Brayton Purcell LLP v. Recordon & Recordon Case

Imagine that you are a e-trailer and you have a website. You collect all of the material by yourself. One day you google to find a competitor then face to a website that they copy and paste material of your website even your terms and condition so you sue them to the court for
Violate copyright law. There is a Brayton V. Recordon case.
In this case, Recordon’s use of the same information on its website (despite its passive nature) placed it in direct competition with Brayton Purcell in the Northern District, satisfying the “express aiming”. The court found that Recordon’s website did not indicate the geographical limits of their practice, even if they had never worked for clients in the Northern District. Furthermore, the court reasoned that Recordon’s two attorneys were actually licensed to practice in the entire state, which could lead to the possibility of direct competition in the Northern District. Moreover, the court found that Recordon’s actions created consumer confusion when choosing between Recordon and Brayton Purcell’s websites, given the dearth of law firms specializing in elder abuse law. Thus, the court held, Recordon’s actions satisfied the second prong.

Read more: http://ecommercelaw.typepad.com/ecommerce_law/2010/06/venue-proper-in-copyright-infringement-action-for-recordon-information-verbatim-from-website.html#ixzz0sG0WdIhG

Retail Hacking Ring Charged for Stealing and Distributing Credit and Debit Card Numbers from Major U.S. Retailers

This is case about cybercrime that was happened in U.S retailer.

9 deferments were sue to the court because they stolen Credit card and sell them throw the internet. They violate the law for example Suvorov is charged with conspiracy to possess unauthorized access devices, possession of unauthorized access devices, trafficking in unauthorized access devices, identity theft, aggravated identity theft, and aiding and abetting. Yastremskiy is charged with trafficking in unauthorized access devices, identity theft, aggravated identity theft and conspiracy to launder monetary instruments. The indictment also contains a

Forfeiture allegation.

So the fact is that they unauthorized access devices the stolen around 40 million credit card and theft money. the indictment alleges that the defendants gained unauthorized access to the cash register terminals and installed at each restaurant a "packet sniffer," a computer code designed to capture communications on a computer network.

If the fraud was in Malaysia, it was under section 3(1) .This section follows on by stating that a person guilty under this section is liable to a maximum RM 50,000.00 fine or to 5 years imprisonment or to both.

for more detailed you can click on this Link

http://www.justice.gov/criminal/cybercrime/gonzalezIndict.pdf

Click-wrap agreement

There was a gap between the old contracts and selling online product therefore in 1996 click-warp contract was presented by Zeidenberg.

The content and form of click wrap agreements vary widely. Most click wrap agreements require the end user to manifest his or her assent by clicking an "ok" or "agree" button on a dialog box or pop-up window.
A user indicates rejection by clicking cancel or closing the window. Upon rejection, the user can no longer use or purchase the product or service. Classically, such a take it or leave it contract was described as a "contract of adhesion, which is a contract that lacks bargaining power, forcing one party to be favoured over the other.

Cases involving click-wrap agreements were decided with very different outcomes. Click-warp Cases involved Web-based purchases in which consumers agreed to certain online "terms and conditions."

There is a case, Fee v. Expedia Inc., the plaintiff, Zachary Fee, sued Expedia (which operates the travel website( Hotels.com) for deceptive trade practices, alleging that Hotels.com unilaterally switched the plaintiff's paid reservation from a four-star hotel to a three-and-one-half star hotel.

Fee brought the lawsuit in Kansas, despite the fact that he clicked the "I Agree" button on Hotels.com's clickwrap agreement, which required Fee to bring all disputes against Expedia in Texas. The Kansas court dismissed Fee's lawsuit, and held that the clickwrap agreement required Fee's lawsuit to be brought in Texas, not Kansas.

POS Hackers

Retail losses in the form of stolen, damaged, or lost merchandise and transaction fraud as a percentage of sales continue to occupy a sizeable share of the cost of operations for retailers.

POS is system for shopping online or offline. Usually e-tailings use POS system for doing transactions.

POS terminals that read credit card information, perform card transactions and receive the confirmation code make attractive targets for hackers, that’s because POS terminals often store a relatively high volume of easily accessible credit card data.

Eighty five percent of retailers have identified point-of-sale, low visibility shopping aisles and the backroom (inventory storage area) as high risk locations for loss prevention incidences.

These locations are the most likely breeding grounds for internal and external merchandise theft, illicit POS data access, and customer transaction fraud.

The initial authentication can be bypassed, and after bypassing the authentication an attacker is given direct access to financial transaction information. This is the way that hackers usually access to the POS. This cybercrime can be discuss with Computer Crimes Act 1997 (CCA 1997).

Unauthorized access to computer material

3. (1) A person shall be guilty of an offence if (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;

It is also can be discuss with section 5, also. It is depend one is he modify or not.

