Study of Case Studies on Cyber Crime

This document provides a study of case studies related to cyber crime, including the original idea for social networking, the importance of execution, strategies to protect against competitors, and legal strategies for plaintiffs.

Running head: - CYBER CRIME
STUDY OF THE CASE STUDIES RELATED TO CYBER CRIME
Name of the Student
Name of the University
Author Note

1CYBER CRIME
Case Study 1: The FaceBook, Inc., v. ConnectU
Who do you think should be known as one who came up with the original idea for social
networking?
According to the case study and considering the different situations, it can be stated
that Tyler Wlnklevoss and Cameron Winklevoss the twin brother are the ones who came up
with the original idea for the social networking. According to their point of view they stated
that Mark Zuckerberg had stolen the idea and introduced Facebook as one of the social
networking site (Kotabe & Kothari, 2016). The ConnectU were initially working for two long
years before Mark Zuckerberg introduced the Facebook site. Both the ConnectU and
Facebook are the operators of social networking platform. The Facebook had claimed that the
ConnectU accessed all the email associated with the account of the Facebook users. After
accessing the emails the ConnectU had sent emails to the users. There were number of
complaints against the ConnectU. There were total of seven cases out of which the ConnectU
were able to dismiss five cases. However, according to the research the twin brothers were
the original one who came up with the idea of the social networking platform.
Which is more important: the idea or the execution of the idea?
The execution of the idea is important than the idea. The execution is one of the
important aspect. The execution helps in facing the different type of hurdles while it is
implemented in reality. According to the particular case study it can be stated that the
execution is more important. The twin brothers had original conceived the idea for a social
networking site. The main idea for the invention of such platform was too connect the
students of the Harvard University with the student from other universities. However, due to
lack of the professionals’ programmers the code related with the website was incomplete.

2CYBER CRIME
Mark Zuckerberg was appointed to complete the remaining task (Ehret & Wirtz, 2017). After
few years it was seen that Mark Zuckerberg invented his own social networking website
named as the Facebook. It was observed that the ideas incorporated in the Facebook was
based on the idea proposed by the Winklevoss. However, the execution of the ideas is
important as the idea can be easily used by others without the permission of the person who
originated the idea.
Identify strategies to best protect against getting beaten to market by a competitor. How
innovation and inventions disrupt and prevent operations of markets, industries, and
companies?
There are various strategies that can be implemented to protect the business from the
competitors. In a business, it is important the market position and to stay ahead compare to
the competitors present in the market (Markides, 2013). In each and every business there is
competition due to the presence of the competitors. The company having the art to manage
their business smartly nullifies the effect of the problems or competition faced by the
competitors. There are certain important strategies that is used to beat other competitors
present in the market. The strategies are as follows:-
 Recognizing the different requirements and grievances of the customers and finding
solution for the same.
 The company related to the business must have something unique within it so that
large number of customers is attracted and the business can be easily expanded.
 The pricing is one of the biggest strategy that can help in attracting more number of
users, the users select the company who offers the best service for money (Patel et al.,
2014).

3CYBER CRIME
However, to bring innovation it is important to bring together the three fundamentals things.
The three fundamentals things are the people, their knowledge and the process that will be
used for the innovation. There are various risk which are related with the innovation and
invention which can be overcome or rather resolved in different ways. One of the risk that the
company takes is related to the invention of the new product. The company thinks that
whether the idea or the new invented product will be a success or loss for the business
organization. In order to manage this type of risk it is important to perform trials. There are
also different types of risks related with the access of the information of the users by the
unauthorized parties. In order to avoid such kind of access it is important to implement
different types of security in the platform. There is the need of implementation of different
rules and regulation to keep the users information secure (Tidd & Bessant, 2018). Innovation
is one of the important part that helps in the success and development of the business. The
innovation can be either an advantage for the business or it can be a disadvantage for the
company. However, it can be stated that there need to be certain basic requirements that need
to be implemented. There must be a separate agreements between the two parties to protect
the business (Rennie & Morrison, 2013). Moreover, there must be different strategies to save
and improve the business with respect to other competitors. Innovation and invention plays a
major role in the business process which requires proper implementation.
Case Study 2: Davidson & Assoc., Inc. and Blizzard Enterprises v. Internet
Gateway, Bnetd
Describe how the parties could have resolved this issue without resorting to litigation.
There are different ways that the parties can implement or rather follow to resolve the
different issues without the use of any legal actions. The first method is the mediation. The
mediation helps in the involvement of a neutral third party. The main aim of the mediators is

