Legal+Recommendations+for+a+Product+Launch

With the growing trend of online businesses, it is important for the entrepreneurial parties involved to be fully rounded in the legalities and issues which arise with running an online enterprise. There are many legal issues that are needed to undersatnd and to be followed. Many companies can now launch versions on their products on-line that are more helpful to the individual. Some times the creation of a web site can enhance a customer's experience by offering a more imteractive web site. People that use certain products are now able to obtain all of there information on a website. A company that does something like this must prtect themselves and others from legal issues. Comapnies must implement safeguards that will protect there users from spam mailand whatever other unauthorized uses of customer information. ANother important aspect is that a company must protect there intellectual copyright and property, trademark and patent law. The terms of the contracts muct be well established to protect any that uses this product on-line, and further more should be communicated clearly which leads to misinterpretation.
 * __Legal Recommendations for a product Launch__**

Where will a company decide to conduct business from? In deciding where to do business from is very difficult and essential to its establishment for potential success. There will have to be a primary country where the company is held with there primary headquarters. IN decing where to hold such a place, some aspects come into mind like economic aspects and well as legal aspects. It's also very important that a company research legal options that are available to them, along with resources it could attain. There will also be on section on the web site when consumers can obtain a contact number so that they can contact the company at any given time. Location is probaly essential for a client so that they cna be aware of teh company's residence which can be an asset to a company.
 * Location**

There are many options that have been given to users when it comes to SPAM mail. In order for a business to protect themselves, it would be benefical if obtained options such as an opt-out option, an applicable subject line and header, an authenticated e-mail address of the mailer, and a label stating whether it is an adult context. In order for a company to protect themselves there options are a good basis to start. If a business sends out e-mails which include all these options than a compnay will not be in the voilation of teh CAN-SPAM act.
 * Unsolicited Email:**

When consumers join web-based activities, it is important to ensure that users personal information is protected.Things such as proxies and firwalls should be used on the network. There barriers protect users compuers to ensure that there are no privacy issues. There will also be automatic updates that will maintain security features. Another important aspect that a company should have to protect privacy is to create aliases to reinforce the protection of users. A company should protect the rights of its users, however they are responsible to abide by requests of applicable laws.
 * Privacy Policy:**

In order for a compnay to protect themselves so that there is not reproduction of their product wihtout consent, the company will have to file for copyright. Under the Copyright Act in Canada and U.S. and the 1998 U.S. amendment titled Digital Millenium Copyright Act, the company is able to secure and protect the intellectual work of the online game (Ferrera et al 100). While adopting two of the World Intellectual Property Organization treaties, the act also limits liability of ISP providers, outlines Fair Use in the United States and Fair Dealing in Canada when copying a software program for maintenance purposes. It also prevents ways in which people, with the aid of new technologies, might be able to surpass the Copyright Act in either country (http://www.copyright.gov/legislation/dmca.pdf). Another important aspect that should be copyrighted is all the content of the users conversations. Becasue a compnay will be allowing users to create their own profiles, converse with one another, it must be assured that all the content that is written within this spaces becomes the propery of the company. If an individual were to post something that is already copyrighted by a different party, the company would be protected under the Safe Harbor provision, Section 512 of the DMCA (Ferrera et al 102).
 * Copyright**

1. The date when the agreement was posted must be present. 2. It must be present in an essential part of the setup process in such way that activation of a profile can only happen after the user had a choice to agree or decline this agreement. Therefore not knowing about the agreement will not be a valid defense for breaching of terms. 3. There must be a line that asks the user to read this agreement. 4.The agreement must recognize that there are two parties and identify who they are: Users and the company 5. No forms of harassment iwll be tolerated 6. The agreement must not able the accept button until it reaches the end of the scroll screen.
 * Terms and Conditions:**

A contract is considered “an agreement to exchange property or service that is legally enforceable in the court law” (Ferrera et al. 155). A contract essentially communicates to the parties that it is dealing with all there expections ny a provider at the same time extending itself to protect the rights of the user. “Since the internet creates a digital environment named ‘cyberspace’ which cannot be deemed located in any specific jurisdiction, the determination of connecting factors in electronic transaction is problematic” (Villaneuva, 1). This essentially means that it is a problematic issue of the traditional aspects that govern the formation of a contract. To make sure that a contract is vaild, a customer must be fully aware of the deatisl which are outlined and stated clearly what is being instructed and the site's user agreement be also be easily accessiable to the consumer that contains all its legal aspects. In the contract there are terms and conditions that the company outlines appropriately for the user to understand and acknowledge.
 * Contract:**

__**Works Cited**__

Can-Spam Act. Wikipedia. March 11, 2006 < http://en.wikipedia.org/wiki/CAN SPAM_Act_of_2003> Canadian Intellectual Property Office. 2006. Government of Canada. March 14, 2006. http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html CDT’s guide to online privacy. Existing Privacy Protections. March 18, 2006 –  Epic.org Electronic Privacy Information Center. 22 March 2006.  Ferrera et al. CyberLaw: Text and Cases 2nd Edition, U.S: Thomas, 2004. Industry Canada. The Digital Economy in Canada. Stopping Spam: Creating a Stronger, Safer Internet. Canada: created, 2005-04-29. . Lanham Trademark Act. BitLaw: A resource on Technology Law. March 16, 2006. http://www.bitlaw.com/source/15usc/ “Marvel v. NCSoft (2005) Federal Judge Dismisses Trademark Claims Press Release Mar 11, 2005” March 15, 2006 http://www.gamelaw.org/modules.php?op=modload&name=News&file=article&sid=105 Shyles, Leonard. Deciphering cyberspace. Sage publications, Inc. Thousand Oaks, CA. 2003 Office, Government of Canada. March 15, 2006 http://strategis.ic.gc.ca/sc_mrksv/cipo/toolkit/us_wi-e.html