Internet Law Mediation: A Growing Field to Meet a Growing Need
Internet law mediation is a relatively new construct. As technology rapidly expands into our everyday lives and business endeavors, experts work daily to develop a legal framework within which to resolve legal disputes related to Internet law. Considering the “newness” of Internet law, courts have encountered the problem of attempting to build this framework from scratch, as preexisting legal frameworks fall short in dealing with the rapid growth and needs of the Internet law arena.
At present, Internet law mediation focuses on legal disputes involving web site development, service provider liability, trademarks on the Internet, domain name disputes, and web page linking and legal liability. Within this scope, issues related to copyright concerns, domain name concerns, trademark concerns, defamation, and linking and framing are covered, ensuring that a business or individual has the freedom to build an online presence that is protected under many of the same copyright laws available for non-Internet published work.
Service providers are also a primary participant in the process, providing web hosting solutions and an array of online options that make it easy for businesses and individuals to build an online presence and reputation. Like any provider, however, these companies require contracts and terms of service agreements that are violated by users and require further legal exploration under the new Internet law legal framework. In such cases, judges often refer to the basics of contract law in relation to service providers/vendors to resolve disputes.
Trademarks and trademark liability is another hot topic in Internet law mediation, particularly as it relates to accusations of infringement. Although the Internet is easy to monitor (after all, it is publically accessed), it is also vast, making it often difficult to determine if trademark infringement is occurring. In cases where trademark infringement is proven, swift and effective legal action via Internet law mediation is one of the most effective means of resolving that infringement.