Ethics, Corporate Responsibility, Criminal Law and Torts

Mary Reed

Module 2

Ethics, Corporate Responsibility, Criminal Law and Torts

12/04/2011

Problem 9 Chapter 5

Was EF entitled to the preliminary injunction?

I would say yes, they were entitled to the injunction. Explorica, Inc. did not have any permission or authorization to access there code information. They made a program that is illegal to obtain information that would benefit their own business which is wrong according to the CFFA. The Computer Fraud and Abuse Act state that it is a violation when a person "knowingly, and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value. (pg. 164) Cyber Law in Action. The evidence that I think that help get the injunction was the fact that the scraper that Explorica used caused compilation of 60,000 lines and the rough equivalent of eight telephone books. This caused damage for EF so I believe that the injunction was entitled to EF.

Problem 14 Chapter 6

Did R & J have a valid conversion claim?

R & J did not have a valid conversion claim. Conversion is the defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent. (pg. 198).First of all R & J was offered the opportunity to renew their lease in which they decline and when they decline they should have removed their property then but they did not they did not make any claim of any property to T & C. Now that T & C has possession of the property again they rented it out to new tenants... When R & J found out about the new tenants then they went back asking about their property and T & C informed them to contact the new tenants that there would be no problem so they did and when they did the new tenants ask for a list of the property but never receive one. Neither the new tenants nor T & C refused them their property so they had no claim for conversion because they are the one that did not provide the new tenant with the list of their property.

References:

Business Law: The Ethical, Global, and E-Commerce Environment (14th Ed).

www.law.cornell.edu/wex/preliminary_injunction

Module 2 Reading

www.houston-opinions.com/law-conversion.html

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