Courts are expected to have jurisdiction to enter into a valid and enforceable judgment on a claim.

Q. 1 Courts are expected to have jurisdiction to enter into a valid and enforceable judgment on a claim. Jurisdiction is thus categorized into personal jurisdiction and subject matter jurisdiction. In Personal jurisdiction the defendant is expected to have certain minimum contact with the forum on which the court sits to allow for it to exercise its power over the defendant. Personal jurisdiction can therefore be defined as the power of a court to compel a defendant to appear or adjudicate claims made against or by the defendant for claims made.. In the absence of personal jurisdiction, a court may not exercise judicial power over a defendant Subject Matter jurisdiction is the power that a court has over the nature of a case and the expected remedy that is demanded. Parties can waiver personal jurisdiction and can submit to the court. However, there are no waivers incase of subject matter jurisdiction and a court can dismiss a case on the basis of lack of subject matter jurisdiction in some instances.
Q.2What is required to maintain personal jurisdiction over a nonresident defendant who operates a website? Non residents are bound to the jurisdiction of another state in case they have a physical location or premises. In case the nonresident lacks a physical location in a certain state, they are unbound by the jurisdiction of that state.
3. Explain the difference between a choice of law clause and a forum selection clause. Why would a company include these provisions in an online agreement?
“Choice of law” ensures that that the rule of a given jurisdiction disputes that arises irrespective of the jurisdiction in which the claim is filed or offence is committed. The forum or Venue selection claim identifies a particular court or state in which adjudication can be addressed. The forum selection allows the parties to agree litigation from a contract will be initiated through a forum. The reference can be a court within a certain jurisdiction or a certain dispute resolution process. The choice of law clause indicates the law to be applied and can be used to determine disputes which occur in different states to that which the contract was entered.
4. What types of works are exempt from copyright protection? Give specific examples of websites that have content that are not protected by copyright law.
There are some works hat are not protected by Copyright and makes them accessible by any individual. The works include works lacking originality such as comprehensive compilations and reprints that are unoriginal. Other works that are not protected by copyright are public domain works, Facts, US Government works and Ideas, systems and methods outlined in copyrighted works.
Q.5 what are the four fair use defense factors? Provide examples of each factor. In Section 107 of copyrights outlines the conditions that make reproducing of copyrighted material as fair use.. A work can considered fair use if is satisfies certain factors which include: The character and purpose of use, including if the use is for commercial gain, the nature of copyrighted material, the amount of material used in relation to the copyrighted work and the effect caused on the potential markets of the work.
Q6. What is the meaning in transformative use?
Copyrights promote creation of new objects from original and existing creations. The use is referred to as transformative use if there is addition of different elements that alter the first making it add new understanding and insight. In case the new work just supersedes the original, it is not transformative and cannot protected by the copyright laws. Transformative use entails representation of the original work in defending a new creation, critizing work that has been copyrighted and exposing a character to the initial author when supporting a fact.”
7. What is the safe harbor provision under the Digital Millennium Copyright Act?
7. What is the safe harbor provision under the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act (DMCA) is a copyrights law in the United States that implements two treaties in the 1996 World Intellectual Property Organization (WIPO). It protects against production and dissemination of services, devices and controlling the access of copyrighted works. The DMCA also criminalizes and increases the penalties on copyright infringement over the internet. The law was passed by the U.S senate on October 12, 1998 and was signed into law on October 28, 1998 by President Bill Clinton.
8. What are the international treaties governing trademarks?
The International treaties governing trademark include: Paris Convention, The Trademark Law Treaty, Nairobi Treaty and the Singapore Treaty. The treaties governing registration systems to get protected include: the Protocol relating to the Madrid Agreement and the Madrid Agreement. Finally, the treaties governing the International classification systems include: The Vienna Agreement and the Nice Agreement.

