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Running head: WEEK 3 REFLECTION 1
Week 3 Reflection
Team A
LAW 421
WEEK 3 REFLECTION 2
Week 3 ReflectionThis 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.
Struggles and Application
WEEK 3 REFLECTION 3
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 today’s 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.
WEEK 3 REFLECTION 4
References
Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to
practice. New York, NY: McGraw-Hill/Irwin.