4CYBER CRIME
to help the parties in resolving their disputes by their own with the help of the mutual
understandings. The function of the mediators varies in different cases and different demands
of the case (Allison, Lemley & Schwartz, 2014). There are different types of mediators, some
mediators are good and some mediators are rough. The mediator’s helps in active
participation of the different members related to the case. It is observed that the mediators are
used to resolve and settle various conflicts which are based on the political agreements,
different types of disputes related to the labours and landlords. The different types of method
for resolving the disputes is based on a particular business fields. There can be use of
different types of commercial agreements that can help in specifying the main reason for the
disputes and can help in resolving of the case directly by the parties (Orlando & Rosoff,
2018). The dispute resolving method helps in saving the time and money. The disputes can be
resolved by the method of mini trial. In the method of mini trial a panel is created which
comprises of people from both the parties of the case. The case is presented in front of the
panel. The panel is a powerful party having the right to make a settlement agreement between
the two parties. The dispute can also be resolved by the method of arbitration and negotiation.
In the method of arbitration, both the parties present their cases in front of an individual or a
panel. The panel consists of professional from the fields. The parties involved in the case are
bound to agree and accept the decision made by the arbitrator (Terasaki, 2013). The
negotiation is one of the easy way to resolve the disputes as it involves one to one
conversation to resolve the case. The negotiation helps in resolving different types of case
and it is private.
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?

5CYBER CRIME
As a plaintiffs and after winning the case it is essential that there will be increase in
the number of defendants for the future. There will be different strategies which are legal that
can be offered to plaintiffs. There are different types of proceedings in the court. The lawsuit
is implemented when the defendants claims the plaintiffs to pay for their loss (Kolodner,
2014). There are certain important things which need to be taken care so that the case is
released completely. It is important to sign and make the settlement agreement. The
agreement helps in solving the case and helps in making the contract in the worst situation.
The settlement will help in releasing the claims and helps the resolving the case. Once the
scope is release it becomes easy to resolve and settle the case. All the payments need to be
stated clearly in the settlement agreement. There are certain cases in which the company is
excited about it deals and helps in entering another deal. All the requirements and the
contents of the settlement agreements needs to be confidential and all the essential points
must be included in the agreement (Menkel-Meadow, 2017). There are no authorities who are
allowed to enter the agreement or sign it on behalf of the organization. There need to be a
separate different document and the document must be a formal statement. There is no
settlement if both the party does not agree with the settlement. However, the main aim of the
different strategies is to stop the increase in the number of the defendants in the future case
(Posner, 2014). It is always better to prevent the risk from analysing and identifying the
different type of risk. In a case where different parties are involved it is necessary that both
the parties are satisfied with the settlement. The satisfaction will help both the parties to save
their value time and valuable money. All the content of the case and the judgement must be
clearly stated in the agreement. The clarity in the agreement will help the plaintiffs.

6CYBER CRIME
References
Allison, J. R., Lemley, M. A., & Schwartz, D. L. (2014). Understanding the realities of
modern patent litigation.
Ehret, M., & Wirtz, J. (2017). Unlocking value from machines: business models and the
industrial internet of things. Journal of Marketing Management, 33(1-2), 111-130.
Kolodner, J. (2014). Case-based reasoning. Morgan Kaufmann.
Kotabe, M., & Kothari, T. (2016). Emerging market multinational companies’ evolutionary
paths to building a competitive advantage from emerging markets to developed
countries. Journal of World Business, 51(5), 729-743.
Markides, C. C. (2013). Game-changing strategies: How to create new market space in
established industries by breaking the rules. John Wiley & Sons.
Menkel-Meadow, C. (2017). The many ways of mediation: The transformation of traditions,
ideologies, paradigms, and practices. Foundations of Dispute Resolution, 1.
Orlando, A. W., & Rosoff, A. J. (2018). Fast-forward to the frightening future: how the 21st
Century Cures Act accelerates technological innovation… at unknown risk to us
all. American journal of law & medicine, 44(2-3), 253-268.
Patel, P. C., Fernhaber, S. A., McDougall‐Covin, P. P., & van der Have, R. P. (2014). Beating
competitors to international markets: The value of geographically balanced networks
for innovation. Strategic Management Journal, 35(5), 691-711.
Posner, R. A. (2014). Economic analysis of law. Wolters kluwer law & business.
Rennie, F., & Morrison, T. (2013). E-learning and social networking handbook: Resources
for higher education. Routledge.

7CYBER CRIME
Terasaki, M. (2013). Do End User License Agreements Bind Normal People. W. St. UL
Rev., 41, 467.
Tidd, J., & Bessant, J. R. (2018). Managing innovation: integrating technological, market
and organizational change. John Wiley & Sons.