(NLU-02)

ASSIGNMENT

Q1. Explain

a)            service license agreement,

b)           shrink-wrap and

c)            click-wrap licenses?

Q2. What is outsourcing? Why is it done? Give the process of outsourcing.

Q3. Discuss A & M Records, Inc. v. Napster, Inc in detail.

Q4. The effect of Internet on enforcement of tax laws has raised fears of governments being unable to meet legitimate demands of their citizens for public service. What are the challenges of e-taxation?

Q5. Explain what e-commerce with illustration is. Give various components of e-commerce.

Q6. Write short notes on:

Q6 1): Copyright in e-commerce. Who owns copyright in case of "works made for hire"?

Q6 2): Database. Does copyright exist in compilation?

Q6 3): Computer programmes. Does copyright exist in them?

Q6 4): Trademarks and e-commerce

Q6 5): Meta-tags. What is their importance in e-commerce development?

Q6 6): Cyber squatting and Trademark Infringement

Q6 7): Patents in e-commerce

Q6 8): E-commerce and WTO.

Q6 9): Proprietary Software and Open source Software

Q6 10): Copyleft software

Q8. What is online advertising? If you were the Advertising head of a company which form of online advertising would you go for and why?

Q9. Case study

Contextualad.com is in the business of contextual internet online advertising. It has a proprietary software called "SAVE NOW". Over the years it has build up a database of keywords and whenever a surfer types any of these keywords contextualad.com pops up a window and gives relevant searches and offers to take users to the respective websites. This is done by comparing the keyword with items in its database and is not based on behaviour or past search history of surfer.

"Dairy Milk" is a registered Trade-Mark of Cadbury's. Cadbury is a MNC having registered office in Geneva, Switzerland. Cadbury has a website called www.cadbury.com. "Autowala" is a registered Trade Mark of Hero Honda Motors Limited, www.autowala.com is a website of Hero Honda where it finances vehicles. It is a company registered in India. Both www.cadbury.com and www.autowala.com have copyrighted material on it and copyright of the content on the websites are with respective companies. The software on which the websites run is patented software and both the companies are licensed users of the patented software.

Now, whenever anybody surfs the internet and searches for "Dairy Milk" or "Hero Honda vehicles loans" a pop-up window opens. On the title bar of the pop-up window comes "save now-contextualad.com" and it shows the trade name "dairy milk" and "autowala" respectively.

Both Cadbury's and Hero Honda filed a suit before New York District Court seeking permanent injunction againstcontextualad.com

Questions:

You are a New York District Judge. Analyse the given case and based upon settled precedents write the judgement for this suit.