- Congress and patents -- Maximising benefit, minimizing cost -- Patents: Further reading -- Part three: Electronic signatures -- Matching the legislation to the problem -- A deeper look: Technical background on digital signatures -- The impact of the legislation -- Learning from the electronic signatures act -- Electronic signatures: Further reading -- Part four: Privacy -- A market for privacy -- The right to privacy -- Consumer concerns -- A deeper look: Technical background on cookies and web bugs -- A deeper look: Technical background on the platform for privacy preferences project -- The privacy debate in congress -- A privacy framework -- Privacy: Further reading.

Holdings
Item type	Current library	Call number	Copy number	Status	Date due	Barcode	Item holds
General Lending	MTU Bishopstown Library Lending	343.7309944 (Browse shelf(Opens below))	1	Available		00092298

Total holds: 0

Enhanced descriptions from Syndetics:

New government regulation, legislation, and technology trends are dramatically changing the Web, making yesterday's assumptions obsolete -- often, disastrously so. In this thought-provoking book, leading Web consultant Bill Zoellick offers an up-to-minute executive briefing on the enormous paradigm shift that's under way -- giving businesspeople the critical information they need to understand its impact, and influence the debate. Yesterday's popular notion -- that the Web's freedom-loving nature will sweep away existing rules, business arrangements, and governments -- has proven to be a hopelessly poor foundation for planning, strategy, and investment. Will yesterday's wide-eyed anarchy be replaced by tomorrow's cynicism and control? Can a middle ground be found that will protect the Web's vitality and your business interests? This book focuses on four key areas of public policy and Web technology: patent, copyright, privacy policy, and electronic signatures. For each topic, Zoellick presents a brief history of the issues, litigation, and legislation, and applies the state-of-the-law to a current Web business. The result: a "big picture" view that helps businesspeople recognize the issues, understand their short-term and long-term interests -- and impact the outcome.

Includes bibliographical references and index.

