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......................................................................................................................... Description Book 1 - Data Protection - David Bainbridge Data Protection cases in 2004 have developed the law in unexpected ways. David Bainbridge brings his classic text up to date with full reference to a huge range of materials. He brings his considerable experience as a writer and practitioner lecturer on these matters to produce a work that explains the context and implications of these important changes, whilst at the same time offering the substantive materials for further reference. Book 2 - Software Licensing - David Bainbridge Computer software now makes an immense contribution to the operation and performance of most companies. Central to the economics for both vendor and purchaser are the legal arrangements that control their relationship. David Bainbridge provides expert advice and guidance on the drafting of licence agreements. The emphasis is on how licensing agreements work in practice, how they are negotiated and what occurs in the event of dispute. Book 3 - Law for IT Professionals - Paul Brennan IT professionals should be concentrating on IT delivery. Now, however, professionals in every position or role are laced with a legion of complex legal issues from the internet to data protection, to copyright to EU Directives. They need something short to give them the bottom line. This book does that. The idea is to identify the key laws which are needed and describe them as briefly as possible (in a readable way), covering the essentials and high lighting the pit falls to avoid. Book 4 - E-Mail, the Internet and the Law - Tim Kevan and Paul McGrath Truly the first comprehensive guide to the legal implications involved with the use of e-mail, this easy to read book is aimed at all those using e-mail and other forms of electronic communication. It highlights the potential pitfalls which may beset the unwary and assuages the curiosity of all those taking an interest in this developing area of law. In doing so, it provides an admirable guide to the law as it governs the internet, internet trading, e-mail and employment, the criminal law and much much more. Readers will range from the consumer and small business to large corporations, lawyers and other professional specialists. Without losing any of the fully-referenced and researched authority of the law book, the authors have succeeded in providing a text that will be read with interest held throughout. Book 5 - Network Communications - Stephen Mason This book covers the complex and wide range of hardware and software and the law relating to their use in communications in the workplace. The previous editions of this book were titled E-mail and the Internet at work, but the word E-mail will simply no longer describe the issues to be faced. Networked communications have entered into a new phase during the past two years. Now the pressure is on the directors of companies in the United Kingdom. There is a need to take cognizance of a seismic shift in power. Phis is because of an interesting series of cases in the United States of America that may affect virtually every person in the United Kingdom that sends e-mail via the USA. Book 6 - Legal Protection of Software: A Handbook - Richard Morgan and Kit Burden "Software production is a major industry. The richest man in the world got rich by producing software. Yet protecting software assets in law in the UK has been dogged by problems...The problem seems to lie not so much with a weakness in the law, as that in many cases the claimant chooses the wrong weapon or fails to ensure that it has been "loaded" in advance!" • How can you best defend your rights or your client's rights in such a valuable asset? • How can you prevent the software being pirated? • How best to improve your chances of bringing a successful infringement action? Answering these questions, the authors’ approach is a unique one: rather than leaving the reader to work out now to apply the law a general description, the authors take each stage needed to produce commercially robust software and examine what rights arise at each stage. They look at how they can be enforced, if necessary, including how to launch a claim if the damage has already been done and an infringing copy of your software is about to be or is actually being marketed by a rival. ......................................................................................................................... Table of Contents Book 1 - Data Protection Law 1. Introduction and Background 2. The Data Protection Directive 3. Outline of the Data Protection Act, 1998 4. The Definitions 5. The Data Protection Principles 6. Notification 7. Constraints on Processing 8. Rights of Data Subjects 9. Exemptions and Transitional Provisions 10. Enforcement and Criminal Offences 11. The Information Commissioner and the Information Tribunal 12. The First Report of the Commission on the Implementation of the Data Protection Directive 13. Processing Personal Data and the Community Institutions 14. Privacy in Electronic Communications Appendix I – Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 Index Book 2 - Software Licensing 1. Introduction 2. Copyright and Computer Software 3. Industrial Property Rights in Computer Software 4. The Legal Environment of Software Licensing 5. Liability for Defective Software 6. Drafting Software Contracts 7. Licences for Off-the-shelf Software 8. Issues in Software Procurement 9. Negotiating Software Agreements 10. Facilities Management Appendix 1: Example Licence Agreement for Bespoke Software