BMIS 570
DISCUSSION: CONTRACTS FOR THE INTERNET AND TECH SECTORS ASSIGNMENT
INSTRUCTIONS
OVERVIEW
Before you answer the questions below, review the Discussion Grading Rubric and the specific
requirements of Discussion posts, including length, at least 1 scholarly sources (other than the
textbook and course materials), current APA citations, and Biblical worldview integration.
INSTRUCTIONS
Thread Prompt:
Topic: Contracts for the Internet and Tech Sectors
Read the case Davidson & Assoc., Inc. and Blizzard Enterprises v. Internet Gateway, Bnetd.
Describe how the parties could have resolved this issue without resorting to litigation. As
counsel to the plaintiffs, and you won the case, you know there will be more defendants in future
cases. What other legal strategies can you offer plaintiffs?
Your thread must also be at least 350 words or more, and follow the guidelines outlined in the
Student Expectations.
Post your threads by 11:59 p.m. (ET) on Sunday of Module 5: Week 5.
Reply Prompt:
Reply to the threads of 2 classmates who offer views different than yours. Identify the points of
difference between the analyses, and explain how your application of the relevant law to the facts
of this situation led you to a different conclusion.
Each reply must be at least 250 words and supported by at least 1 scholarly source other than the
textbook/course materials. Each source must be properly cited in current APA format.
Post your replies by 11:59 p.m. (ET) on Sunday of Module 6: Week 6.
Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.
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Contracts for the Internet and Tech Sectors
Name:
Institution:
Course:
Date:
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Contracts for the Internet and Tech Sectors
In the case Davidson & Assoc., Inc. and Blizzard Enterprises v. Internet Gateway,
Bnetd had an option of resolving the issue without opting for litigation. The case would have
been solved through arbitration or conciliation.
Considering the issues presented to the court by the parties, consolation would be a
relevant approach to resolve the matter since they were under organizational framework and
settings (Rao, 2012). The main issue presented was copyright infringement, where permission
for material use was sought from the Blizzard enterprise. These parties had competing interests
on how they would secure space on service. Conciliation would present a solution by advising
the parties to reach an agreement on operational spheres and each party's position in the
settlement.
The parties could also opt for arbitration to solve the case, where they could both agree
on a single arbitrator or appoint an arbitral tribunal. Arbitration is a neutral strategy as the case
could dwell and be solved on an agreement (Rao, 2012). The agreement would create a fair
ground stating how each party would benefit from the solution. The defendant, Bnetd, and the
plaintiff were engrossed in the infringement of the copyright. They were engrossed as the
plaintiff chose to seek relief on injunctive relief, which was confirmed in the consent decree.
Legal strategies to offer the plaintiff
The plaintiff can explore and embrace the corporate legal acquisition, which will be
beneficial in controlling and avoiding encounters with the defendants in the future.
Corporate legal acquisition legally permits the plaintiff to acquire the other business,
especially if it desires a better positioning of it in the market.
On legal positioning from the agreement made, the plaintiff can revisit their stand and
secure a legal environment. Securing a legal environment is beneficial to the plaintiff
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as it protects their program and prevents the defendants from being permanently
enjoined in the operation realms.
Using defensive technical disclosures can be another relevant strategy as it allows the
plaintiff to have a controlled space for its operation. Defensive technical disclosure
allows for patent fencing, which will prevent the law from further actions favoring the
defendant in future events.
Reference
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ipadmin. (2018, April 9). Why Defensive Publishing is a Sound IP Strategy | IP.com. IP.com
- IP Innovation and Analytics. https://ip.com/blog/defensive-publishing-strategic-ip-
strategy/
Rao, M. J. (2012). Concepts of Conciliation and Mediation and Their Differences.
THE LEGAL ENVIRONMENT OF BUSINESS - WHY SHOULD YOU CARE? (2022,
February 14). ZenBusiness Inc. https://www.zenbusiness.com/blog/the-legal-
environment-of-business-why-should-you-care/
