Replacement Advertising on the Web - Is it Legally and Ethically Essay

Replacement Advertising on the Web - Is it Legally and ethicallyAcceptable?Summary=======This report discusses the legality and ethics of a sweet piece ofsoftware launched in February 2001, which allows ISPs to overlayadvertising banners on any mesh page on the net with adverts sold by,and controlled by them. Investigations led to discussions aboutCopyright infringement and European Competition Law. Many examples ofCase Law were excessively investigated for their possible links with issuesarising from the use of this software.Introduction============This report is being written to try to understand the issues raised,both legally and ethically, by the release of a new piece of software(Fotino) onto the Internet market. In an attempt to answer whetherthis software is an acceptable addition to the world of the web, onlyreplacement advertising as facilitated by Fotino software will beconsidered. This is due to the fact that since my probes intothis subject began other software packag es have come to light, whichmay be able to perform this campaign in a slightly different way.The problem posed by this software has required investigations fromboth a practical and theoretical standpoint, in that in practice thesoftware has not yet been adopted by any of the Internet ServiceProviders (ISPs) and so cannot be fully investigated along thisroute, yet from investigation I have been able to see the software inaction from its marketing campaign. From a theoretical point of viewI have investigated vivacious laws and cases that I think may be usedin the future, either for or against the use of this software, shouldany of the legal and ethical issues raised be fought in a court oflaw.This report is being written for anyone who may have an interest indeveloping technologies and how they affect both the technologicalworld and confederacy as a whole, ethically and legally. This report willraise issues about the catch-up situation of the legal system and thefast developing wor ld of the internet. Due to the rush at which theworld of computers develops I do not feel that this report willprovide answers to the problem, but will merely provoke discussion and approximation about many issues. The Managing Director of MeltingpointTechnologies - the company who developed the Fotino software, hasrequested a c... ...opean Community Law. LondonBlackstone Press Ltd. pp 250-267.Web Sites---------Hunt, J, 2001. Guardian Unlimited online. UK Guardian. for saleatURLhttp//wwwguardian.co.uk/archive/article/0,4273,4136232,00.htmlAccessed 18th February 2001.Lambert, J, 2001. Electronic Telegraph City News Headlines online.UK Electronic Telegraph. Available atAccessed 24th February 2001.(Author unknown), 1997. Lawtel Case Law online. UK Lawtel.Available atAccessed 4th March 2001(Author and year unknown), Analysis - Agency-client Contractsonline. UK Marketing Law. Available atAccessed 20th February 2001.Case Law--------Cooper v Stephens 1895 1 Ch 567Shetland multiplication Ltd v Dr Jonathan Wills 1997 FSR 604Sinanide v La Maison Kosmeo 1928 139 LT 365Spectravest Inc v Aperknit Ltd 1988 FSR 161United Brands Co. v Commission (Case 27/76) 1978 ECR 207Volk v Etablissements Vervaecke Sprl (Case 5/69) 1969 ECR 295Statutes--------The Copyright Act 1956The Copyright, Designs and Patent Act 1988 s 16(1), s 17(2), s 20European Competition Law Article 85(1)European Competition Law Article 86