A Legal Guide to EDP Management

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Intended as an introduction to the law for electronic data processing managers, this book provides a comprehensive overview of legal issues and concerns of particular relevance to those responsible for running computer operations. The author shows the reader how to identify potential areas of liability, how to take steps to prevent a potential liability from becoming an actual liability, and how to communicate more effectively with legal counsel when it is required. As Gemignani demonstrates, managers of computer operations must be especially alert to areas of legal vulnerability because computers have raised novel, precedent-setting legal issues that the courts have only recently begun to address. His guide, written for professionals with little background in the law, will enable EDP managers to recognize their rights in particular situations and deal more successfully with legal problems when they arise. The book begins with an introduction to the law, courts, and the trial process. This first chapter also includes a brief survey of legal research tools that will enable the reader to find the latest word on a question in this rapidly evolving field. Gemignani moves to a discussion of contract law, addressing issues such as the Uniform Commercial Code, warranties, breach of contract, and remedies available in case of breach, rejection and acceptance of contracted-for products, and licenses and leases. Subsequent chapters examine copyright law, laws related to patents and trade secrets, computer crime and piracy, torts, and evidentiary considerations managers should be aware of in designing and operating computer centers. Each chapter contains a list of selected readings, and an extensive glossary of legal terms is provided for ready reference. A contract checklist, forms and instructions for obtaining a copyright, and a sample U.S. Supreme Court slip opinion on a topic in computer law complete this invaluable guide.