Table of contents provided by Syndetics

Acknowledgments (p. xv)
Introduction (p. xvii)
Part 1 Copyright (p. 1)
Chapter 1 Creating and Resisting Change (p. 3)
Brief Background (p. 4)
Copyright and Policy (p. 4)
Setting the Stage for Napster (p. 8)
Infringement by Users? (p. 10)
Contributory Infringement? (p. 11)
Taking Care of Business in the Courts (p. 13)
Controlling the Market (p. 14)
An Alternative and a Threat to Control (p. 15)
Does Anyone Have the Time? (p. 16)
Business Takes Care of Business (p. 17)
Postscript (p. 18)
Lessons from Napster (p. 21)
Notes (p. 23)
Chapter 2 Congress Asserts Control (p. 27)
The Digital Millennium Copyright Act (p. 28)
The DMCA in Action (p. 30)
Scope: The Question of Commercially Significant Purpose (p. 30)
Restriction of Access (p. 31)
Consequences and Causes (p. 32)
Making Problems Simple (p. 33)
Engagement and Time to Learn (p. 34)
Keeping Up with Developments (p. 36)
Notes (p. 36)
Chapter 3 Control Put into Practice (p. 39)
Electronic Distribution as Threat and Opportunity (p. 39)
Four Strategies (p. 41)
Technical Protection Services (p. 41)
Contracts and Licensing Agreements (p. 42)
Licenses as a Way to Constrain a User's Rights (p. 43)
Digital Distribution and New Laws Make Use of Licensing Easier (p. 45)
Changing the Publishing and Distribution Model (p. 45)
From Specific to General (p. 46)
Changing the Business Model (p. 47)
Convergence: Complete Control (p. 48)
Technical Restriction (p. 48)
Licensing: The Second Side of the Triangle (p. 49)
Closing the Triangle: The DMCA (p. 49)
A Complex Message for a Complex Problem (p. 50)
Notes (p. 51)
Chapter 4 Copyright Policy and Progress (p. 53)
The Perspective from Mars (p. 53)
Licensing (p. 54)
Implications for Business (p. 56)
Value Moves Downstream (p. 56)
Business Focuses on Licenses, Not Sale of Copies (p. 57)
Value Increases through Aggregation (p. 57)
Practice and Policy (p. 58)
Starting on the Wrong Foot (p. 59)
Moving Forward (p. 59)
Chapter 5 Copyright: Further Reading (p. 61)
Part 2 Patents (p. 65)
Chapter 6 Subdividing the Internet Frontier (p. 67)
The Power of Patents (p. 68)
Why Have Patents at All? (p. 68)
Basic Rules (p. 69)
Amazon's 1-Click Patent (p. 70)
What's So Obvious? (p. 71)
Where's Alice? (p. 73)
Postscript (p. 75)
What to Make of All This (p. 77)
Notes (p. 78)
Chapter 7 Patent Sprawl (p. 81)
Some Recent Internet Patents (p. 81)
Concerns Raised by These Patents (p. 85)
High-Level Approach Rather Than Detailed Technology (p. 85)
Application of Traditional, Offline Approaches to the Internet (p. 86)
The "Obviousness" Problem (p. 86)
Impediment to Innovation (p. 88)
Not Necessary for Growth (p. 89)
Intellectual Property Time Bombs for Internet Businesses (p. 89)
Burdensome Expenses of Litigation (p. 90)
Making Sense of the Dispute (p. 90)
Notes (p. 92)
Chapter 8 What Is Patentable? (p. 93)
Software (p. 94)
Adding a Computer to a Known Process (p. 95)
Software Patents at the Start of the Internet Boom (p. 98)
Notes (p. 99)
Chapter 9 Claiming More: Business Method Patents (p. 101)
An Initial Setback (p. 102)
Expanding the Scope of Patents (p. 103)
The Impact of State Street (p. 104)
Subject Matter and Breadth (p. 105)
State Street in a Nutshell (p. 106)
Notes (p. 107)
Chapter 10 Predicting the Impact of Internet Patents (p. 109)
A Market without Patent Protection (p. 110)
What If? (p. 111)
The Argument against Patenting (p. 112)
The Argument for Patenting (p. 113)
A Market with Patent Protection (p. 114)
A Potential Deal with Microsoft (p. 115)
The Deal Goes Sour (p. 116)
The Patent Works (p. 116)
Financial Outcome, Thanks to the Patent (p. 117)
Pros and Cons: Patent Policy (p. 118)
Notes (p. 119)
Chapter 11 The Business of Inventing (p. 121)
A Business Method Laboratory (p. 125)
Inventing from Value and Extending Value (p. 127)
Walker Digital's Big Idea (p. 130)
Learning from Walker Digital's Practices (p. 131)
Notes (p. 132)
Chapter 12 Congress and Patents (p. 135)
Scope of the American Inventors Protection Act (p. 136)
Congress Meets State Street (p. 137)
A Limited, Adapted Response (p. 139)
Looking Forward (p. 141)
Notes (p. 144)
Chapter 13 Maximizing Benefit, Minimizing Cost (p. 145)
Who's Behind the Change? (p. 145)
The Courts (p. 146)
The Patent Office (p. 147)
Businesses Seeking Patents (p. 148)
An Invisible Hand? (p. 148)
Where We Are Headed (p. 150)
What to Do? (p. 150)
Getting a Patent Policy that Works (p. 151)
Notes (p. 153)
Chapter 14 Patents: Further Reading (p. 155)
Part 3 Electronic Signatures (p. 159)
Chapter 15 Matching the Legislation to the Problem (p. 161)
What the Legislation Does (p. 161)
What the Legislation Does Not Do (p. 163)
What Is the Problem to Be Solved? (p. 164)
Unresolved Issues (p. 165)
Summary of the E-SIGN Act Approach (p. 169)
Notes (p. 170)
A Deeper Look: Technical Background on Digital Signatures (p. 173)
Notes (p. 177)
Chapter 16 The Impact of the Legislation (p. 179)
Analysis and Suggestions (p. 180)
Chapter 17 Learning from the Electronic Signatures Act (p. 183)
Recognizing How Little We Understand (p. 184)
Restricting Government Action to What Is Necessary (p. 184)
Accepting the Fact That Markets Need Time to Work (p. 185)
The E-SIGN Act as Model (p. 186)
Chapter 18 Electronic Signatures: Further Reading (p. 187)
Part 4 Privacy (p. 189)
Chapter 19 A Market for Privacy (p. 191)
Putting a Price on Private Information (p. 191)
The Value of Aggregation (p. 193)
Developing a Framework for Privacy Policy (p. 194)
Notes (p. 195)
Chapter 20 The Right to Privacy (p. 197)
The Right to Be Let Alone (p. 197)
The Basis for Privacy Rights (p. 199)
The Nature of the Privacy Right (p. 203)
Conflict with Other Laws Adds to the Confusion (p. 204)
Recent Developments: Telemarketing (p. 205)
Summarizing the Nature of the Privacy Right (p. 206)
The Law and Privacy (p. 207)
Notes (p. 210)
Chapter 21 Consumer Concerns (p. 213)
The DoubleClick Story (p. 213)
Consumers and Web Privacy (p. 217)
Let's Make a Deal (p. 218)
Cede Some Control (p. 220)
Make It Easy (p. 221)
Expand (p. 223)
Broader Privacy Concerns (p. 223)
The Tone of the Concerns (p. 224)
Concern about Technology (p. 224)
Creating Fertile Soil for Web Business (p. 226)
Notes (p. 227)
A Deeper Look: Technical Background on Cookies and Web Bugs (p. 231)
Cookies (p. 232)
Web Bugs (p. 234)
More Information (p. 235)
Note (p. 235)
A Deeper Look: Technical Background on the Platform for Privacy Preferences Project (p. 237)
What Is in a P3P Privacy Policy Statement? (p. 239)
User Agents and Services (p. 241)
What Bothers Privacy Activists (p. 243)
Encoding the Industry View of Privacy (p. 243)
Making Data Collection Easier (p. 244)
Distracting from Creation of Meaningful Privacy Regulations (p. 244)
P3P in the Business Context (p. 245)
Is P3P a Good Thing? (p. 245)
Notes (p. 246)
Chapter 22 The Privacy Debate in Congress (p. 249)
Coverage (p. 251)
Consent (p. 252)
Access (p. 254)
State Laws (p. 255)
Enforcement (p. 256)
Safe Harbor (p. 257)
Notice of Change (p. 258)
Assembling the Pieces (p. 258)
Notes (p. 261)
Chapter 23 A Privacy Framework (p. 263)
Privacy as a Right (p. 264)
Monetizing Privacy (p. 265)
The Fallacy of the Powerless Customer (p. 269)
My View (p. 269)
Notes (p. 271)
Chapter 24 Privacy: Further Reading (p. 273)
Printed Resources (p. 273)
Web Sites (p. 275)
Epilogue (p. 277)
Index (p. 287)

