ESLJ Volume 1 Number 3 Reviews
Introduction to Computer Law,
by David Bainbridge.
4th edn., Harlow: Longman Publishing, 1999.
Pp.500, £28.99 (pb),
ISBN 0 5824 2334 1.
Reviewed by:
GAVIN SUTTER
Research Fellow,
Information Technology Law Unit, Centre for Commercial Law Studies,
Queen Mary, University of London
Since the 1980s, when the concept of computer law first began to be treated as a serious subject for academic study, IT law has developed into a well established field, and a legion of textbooks - including several introductory works such as this - are now in print. Many of these titles have developed into academic tomes deserving of some respect; any work in this subject area faces some stiff competition. It is in this context which David Bainbridge's book, now in its fourth edition, falls to be judged.
The scope of the book reflects well most of the major issues in relation to computer hardware and software. The whole is divided into four key parts, each of those being subdivided into several shorter chapters. The first of these parts, on intellectual property, covers the law in relation to copyright, patent, trademark and passing off issues. All of these are well developed, with each of the main points being considered from the perspective of the IT industry. The chapters on copyright, for instance, cover not only the basics of copyright in software, but also electronic databases, computer generated works and electronic publishing and associated issues. The writing style is easy to follow and (one should imagine) leaves the reader new to the area with a very clear picture of the key legal doctrines and the issues these raise with respect to information technology. The second part deals with computer contracts, and again the key areas, such as liability for defective software and hardware and licensing agreements are all dealt with well. There is even a short chapter on electronic contracting which deals with e-commerce to a limited extent. The book might benefit from the expansion of this chapter in subsequent editions as this field develops further. The only missing piece of the puzzle here is a chapter on outsourcing, now an important consideration in relation to IT services in the commercial world. Again, perhaps this may be introduced in a future edition. The remaining sections of the book, which deal with computer crime and data protection, are similarly well rounded, covering all the major issues that need be considered at introductory level.
Overall this is a very comprehensive work in terms of its coverage. In addition to the development of the chapter relating to e-commerce and the addition of a chapter on outsourcing arrangements, the book would also be well served by some consideration of ISP/third party intermediary liability for online content as well as the impact upon the IT industry of EU competition law. Both areas are of increasing significance in the field of computer law and merit at least some consideration. It is also recognised, however, that this may involve some significant reconstruction of the whole, as neither would sit easily within any of the four sections into which the book is presently divided. As it sits, however, this fourth edition is a fine book, each section being well thought out and well explained. Particularly beneficial for those new to the area are the introductory chapters explaining the fundamentals of law in each area covered, and the concluding chapters to each section, reiterating the key points.
It should be noted that this is not a book for everyone; anyone looking for a postgraduate level textbook, or a starting point for some serious research into the area (for example, a final year dissertation), would be better served looking elsewhere, such as in Reed and Angel, Computer Law (4th edn., London: Blackstones, 2000) or Lloyd, Information Technology Law (3rd edn., London: Butterworths, 2000). However, this is not intended as a work for in-depth study by those with a legal background. In his preface to this edition, Bainbridge notes that the intended audience are students of computer science, management and business, who require a working knowledge of basic legal principles rather than an expertise in this (or any other related) area of law. Nor would one hesitate to recommend it to those looking for a simple introduction to the subject, for inexperienced undergraduates grappling with many of the concepts for the first time. It may also serve as a useful, light introduction to a number of the issues for prospective postgraduate students embarking upon LLM study in this area with no prior experience of IT law, in particular the ever-dwindling proportion of the postgraduate student body who come to masters level study in IT law without any prior knowledge of intellectual property.
In conclusion, David Bainbridge has produced a well written, engaging textbook which has much to recommend it, both to its intended target audience as well as to those from a legal background looking for an easy introduction to the field.
This is a book review published online on March 6th 2005.
Citation: Sutter, Gavin, 'Introduction to Computer Law, by David Bainbridge.', Entertainment and Sports Law Journal (ESLJ) Volume 1, Number 3 <http://www.warwick.ac.uk/go/eslj/volume1/number3/reviews/sutter/>