9. How can a company protect trade secrets?
Trade secrets are maintained to protect a good, commodity or service offered by a company. The formulas, information and methods that give competitive advantage is protected by the trade secrets and it may be suicidal incase a trade secret to a business leaks out. Therefore, every organization strives to ensure that their trade secrets are kept safe and a good trade secret policy ensure this. There are some measures that businesses can take to ensure that their trade secrets are not revealed and remain safe.
Firstly a business should establish procedures and priorities. Trade secrets vary from one business to another and may entail a secret sauce, manufacturing process or a raw or intermediate product. Putting safeguards protects the secret incase of dispute since the jury will identified that protection was enforced. A trade secret is protected by law according to the Trade secret Act if the owner attempted to keep it a secret.
Secondly a trade secret can be protected through employee involvement. The organization can ensure employee confidentiality through educating them on the consequences of disclosure, insisting on employees to sign nondisclosure agreements. The organization should also limit the information it shares with its employees to limit instances of trade secret disclosure.
Trade secrets can be concealed through including a non-disclosure agreement when making alliances with other businesses. The non-disclosure protects the owner from the requirement to lay bare it secrets. This protects a trade secret from stray copying and ending in wrong hands.
Trade secrets can be concealed and protected through registering the mark with the statutory Trademark and the Common-law trademark. The double registration ensure that make it a unique name across every state and to ensure that the owner personally own it.
10. What are the basic requirements for a valid contract entered into via the Internet?

. (i) Intention to create legal relations. The transacting individuals should be willing to create a legally binding contract and both parties should be willing to fulfill the provisions in the contract.
(ii) Offer. This is an expression of the willingness and readiness to do something for the other party involved in the contract agreement. The offer is executable over a specific period of time and the offer should specify the deadline to allow for its acceptance.
(iii) Acceptance. A contact is binding once parties involved accept the offer. The offer is accepted online through clicking on the I ACCEPT button.
(iv) Consideration (benefit given to the other party). This refers to the detriment to the contracting individual who made the promise. This entails the services or software provisions are to be availed to the other party at the agreed economic terms.
(v) Capacity (the authority or ability to make contracts). The contracting individuals should recognized by the laws in the various jurisdictions. The contracting parties should be sane and not minors. Failure to comply makes a contract not binding between the parties.
11. What are the differences between a clickwrap agreement and a browsewrap agreement?

A clickwrap agreement is common to software licenses and online transactions and the users agree to terms and conditions before using a product or service. The content and format of the Clickwrap agreement varies with the vendor and involves clicking on the IACCEPT, ACCEPT and OK button to agree to the terms and conditions. However, to decline the terms and conditions an end user is expected to click on the CANCEL button. In the browsewrap agreement, the website owner binds the end user to terms and conditions by posting the terms on a section on the website that is accessed through a hyperlink at the bottom of the homepage.
13. What are the three general categories of computer-related crimes?
Data Transfer Theft:
Data transfer theft happens when a person uses somebody phone line and connects it to their computer. The thief can also use your phone line and make people believe that is you. Even when you have turn off of your computer, any person who has selected to use your phone line can keep using your internet service and pretend to be that person that the thief been hacking. Using this technique, if any person use your phone lines you would know who it is.
Spamming:
The sending of bulk Emails to a many number of computers is known as “Spamming” and is very illegal, depending on the country you are and the spanning initiates from. In some country spamming can be legal depending on what country; spammers could be hard to prosecute.
Fraud:
Computer Fraud has a lot of ways, including altering computer input and output, altering or deleting stored data, and altering or misusing system tools and software packages for the wrong reasons. Also, computers can be misused to make several types of fraud, such as bank fraud or theft (of information).
Obscene/Offensive Content:
Any illegal content that is put in storage on the computer is also considered a computer crime. Like some of the country some content considered “illegal” will be different from country to country, like child pornography is always been illegal in every country of the world, and makes up for all this category of computer crime
The categories of computer crimes are the highest threat at the present time is the data transfer theft. Because, when someone uses your phone line and connects it to their computer. The thief could also use your phone line and make people believe that is you. Once you have turn off of your computer, any person who already tapped into your phone line can keep using your internet service and make people believe that is you. Using this method, anyone can be using any phone lines and you would not know who is doing in it.
14. What does the federal wiretap act provide? The Act protects individuals from government eavesdropping since the security officials were initially involved in recording communications. The Act makes it hard for the police to get a warrant to tap into a citizen’s communication. The Act provides the procedure to be followed when obtaining a warrant to eavesdrop into an individual’s communication. The wiretap Act was passed in 1968 by them congress and states in the U.s.

15. What does the CAN-SPAM Act provide?
The Act was passed in December 2003. The Act Controls the Assault of Non-Solicited Pornography and Marketing Act which became functional on January 1, 2004. The Act outlines the national requirements to commercial e-mails and the anti-spam laws. Under the Act, business will be able to conduct campaign on e-mail marketing without breaching the state laws.