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A decade or so ago there was no such thing as computer law. This niche of the legal system has come into being out of necessity with the proliferation of the Internet and the issues that come along with the technology that makes worldwide communication and transactions possible.

Traditional law does not cover many of the issues that occur in the online realm. Therefore it is crucial that we have a particular branch of law that exists to deal with legal problems that may arise by the very nature of the Internet and are not able to be covered by local jurisdictions.

There may be disagreements over copyright or ownership of a domain or website which cannot be resolved due to the parties being in different states or even different countries. The problem that arises here is that there are complex problems in deciding what state or country's law and jurisdiction will have the authority to resolve the issue. In situations like this the area of law known as "Conflicts of Law" comes into play.

The increasingly complex area of computer law is exceedingly demanding in its educational requirements for attorneys who practice in this niche. The term "computer law" is kind of a misnomer since it is really the information on the computer such as software, personal info, and possible trade secrets that are the issue as well as the possibility of international disputes over domain names and copyright violations. For these reasons, those who practice computer law are usually the same attorneys who specialize in Intellectual Property Law, also known as IP Law, which covers trademarks, patents, copyrights, and trade secrets. The U.S. Patent Office requires attorneys practicing before it to hold a bachelor's degree in the areas of engineering or science at the very least.

Some traditional areas of law are evolving to include ever-changing computer laws. Early on it was declared that software would be classified as "goods", but the difference between normal goods and software "goods" is that one only owns the media that the software is stored on and a license to the use of the software which is now covered under the Uniform Commercial Code.

Those who hack into computer systems without authorization and use that computer's resources or steal information from it are guilty of pretty much the same thing as what traditional law would call burglary. However, since by definition burglary means entering an actual physical residence, specific laws were added to cover this offense.

One of the biggest problems with the Internet and one that grows even larger annually is that of copyright theft and piracy. Anyone with a computer and access to the Internet can easily steal the intellectual property of another. Additionally, the piracy of media such as movies and music is an enormous problem that is plaguing those industries today. It is a fact that the area of computer law will continue to expand and be used more in the future as the use of the Internet to commit crimes continues to grow.

Gregg Hall is an author living in Navarre Beach, Florida. Find more about this as well as computer law at http://www.focusonip.com

Q. What is a purchase and sales agreement?

A purchase and sales agreement is a contract to buy and sell real estate. The agreement should contain the terms and conditions of the deal (i.e. buyer, seller and property information, sales price, closing date, deposit information, mortgage contingencies, property inspection, etc.).

Q. Do I need a real estate attorney to review the purchase and sales agreement before I sign it?

Often a standard Realtor's purchase and sales agreement is used for the conveyance of residential properties in Rhode Island. These agreements are well written and balanced for all parties. Most purchase and sales agreement are packed with important dates, terms, and conditions, which require the attention of both parties. It is important to have a real estate attorney review the agreement prior to signing it.

Q. What steps must the buyer take prior to the real estate closing?

There are many issues that need to be addressed by both parties prior to the closing. The buyer must: apply for a mortgage; notify the seller if the buyer cannot obtain a mortgage; conduct the agreed upon inspections; notify the seller of any material deficiencies discovered by the inspections; choose an attorney for the closing; obtain insurance; contact the electric and gas company(s) contact other service providers (i.e. telephone, cable, etc.); and inspect the property prior to the closing.

Q. Does a buyer of real estate need a survey of the real estate?

The buyer of real estate in Rhode Island is not required to survey the property before the closing. However, our office always recommends that a buyer of real estate have the property surveyed and purchase the necessary title insurance endorsement to cover any errors with the survey.

Q. What information will my real estate attorney need to prepare for the closing?

The following information should be forwarded to the closing attorney by the buyer as soon as the purchase and sales agreement is signed: purchase and sales agreement; seller's disclosures; seller's and seller's attorney's information, buyer's and realtor(s) information including address and telephone numbers; and other relative information. The buyer should immediately provide the closing attorney's contact information to the lender.

Q. What will my closing attorney do before the real estate closing?

Your closing attorney will have to obtain a municipal lien certificate (MLC); conduct a title search; review the title search and recorded maps; draft a title commitment; obtain a title closing protection letter; prepare lender required information (i.e. wiring instructions, etc.); obtain the final water and sewer bills; prepare the HUD; prepare and review closing documents; review the loan documents; and other pre-closing tasks.

Q. What steps must the seller take prior to the real estate closing?

The seller of real estate is responsible to maintain insurance coverage until after the closing; maintain the home as described in the purchase and sales agreement; obtain a smoke detector certificate; provide the buyer with a water meter reading; allow the buyer access to the property for home inspections; provide proof of compliance with RIGL 44-30-71.3 either by a seller's residency affidavit (Rhode Island resident seller) or by a certificate of no taxes due (non Rhode Island resident seller) or the closing attorney must withhold 6% of the total sale amount at the time of the closing; prepare the deed to convey the real estate to the buyer; obtain and forward to the closing attorney an invoice from the seller's attorney; obtain and forward to the closing attorney a commission statement from any involved realtors; and other related tasks.

Q. What is a real estate closing? What will occur at the closing?

The real estate closing is a final gathering of all of the parties involved in the real estate transaction (i.e. the Buyer, Seller, and Lender). Attorneys for the parties will meet with the parties to sign and officially transfer title to the buyer. The closing attorney will facilitate the transfer of title and is responsible for recording the new deed. Rhode Island buyers of residential real estate have the right (in accordance with state law) to choose the closing or title attorney.

Q. What should the buyer do immediately prior to the closing?

Before arriving at the closing, the buyer should walk the property to assure that everything is in the agreed upon condition. The buyer should also have all the necessary paperwork and certified checks for the seller and for various closing costs.

Q. What does my real estate closing attorney do after the real estate closing?

There are a number of post closing issues including the following: updating of the title; recording of the deed, mortgage, and other related documents; payment of city taxes, water, sewer, tax stamps and recording fees; payoff of any existing mortgages; other payments (i.e. seller's attorney, realtor commissions, title insurance, etc.); disbursement of funds to the seller; and generating the title insurance.

The author of this article, Richard E. Palumbo, Jr. is a member of the Rhode Island, the Massachusetts, and Federal Bar. The Law Offices of Richard Palumbo is a highly focused firm concentrating on the following related areas of law: real estate law (including residential real estate closings); business law; and estate planning (wills, trusts and probate).

For information about our firm and the legal services that our firm provides, kindly visit our website at http://www.richardpalumbo.com or call our office at 401.490.0994