The laws & the internets, Chris Stoll


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Using Facebook's voluminous and illustrative history of litigation, as well as his own personal experience in over a decade of publishing websites and creative media, Chris will take us through a fun, funny, and simple outline of what the practical implications of the law are for web developers and their clients.

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The laws & the internets, Chris Stoll

  1. 1. The Law & the Internets or The things Ive learned in law school that scare me at my day job
  2. 2. Who am I? How do I copyright this logo or music release? If I promote the music now, can people steal it?Chris Stollwhat if my client wont15 years experience or owes pay on time? WHAT IF I My manager says the labelMusic needs a money? on me trademark name Publishing KILL MY the cd spine. why?Video Publishing what if I have aGraphics CLIENT I paid this photographer reasonable dispute $50 for the websiteWebsite Design over terms and aLegal/History nerd client sues me? come photo. Can he after me later if we sell 50,000?
  3. 3. WTF is the LAW?● strives to be a meaningful collection of all known solutions to problems that occur when opposing human interests collide● philosophy, logic, "fairness"● more ancient forms of human reasoning, mythology and theology● the rules we have to live by if we dont wanna get sued or thrown in jail.
  4. 4. Why should a web pro care?● Business issues like Intellectual Property, Transactions● Personal issues ○ Privacy, Likeness, Speech Rights - Your Work, Your Trade Identity, etc.● Societal issues ○ Standards that ease responsible coding ○ Accessibility, safety, privacy● <blink>Code has Consequences!</blink>
  5. 5. Introducing our tour guide, FacebookLong history of legal interactions ○ Not problems - "interactions" - opposing human interests collided in a new way, so a solution had to be found through legal process LAWSUITS!!! (court paperwork would be● 100% real where real stuff really happens freindlier in comic sans) ○ Not virtual anymore - there is no physical analog to facebook, not even standing in a room talking. ○ No previous collision is similar enough to provide a template for the solution - hence lawsuits● A separate country, and its own Internet
  6. 6. Intellectual Property● A constitutional recommendation to protect creativity● Trademark: ○ Brand Protection: Teachbook, Faceporn ○ Facebook v. Teachbook - Similarity, Confusion ○ Dont spin off existing brands - be original!● Copyright: ○ Content protection: using photos, original content in unauthorized ways ○ Miller v. Facebook - Code v. Content, Performance v. Distribution ○ Dont use that image! not even for a second!
  7. 7. Contracts & Transactions● A contract is a transaction is an agreement is a promise (sort of)● Agreements: Its what you do not what you ○ Pending litigation re: cookie use after logging out ○ Breach of contract? write or say ○ In re Facebook PPC Advertising ■ click fraud, breach of contract, etc K is but written best evidence so ■ Defendants own conduct - invalid clicks that cost money write/say what ○ In your code, are you careful to make sure that it only does what you say it will do? mean to do - you ○ Security, e-commerce, subscriptions, etc. said do what you
  8. 8. Personal Issues● Privacy ○ Misappropriation of Likeness - Cohen v. Facebook ○ Defamation/false light - Goldsmith v. Facebook etc ○ Invasion - Maguire, Simon v. Facebook● Free speech ○ The web is a historically free forum ○ One persons story is another persons privacy violation, or reputation damage, etc. ○ A collision of human Interests! ○ Students suspended - people fired - etc.
  9. 9. Societal Issues● Accessibility ○ Surprisingly no - but JetBlue, Southwest, etc. Is it a place of public accomodation - ADA issue ○ Thought experiment -● Bettering the web & facing the future ○ Encouraging development and use of standards that encourage and ease compliance ○ Privacy, accessibility, contract signing, copyright protection, etc can and will eventually be improved and eased by standards and automated solutions that are widely adopted - how will they work?
  10. 10. The Future?W3C Standards? or new Laws? Standardsalways work better than laws:<contract action="affirm" method="post"... /> <term required non-negotiable>Blah..</term> <term negotiable>Blah blah... </term> <signature /></contract>Imagine a browser that understands this "form onsteroid"... proper warnings, repeating signature, checkingnext to each term to indicate reading, etc... could bebrowser-standard. And thats just contracts!