Running head: WEEK 3 REFLECTION

Week 3 Reflection Team A LAW 421

WEEK 3 REFLECTION

Week 3 Reflection This paper will discuss the legal issues pertaining to Cyberspace and Copyright Infringement. The papers will also discuss the topics Team A are comfortable with as well as the topics we are struggling with and need a better understanding of. In conclusion this paper will discuss how these issues relate to Team A in our chosen fields. Cyberspace Even though cyberspace is not a physical space, there are still legal implications and laws that companies and individuals have to abide by. Companies and individuals began forecasting what domain names were going to be used by large companies and then would purchase that domain name to resell it, known as cybersquatting (Melvin, 2011). Congress passed a federal statue, Anticybersquatting Consumer Protection Act (ACPA), which allows companies to accrue trademark-related domain names from users who acted in bad faith, of acquiring the name originally (Melvin, 2011). ACPA does not protect those companies who do not have a legal trademark on their company name; many companies still make money off of buying and selling domain names that are forecasted to be in demand. Copyright Infringement There are three theories of copyright infringement: direct, indirect, and vicarious infringement (Melvin, 2011). Direct infringement is when the copyright owner can prove their legal ownership and the infringer copied without permission (Melvin, 2011). Indirect infringement involves the owner of the copyright, the direct infringer, and the one who facilitated the infringement; the facilitator is held liable and owner must identify the direct infringer (Melvin, 2011). Vicarious infringement also involves a third party; when one person or company has interest or financial gain on someone else creating copyright infringement.

WEEK 3 REFLECTION

Struggles and Application The topics Team A is comfortable with are looking at how a sentence if worded and the circumstance or circumstances that caused the accident or damages. Team A is also comfortable with how the law is the same yet different when applied to private property verses business or public property. Some topics Team A needs a better understanding of are the different terms. How the terms are used, and applied to different circumstances. Team A understands that in order to be more efficient and effective at our current and future jobs a basic understanding of how the laws affect our employers and us is a must. Understanding how the law is applied gives Team A the competitive edge in todays business world and can potentially save us from making any legal errors due to ignorance. An example of how Ashley uses her understanding of the law is Ashley works at a 3M dealer and has to make sure that everywhere there is a 3M, it is approve by 3M, such as in advertising and the 3M has to fit a specific description. When designing the new website for the company, each individual page had to be approved by 3M and make sure there were correct denotations of TM next to 3M when necessary. Conclusion Cyberspace and Copyright Infringement laws are made to prevent others from stealing and benefiting from intellectual property. There are different types of Copyright Infringement. The courts have established three ways to determine if a copyright has been infringed on. Knowledge of these laws keeps businesses and individuals violating these laws. If businesses and individuals knowingly break these laws then the courts have guidelines in place to follow.

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References

Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.