Property Rights in Cyberia a Study of "Intent" and "Bad Faith": A Case Study in the Adventures of Creating Property Rights in Cyberspace

By McNamara, Brian; Ropp, Donavan et al. | Journal of the International Academy for Case Studies, December 30, 2008 | Go to article overview

Property Rights in Cyberia a Study of "Intent" and "Bad Faith": A Case Study in the Adventures of Creating Property Rights in Cyberspace


McNamara, Brian, Ropp, Donavan, Lowenstein, Henry, Journal of the International Academy for Case Studies


CASE DESCRIPTION

The primary objectives of this Case Study is to address the dynamics and challenges of harmonizing present day business practices that may be impacted by traditional legal concepts, identifying current government/international organization regulatory initiatives that influence Internet policy, and coordinating case law principles that have application to resolving business disputes pertaining to "Cyberspace Property" status and other related property activities on the Internet. This Case Study provides primary subject matter insights into complexities of intellectual property rights as related to Cyberlaw principles and E-Business activities that have been profoundly effected by recent technology changes. Another important aspect within the framework of this environment of changes are the continuing dynamics of Internet oriented commercial activities and its effects on managing and conducting business transactions, both locally and globally. In this instance, intellectual property rights, commercial activities, and the business transaction process are directly related to each other and have profound effects on business outcomes.

Secondary issues examined in this Case Study pertain to numerous "ethical dilemmas" created by commercialization of advancements in technology and, again, the effects that such "changes" have on law and the business community. Also, within the context of intellectual property issues, U.S. Constitutional issues and criminal activities will be evaluated. Additionally, student preparation for the Case Study is exclusively assigned to On-line legal research activities.

This Case Study has the difficulty level of two or three, and is suitable for sophomore and junior course work in "Legal Environment of Business" or "Business Law." It is also applicable to various specific topics within E-Business/E-Commerce curricula (e.g. E-Marketing, E-Law, E-Strategy/ Policy among others). Primarily, it is designed as a supplement and update to materials introduced in textbook chapters relating to intellectual property and Internet law. This Case Study may be taught in a cumulative four-hour class session(s) and requires four hours for student preparation.

CASE SYNOPSIS

The pioneering journey of this Case Study explores new and exciting adventures of virtual property rights in the world of Cyberspace. The objectives, in this instance, is to investigate on the merits the facts of this spirited Case Study and determine current relevant issues relating to Online/ Internet oriented Cyberlaw principles that are directly applicable to contemporary practical business approaches and will help reveal and solve some of the mysteries of Cyberjustice trends. Key material factors are addressed specifically through uniquely fashioned commercial events enumerated within the Case Study during an exhaustive fictitious 30 day period. A sampling of topics include: Cybertrespass, Cyberstuffing, Pagejacking, Spoofing, Cybersquatting, Cyberpiracy, Typosquatting, Protest Domains and Cybergripers, Metatagging, Keywording, Linking, Framing, and Mousetrapping.

The second feature of this Case Study is in teaching specific On-line business and legal research skills. All student preparation is Internet based. "Student Instructions" include an exhaustive section pertaining to On-line research.

This is where the virtual rubber hits the virtual road. The "Student Instructions" also includes a number of detailed instructions and approaches that address the formulation of case issue/issues through the process of understanding the basic operative facts enumerated within the fictitious 30 day period of the basic Case Study and by applying legal principles most suitably related to the stated facts that will essentially establish the rule of law for each identified issue. Next, the transition from the previous process of establishing the issue is to present the reasoning and analysis of why there is application of the law in resolving the original dispute as presented by the stated facts.

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Property Rights in Cyberia a Study of "Intent" and "Bad Faith": A Case Study in the Adventures of Creating Property Rights in Cyberspace
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