Legal Issues in Cyberspace

Legal Issues in Cyberspace
Name
Institution
Introduction
In almost every facet of contemporary world there is extensive reliance on the availability and effectiveness of what is commonly known as cyberspace. This refers to the globally interconnected digital communications and information infrastructure. Nearly every part of every person’s daily life is connected directly or indirectly to Cyber space. Cyberspace has made it possible what was deemed impossible in the past. However, there are several challenges associated with the use of cyberspace. Sophisticated cybercriminal activities have targeted multiple industries as well as individuals with the aim of stealing data or even worse, to disrupt the functioning of an industry. Cybercrimes include; worms, viruses, Trojan horses, denial of services, phishing, unauthorized access, as well as control system attacks. There are several issues regarding laws and the internet. Some of these issues are related to copyright issues, trade mark issues, domain name issues, spam issues, cybercrimes, and many more (Lovells, 2012). This essay focuses on discussing legal issues in cyber space.
There are several principles applying to copyright of computer software. These principles extend beyond literal copying of the text and cover the copying of the more nonfigurative structure, sequence and organization. One of the most significant rulings that addressed the scope of copyright protection was the one achieved in the case of Whelan Associates versus Jaslow Dental Laboratory. A dispute arose over the ownership of a commissioned computer program. The dispute was between a customer and an independent software contractor. Jaslow Dental laboratory Inc was a medium sized dental laboratory that was principally operated by Rand Jaslow. The laboratory was involved in production and distribution of materials and services essential in the practice of dentistry (Wm, David Taylor III, 1989). Rand Jaslow made attempts to create a computer program that would help him simplify inventory, marketing as well as bookkeeping. However due to lack of expertise, he failed and he sought for help from Strohl Systems Group to help him design a custom-made program for his business. An agreement was reached that Elaine Whelan who was an experienced programmer as well as half proprietor of Strohl Systems, was to develop solely a dental laboratory software system that was to be used on an IBM-Series 1 computer. Strohl Systems was to retain ownership of all software as well as marketing rights and Jaslow Laboratory was entitled to a 10 percent royalty on every program sold. However, it had no rights in any subsequent variations of the program. Since Jaslow Laboratory was the pilot program, it agreed to offer its computer for demonstrations (Sundholm, 1987).
Rand Jaslow provided information on business aspects associated to the system while Elaine Whelan designed the dental laboratory program which was written in EDL (event driven language) computer programming language by March 1979. Elaine Whelan also designed other similar programs such as a version of the Dentalab system meant for IBM PC computer. The latter was more commercially promising because of affordability and popularity of the underlying co...