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

Replacement Advertising on the Web - Is it Legally and Ethically Acceptable? Summary ======= This report discusses the legality and ethics of a new piece of software launched in February 2001, which allows ISP's to overlay advertising banners on any web page on the net with adverts sold by, and controlled by them. Investigations led to discussions about Copyright infringement and European Competition Law. Many examples of Case Law were also investigated for their possible links with issues arising 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 whether this software is an acceptable addition to the world of the web, only replacement advertising as facilitated by Fotino software will be considered. This is due to the fact that since my investigations into this subject began other software packages have come to light, which may be able to perform this function in a slightly different way. The problem posed by this software has required investigations from both a practical and theoretical standpoint, in that in practice the software has not yet been adopted by any of the Internet Service Providers (ISP's) and so cannot be fully investigated along this route, yet from investigation I have been able to see the software in action from it's marketing campaign. From a theoretical point of view I have investigated existing laws and cases that I think may be used in the future, either for or against the use of this software, should any of the legal and ethical issues raised be fought in a court of law. This report is being written for anyone who may have an interest in developing technologies and how they affect both the technological world and society as a whole, ethically and legally. This report will raise issues about the catch-up situation of the legal system and the fast developing world of the internet. Due to the speed at which the world of computers develops I do not feel that this report will provide answers to the problem, but will merely provoke discussion and thought about many issues. The Managing Director of Meltingpoint Technologies - the company who developed the Fotino software, has requested a c... ...opean Community Law. London: Blackstone Press Ltd. pp 250-267. Web Sites --------- Hunt, J, 2001. Guardian Unlimited [online]. UK: Guardian. Available at: URL:http://wwwguardian.co.uk/archive/article/0,4273,4136232,00.html [Accessed 18th February 2001]. Lambert, J, 2001. Electronic Telegraph City News Headlines [online]. UK: Electronic Telegraph. Available at: [Accessed 24th February 2001]. (Author unknown), 1997. Lawtel Case Law [online]. UK: Lawtel. Available at: [Accessed 4th March 2001] (Author and year unknown), Analysis - Agency-client Contracts [online]. UK: Marketing Law. Available at: [Accessed 20th February 2001]. Case Law -------- Cooper v Stephens [1895] 1 Ch 567 Shetland Times Ltd v Dr Jonathan Wills [1997] FSR 604 Sinanide v La Maison Kosmeo [1928] 139 LT 365 Spectravest Inc v Aperknit Ltd [1988] FSR 161 United Brands Co. v Commission (Case 27/76) [1978] ECR 207 Volk v Etablissements Vervaecke Sprl (Case 5/69) [1969] ECR 295 Statutes -------- The Copyright Act 1956 The Copyright, Designs and Patent Act 1988 s 16(1), s 17(2), s 20 European Competition Law Article 85(1) European Competition Law Article 86