You have created an amazing new scientific product called the "widget." You have decided that an e-business is the best way to sell your product. You will have no brick & mortar stores. Your creative team has put together an amazing website and domain name to market your "widget." It contains some original intellectual property and some that is borrowed. You meet with your lawyers to discuss the issues of starting an e-business, protection of your product and intellectual property issues. Your domicile is currently Delaware, but your website may be viewed all over the world and your will ship your product anywhere.

Six months later you are off and running, unfortunately, a defective widget was sent to a California individual who now has brought a lawsuit against you and has also started an online blog about how you are really a child pornographer and your widget business is just a front. Your business revenue starts to drop significantly. You try to stop the blog but the individual claims a constitutional right to state his opinion, he also states that you are trying to violate his constitutional rights. To make matters worse a German terrorist organization has stolen the idea for your widget (online) and is threatening to use it for evil unless you pay them one million dollars. You call your local police to report this.

Abstract A. Creation of website i. Discussion and analysis of contract formation ii. Common clauses that I will include in my contracts iii. What types of intellectual property will I have 1. Discussion protection and remedies for the Widget 2. Time periods for intellectual property B. California lawsuit i. Discussion about jurisdiction ii. Due process iii. Venue iv. Choice of law provisions (that are part of your contract formation) v. Active V. passive websites vi. Minimum contacts C. Defamation i. Discuss initiating a lawsuit for defamation 1. Jurisdiction 2. Elements ii. Discuss other torts that would be appropriate 1. Intentional vs. negligent iniction of emotional distress iii. Possible defenses 1. First Amendment, freedom of speech 2. Other defenses pages 152 54 of our text iv. Remedies widget owner 1. Monetary damages 2. Statutory damages 3. Attorney's fees 4. Injunction v. Remedies California Blogger 1. Damages and fees (what does our original contract say) D. Blogger brings up his constitutional rights as a defense i. Discuss constitutional principles and how they occur in cyberspace. ii. Discuss why this is not a legitimate defense (hint who is the only person that can violate your constitutional rights?) E. Cybercrimes and the terrorist who have stolen your widget. i. How should you report this crime ii. What should law enforcement do iii. What are the issues 1. Jurisdictions 2. International treaties or agreements F. Conclusion - Summarize your main points Reference Page