Excerpt provided by Syndetics

There is no "innate nature" of the Web. This was one of the key insights that Lawrence Lessig expressed in his important book, Code. 1 The coast of Maine has an innate nature. The Great Plains have an innate nature, as do the slickrock canyons of Utah. In each of these places, someone starting a business must contend with truly immutable dimensions of climate and geography. The fundamental character of such a place does not change except in geologic time; it exists apart from the people who live and work there. The Web is not like that. It is made up of computer code, which is made by people. If people don't like the effects of the computer code, they can change it, quickly. The typical way to change a complex application that is in daily use, like the World Wide Web, is to add layers. The layers can consist of new computer code that changes the way people and companies access and use the Web. The layers can also consist of legal code, often coupled with encryption and other technical constraints, that has the same effect. The fact that the face of the Web can be changed relatively quickly, over a matter of a year or two, means that talking about the "nature of the Web" is risky, if not out and out misguided. This has not stopped people from writing thousands of books and articles that do just that. The formula for such "Web nature" books is simple and, by now, familiar. They start by asserting that the Web changes everything and that old strategies cannot work in the new Internet era. Then, building on some set of assumptions about the supposed nature of the Web, the books reason forward to projections about what to do and what will succeed in the new Internet era of business. Starting a business built on assumptions about the nature of the Web is even riskier than writing books about it. For example, it was supposed to be in the nature of the Web to do away with the middleman ("disintermediation"), creating a new world in which digital content moved freely and without control. But the Digital Millennium Copyright Act and the rest of copyright law has intervened to change all of that. People involved in creating technologies to enable free exchange of DVD movies are now involved in lawsuits that could ultimately lead to jail terms. Napster, the free music-exchange Web site, is, as I write this, facing possible shutdown by the major music labels. Here is another example: it was supposed to be in the nature of the Web to enable new, personalized, one-to-one shopping, thus creating enormous new retail opportunities. Many things have gone wrong with this idea over the past three years, transforming it from an article of faith to something that is now viewed with deep suspicion. One critical thing that got in the way is that consumers became uneasy about the collection and use of personal information on the Web. This consumer malaise has a good chance of transforming itself into federal privacy legislation. The new legislation, if enacted, will create a new Web nature. The nature of the Web was also supposed to usher in a new era of business innovation. But it turns out that evolving patent law makes it possible for companies to own monopoly rights to such innovation for a period of 20 years. Sperry and Hutchinson, the S&H Green Stamps company that pioneered buyer incentive programs for retail stores, now licenses patented technology owned by Netcentives in order to offer incentive promotions on the Web. Once again, the intersection of law and the Web has transformed Web nature into something very different than people first expected. The Web Grows Up Not long ago people believed that the Web, by the force of its innate nature, would radically change business, opening enormous new opportunities. It was a great time to be in the stock market. It was a great time to be starting companies. There was the expectation of new beginnings. Many things came together to Excerpted from CyberRegs: A Business Guide to Web Property, Privacy, and Patents by Bill Zoellick All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.

Author notes provided by Syndetics

Bill Zoellick is currently a partner in and founder of Fastwater LLP, a consultancy focusing on helping companies build effective web businesses. He frequently writes about the issues addressed in Web Engagement and speaks on them at user conferences such as Seybold and Internet World and at various user associations and seminars. He has been a software developer, business owner, executive in a $100 million software company, and, most recently, a management consultant and business analyst.

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