E-bay Case

Today we want talk about one e-tailing jurisdiction.
One of the models of e-tailing is auction e-tailing. E-bay is auction retailing there is space that you can buy and sell second hands products or even new one.
The fact:
The case started in November 2008 when the Appellant (MacNeil) purchased a Toyota Land Cruiser from the Appellee (Trambert) on eBay. After a few emails and phone calls between the parties, the transaction was completed. Then MacNeil discovered that the vehicle did not have satellite radio or DVD screens in the headrest, as advertised in the eBay description.
Therefore Macneil contend that breach of contract and Trambert pay 2,546 USD. But court didn’t punish Trambert because the contract was not sufficient for this matter.
For my opinion e-bay must offer a legal contract for this kind of selling.
The court has right because e-mails and telephone are not sufficient document for this matter.
Seller writes a sales contract and them it will confirm with customer for thereafter this problem will not happened.

Do E-tailing pay TAX?

During last recession many retailers face to low revenue and high tax. Therefore they are interested to start internet retailing because there is not any law or inconvenience from law tax but nowadays new California and some other states in U.S.A legist new law related to Retailer commission and tax. One of commission name is commission Junction.

Commission Junction is opposed to certain Internet retail tax bills currently being proposed in several states. We have joined with the California Taxpayers' Association and have signed a letter with other large businesses in the state, opposing the proposed bill in California. For example Amazon taxes also do not "level the playing field" between brick-and-mortar and online businesses; the laws actually mandate disparate burdens on online businesses. Litigation over the constitutionality of Amazon taxes is ongoing, with scholars on the left and right disputing their wisdom and legality.

what is benefit of E-signature?

Every day, millions of customers pay for purchases by credit card.

Customers who know you well may be less concerned about the law but the law may help building trust among those who don’t. But dramatic rise in identity theft, the ever pressing need to provide convenience in checkout services to attract and retain loyal customers, and the growing use of multi-function signature captures devices in the retail sector provides favourable conditions for the deployment of dynamic signature verification (DSV) in retail settings.

Consumers are already comfortable with signatures. It is the most natural way to sign for goods and services whether it’s a credit card receipt, drivers license or even a mortgage.

Employee use benefits the retailer through:
• Fraud protection
• Reduction in credit card theft
• Reduces cash theft
• Reduces charge backs
• Cost reduction through the elimination of paper
based processes
• Copying, filing and shipping of forms to and from
Corporate
• Processing new hire paperwork in hours not days
• Immediate changes, additions & deletions to
exiting employee records
• 100% legibility and completeness of all
documents
• 100% assurance to management that a signature
is that of the employee
• Accelerated checkout process
• Increased private label credit card use
• Eliminating IT management’s time associated
with password management
• Eliminating misuse of employee passwords
• Increased productivity for front end scheduling
• Extensive audit trail of all employees that have
signed into a register or other electronic systems
• Eliminate product theft in shipping and receiving
Consumer use benefits the retailer through:
• Fraud protection
• Reduction in credit card theft use
• Accelerated checkout process
• Increased private label credit card use
• Cards not required at POS

Trust is most important item for shopping online...

Many traditional brick and mortar business enterprises have created an online presence, which allows their customers to literally shop 24 hours a day, seven days a week, 365 days a year.

Commercial dark side has become known as cybercrime and has taken on many forms that affect the perceptions of the way we shop online. Such as credit-card fraud or not receiving the correct products/lack of adequate return policies.

So corporations should realize that these threats to their online businesses have strategic implications to their business future and take proper measures to ensure that these threats are eliminated or significantly reduced so that consumer condense in the Internet as an alternative means of shopping is maintained. These counter measures, coined as cybersecurity, have been developed to ensure the safety of consumer privacy and information allow for a carefree shopping experience.

Wegmans case

Wegmans is one of the big supermarket in U.S, it also sell online product. You can sign up and after you enter your credit card number then you can purchase online.

if you go through website and click on Usage policy, as you can see here.
"in no event will we be liable for any damage of any kind arising of the use of the information contained on this website"
first question is : what mean by "information" ?information that posted to website or information
from company?
and second question is: if we assume information from what company wrote in its website, who is responsible for any customer damage?

Impact of privacy on e-tailing:

Lack of trust is always barrier for shopping online, Therefore, in the e-commerce context, trust and privacy are closely related constructs as many authors have suggested.
As result companies consider two important things, privacy statements and privacy seals.
Those increase trust in the system, trust in the cyber merchant and has a positive impact on behavioural intentions.
consumers should know what information is being collected about them and how to withdraw from such marketing activities.

OPT-IN:
Privacy statements exist in various forms: they may be presented in an “opt-in” format where the cyber merchant requests the consumer’s permission to use his or her personal information and where the consumers are empowered to decide how their personal information will be used and shared.