¶ … legal issues should Heimusic be thinking about?
Choice of Laws
Heimusic is a UK-based website, however it does not limit the use of its website to only UK citizens. The Heimusic website can be accessed by anyone in the world through the Internet and therefore the company may be subject to the rules and laws of many different countries. Heimusic should consider the legal implications of being subject to numerous jurisdictions and take action to implement user policies that will limit the laws governing its operations. A choice of laws provision in the websites terms and use will be provide some protection for Heimusic, but will not entirely eliminate the application of other countries laws. Heimusic should continue to consider the risks of liability from multiple jurisdictions because it is operating in a global market.
Heimusic faces the possibility of having to comply with multiple laws from its data collection activities. The company collects information about its users in a database and then licenses the use of the data to third parties. The users of the website must consent to the inclusion of their information in the database, but are enticed to do so through and offer of small discounts. Depending on how much detail is present in the actual terms of the consent given by users, Heimusic may be entering into consumer contracts with each of users for the use and licensing of their information. The formation of a contract requires an offer by a party, an acceptance on the offered terms, definite terms as to what the contract is for and adequate consideration (Ollek, 2009). There is an offer to consent to the use of the information from Heimusic to the user made in the login process. There is consideration for the use of the information by the giving of the discount from Heimusic to the user. There are terms regarding the use of the information, although these terms are not specified, which may create a contract. Lastly, there is acceptance by the user of the terms when they consent to the use of their information during in the logging in process. If a contract has been created, Heimusic should be concerned about the application of other countries laws to these activities.
The creation of a consumer contract may cause Heimusic to be subject to the consumer protection laws of the country where the user resides. The Rome I Regulation, which took effect in the UK on 17 December 2009, updates the rules determining which country's laws apply to a contract (Halton, 2010). This law provides that a consumer's local consumer law will apply where the seller either "pursues his commercial or professional activities" in the customer's country of habitual residence or "by any means, directs such activities to that country" (Halton, 2010). "Directing activities" towards a country could include activities such as offering a choice of languages on a website or providing prices in Euros for other EEA states (Halton, 2010). The parties to a consumer contract can choose the law that governs the contract but the consumer retains the benefit of any mandatory consumer law protections in their home country, provided certain conditions are met (Halton, 2010).
Since Heimusic is a consumer-based website, it should be concerned with the application of the Rome I Regulation in light of the possibility that it is forming consumer contracts with users. A website disclaimer would be a very good idea for Heimusic to limit liability, provide for a choice of law, and to set forth the terms that users must agree to in accessing and using the website (Davey, 2008).
B. Copyright Infringement
The most glaring copyright issue for Heimusic is the file swapping portion of its website that allows users to upload and download music files with software provided by Heimusic. File sharing was first brought into controversy by Internet giant Napster and the subsequent legal battles over its peer-to-peer (P2P) file sharing website. The Napster litigation began in December of 1999, when the five major recording industry companies -- BMG, Sony, EMI, Universal and Warner -- filed suit against Napster for copyright infringement (Sher, 2002). The Internet music-swapping or file sharing brought into the spotlight by the Napster litigation is now known the industry as the "digital distribution of music" (Sher, 2002). Numerous file sharing websites experienced similar lawsuits as the world's legal systems tried to deal with the flood of electronic media sharing. Gnutella, Madster/Aimster, Grokster, Morpheus, KazaA, FreeNet and numerous other peer-to-peer systems use different technological frameworks and present varying legal issues (Bower and Rimmer, 2005). As the law regarding...
Analysis of Future Effects and How These Will Be Addressed Providing healthcare providers with the ethical training they need to make informed decisions during ethical dilemmas represents a useful starting point, but the exigencies of the human condition mean that people's desires change over time, but they will always need timely and accurate information about the alternatives that are available to them. People experiencing the rigors and stresses that are involved
Legal Issues in Hydraulic Fracturing This study provides a comprehensive elaboration of the legal implications of hydraulic fracturing. Moreover, it reviews the environmental issues associated with the process of hydraulic fracturing. The role of hydraulic fracturing in the United States energy needs is also reviewed. Some of the environmental issues raised concerning the process include ground water contamination, chemical implications as well as air contamination. The legal issues handled include the
The second case involves a third grader who was seriously injured (became quadriplegic) when he ran into the street after school and was hit by a car. His family argued that they had not been made aware of early release, and sued Pleasantville Public Schools (Jerkins v. Anderson a-49-06) for negligently "failing to carry out its duty to provide reasonable supervision," the NSBA explains. The upshot of the 2007 case
those of the federal government. But the assessment delivered in the case of Granholm v. Heald actually seems to imply that this focus is misdirected. In a case where small wineries with limited means to obtain local distribution have attempted to broader their reach through catalogue and web-based sales, several states have invoked the language surrounding the repealing of prohibition (through the 21st Amendment) in order to oppose these
LEGAL ISSUE, STRUCTURE, and ANALYSIS A. LEGAL ISSUES-LIMITED PARTNERSHIP. According to Black's Law Dictionary (1991), a limited partnership is a "type of partnership of one or more general partners who manage business and who are personally liable for partnership debts, and one or more limited partners, who contribute capital and share in profits but who take no part in running business and incur no liability with respect to partnership obligations beyond contribution"
A person's religion is in almost all employment contexts an entirely private issue and asking a job candidate about her religion suggests that that religious affiliation is one of the criteria on which she is being assessed. Again, even if this is in fact not the case, the manager has opened up the process to the suggestion of religious bias. If, however, the person conducting the interview is the director
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now