Appendix 2: Example Licence Agreement for Off-the-shelf Software Bibliography Glossary Index Book 3 - Law for IT Professionals 1. Intellectual Property Rights - in brief 2. The Rest of the Law - in brief 3. The Law the Courts and Tribunals 4. Keeping an Eye on Your Staff 5. The Data Protection Racket 6. Protection by Contract 7. Licensing - the Essentials 8. Dangerous Ground for IT Managers - The Challenging Situations 9. The Internet 10. Other Legal Issues 11. Litigation, Litigation, Litigation 12. Not getting your company sued and keeping your job 13. The International IT Professional Appendices Appendix 1: Example End User Licence Appendix 2: 10 Most Frequently Asked Questions Appendix 3: Personal Liability Legislation Bibliography Index Book 4 - E-Mail, the Internet and the Law - Tim Kevan and Paul McGrath Part I - Introduction 1. Introduction to e-mail and the internet Part II - Evidence 2. Information technology in the courtroom 3. E-mail surveillance: in employment & beyond 4. Use of e-mail in evidence Part III – Virtual Liabilities 5. Obscenity and related topics 6. Defamation/breach of confidence/privacy 7. Negligence 8. Intellectual Property 9. Unsolicited mail 10. Viruses, hacking and safer surfing 11. Data protection 12. Multi-media: broadcasting 13. Professional conduct 14. Vicarious liability 15. Discipline of employees 16. Insurance Part 4 – On-line Contract 17. Formation of a contract 18. Conflict of laws 19. Consumer protection 20. Future international harmonisation Part 5 - Conclusion 21. Conclusion Index Book 5 - Network Communications Chapter 1. Networked communications in context Chapter 2. The liability Chapter 3. Types of misuse Chapter 4. Legal liability of the employer Chapter 5. Monitoring networked communications Chapter 6. Workers and personal data Chapter 7. Storing networked communications Chapter 8. Evidence Chapter 9. Content of the networked communications policy Chapter 10. Operational implementation of the policy Appendix Index Book 6 - Legal Protection of Software : A Handbook Part I – Rights 1. Intellectual Property and Other Rights – An Overview 1.1 – Introduction 1.2 - Copyright 1.3 - Patents 1.4 - Confidential Information 1.5 - Know - how Part II – Software Production and Marketting 2. Recruiting Staff for Software Products 2.2 - Introduction 2.3 – The Employment relationship 2.4 – Confidentiality and Trade Secrets 2.5 - Contracts terms and restrictive Covenants 2.6 - Checklist 3. Commissioning Software 3.1 - Introduction 3.2 – Ownership of Intellectual Property rights 3.3 – Situation if Contract is silent 3.4 – Know-how and Protecting your Investment 3.5 – Confidentiality in Commissioning Software 3.6 – Checklist 4. Specifications 4.1 - Introduction 4.2 – Scoping Document 4.3 – Systems Analysis 4.4 – Functional Specification 4.5 – Technical Specification 4.6 – Check List 5. Programming and Testing 5.1 – Introduction 5.2 – Flow Charts 5.3 – IPR in Flow Charts 5.4 – Coding 5.5 – Standard Code 5.6 – Program Suites 5.7 – IPR in Source Code 5.8 – Testing Software 5.9 – Training and documentation 5.10 – Progress Meetings 5.11 - Checklist 6. Updates and Documentation 6.1 – Introduction 6.2 – Correction of bugs 6.3 – Addition of features 6.4 – Legislative or social changes 6.5 – New configuration 6.6 – The Need for a new languages 6.7 – Versions 6.8 – IPR in Versions 6.9 – Rights to repair 6.10 - Checklist 7. Licensing Software 7.1 – Introduction 7.2 – Delivering software 7.3 – Protective devices 7.4 – Licensing 7.5 – Types of Licence Structure 7.6 – Checklist Part III – Enforcing your rights 8. Enforcement of Intellectual Property Rights 8.1 – Introduction 8.2 – Approach to litigation 8.3 – Who may sue? 8.4 – Who may be sued? 8.5 – By when must a claim be brought 8.6 – Where should the action be launched 8.7 – What law will apply? 8.8 – Remedies 8.9 – Defences 8.10 – Evidence 8.11 – The Role of the Expert 8.12 – Criminal Sanctions 8.13 – Alternatives to going to Court 8.14 - Checklist Index ......................................................................................................................... Author Details David Bainbridge - BSc, LLB, PhD, Ceng, MICE, MBCS, Lecturer in Law, University of Aston Paul Brennan, LL.B (Hons), Solicitor, General Counsel, FAST , Pual Brennan is uniquely qualified to give this advice as General Counsel of the Federation Against Software Theft (FAST) the majority of whose 3,000 members are IT Managers working for companies from the majority of the largest FTSE 100 companies to small enterprise. Tim Kevan is a Barrister at 1 Temple Gardens with expertise in internet, e-mail and e-commerce, consumer, employment, personal injury and sports law. He studied economics and the law at Magdalene College, Cambridge University and was a scholar of the Middle Temple. He has a long-standing interest in the relationship between law and the internet and drafted the Bar's Practice Standards for the use of e-mail by the Bar in 1997. He is a member of the Civil justice Councils subcommittee on funding. He is also the author of the textbook: A Guide to Credit Hire and Repair: Law and Practice (1999, CLT Professional Publishing), the Second Edition of which is due in 2001. He surfs and mountain-bikes near his home town of Mine head in Somerset and supports Manchester City. Paul McGrath is a Barrister at 1 Temple Gardens with expertise in computer, employment, consumer and personal injury law. He studied law at London University and was a scholar of Grays Inn. Richard Morgan, IT Consultant and Kit Burden, Partner, Barlow Lyde & Gilber .........................................................................................................................
