Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0012
A. Murray
This chapter analyses cases of copyright infringement in the online environment. It begins by analysing some early cases regarding file-sharing technologies, including A&M Records, Inc. v Napster, Inc., MGM Studios, Inc. v Grokster, Ltd, and Sweden v Neij et al. (the Pirate Bay case). It assesses new techniques for fighting illegal file-sharing, such as blocking access to websites offering file-sharing technology or indexes with a focus on the operation of s. 97A website blocking orders. It examines the recent Supreme Court decision in Cartier International v British Sky Broadcasting which will have substantial implications for costs in these orders. Finally, it describes the slightly controversial process known as speculative invoicing.
{"title":"12. Copyright infringement in the digital environment","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0012","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0012","url":null,"abstract":"This chapter analyses cases of copyright infringement in the online environment. It begins by analysing some early cases regarding file-sharing technologies, including A&M Records, Inc. v Napster, Inc., MGM Studios, Inc. v Grokster, Ltd, and Sweden v Neij et al. (the Pirate Bay case). It assesses new techniques for fighting illegal file-sharing, such as blocking access to websites offering file-sharing technology or indexes with a focus on the operation of s. 97A website blocking orders. It examines the recent Supreme Court decision in Cartier International v British Sky Broadcasting which will have substantial implications for costs in these orders. Finally, it describes the slightly controversial process known as speculative invoicing.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88845977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/he/9780198804727.003.0009
A. Murray
This chapter examines whether software should be protected by patent law or by the law of copyright, or through a sui generis form of protection. It first provides a historical background on software and copyright protection, before discussing the scope of software copyright protection and copyright infringement. The chapter then looks at several forms of copyright infringement such as offline, online, and employee piracy, and also explains the look and feel infringement by citing three cases: Navitaire v easyJet, Nova Productions v Mazooma Games, and SAS Institute v World Programming Ltd. In addition, it considers permissible acts under the UK’s Copyright, Designs and Patents Act 1988 without infringing the rights of the copyright holder, including software licences, end-user licence agreements (EULAs),. Finally, the chapter analyses cases relating to patent protection for computer software, including software patents under the European Patent Convention and the decision in Aerotel v Telco and Macrossan.
本章探讨软件是否应该受到专利法或版权法的保护，或者通过一种特殊的保护形式。首先介绍了软件和著作权保护的历史背景，然后讨论了软件著作权保护和著作权侵权的范围。然后，本章将着眼于几种形式的版权侵权，如离线、在线和员工盗版，并通过三个案例来解释外观和感觉侵权:Navitaire诉easyJet, Nova Productions诉Mazooma Games, SAS Institute诉World Programming Ltd。此外，它还考虑在不侵犯版权所有者权利的情况下，根据英国《1988年版权、设计和专利法》允许的行为，包括软件许可证、最终用户许可协议(eula)、最后，本章分析了与计算机软件专利保护有关的案例，包括欧洲专利公约下的软件专利和Aerotel v Telco和Macrossan案的判决。
{"title":"9. Software","authors":"A. Murray","doi":"10.1093/he/9780198804727.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198804727.003.0009","url":null,"abstract":"This chapter examines whether software should be protected by patent law or by the law of copyright, or through a sui generis form of protection. It first provides a historical background on software and copyright protection, before discussing the scope of software copyright protection and copyright infringement. The chapter then looks at several forms of copyright infringement such as offline, online, and employee piracy, and also explains the look and feel infringement by citing three cases: Navitaire v easyJet, Nova Productions v Mazooma Games, and SAS Institute v World Programming Ltd. In addition, it considers permissible acts under the UK’s Copyright, Designs and Patents Act 1988 without infringing the rights of the copyright holder, including software licences, end-user licence agreements (EULAs),. Finally, the chapter analyses cases relating to patent protection for computer software, including software patents under the European Patent Convention and the decision in Aerotel v Telco and Macrossan.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"109 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80578398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0020
A. Murray
This chapter, which examines pornography and obscenity on the internet, first provides an overview of the UK common law standard known as the Hicklin principle and the Obscene Publications Acts. It then discusses the UK standard and US statutory interventions on pornography, the impact of the case ACLU v Reno on the regulation of sexually explicit content on the internet, pseudo-images, and images depicting child abuse as the most extreme form of pornographic image, and the policing of pseudo-images in the UK and internationally. The chapter also considers the law on non-photographic pornographic images of children, along with private regulation of pornographic imagery and the new Age-verification code for adult websites.
{"title":"20. Obscenity in the information society","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0020","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0020","url":null,"abstract":"This chapter, which examines pornography and obscenity on the internet, first provides an overview of the UK common law standard known as the Hicklin principle and the Obscene Publications Acts. It then discusses the UK standard and US statutory interventions on pornography, the impact of the case ACLU v Reno on the regulation of sexually explicit content on the internet, pseudo-images, and images depicting child abuse as the most extreme form of pornographic image, and the policing of pseudo-images in the UK and internationally. The chapter also considers the law on non-photographic pornographic images of children, along with private regulation of pornographic imagery and the new Age-verification code for adult websites.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"83 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81071876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0008
A. Murray
This chapter examines intellectual property rights (IPRs) in relation to the information society. The discussion begins with an overview of IPRs involving copyright, patents, trademarks, and the database right, and then considers IPRs and the process of digitization within the framework of cyberlaw. It mentions the criticism received for overprotecting content or systems in the information society and discusses the idea of an over-reliance on models developed for a previous age and for different challenges in dealing with the information economy and society. It concludes by highlighting the tension between the information society and the intellectual property industry in terms of what each wants and expects: liberty, free use of content, and unfettered free expression for the former; and protection, control over use, and abuse and reward for the latter.
{"title":"8. Intellectual property rights and the information society","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0008","url":null,"abstract":"This chapter examines intellectual property rights (IPRs) in relation to the information society. The discussion begins with an overview of IPRs involving copyright, patents, trademarks, and the database right, and then considers IPRs and the process of digitization within the framework of cyberlaw. It mentions the criticism received for overprotecting content or systems in the information society and discusses the idea of an over-reliance on models developed for a previous age and for different challenges in dealing with the information economy and society. It concludes by highlighting the tension between the information society and the intellectual property industry in terms of what each wants and expects: liberty, free use of content, and unfettered free expression for the former; and protection, control over use, and abuse and reward for the latter.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"10 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81332439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/he/9780198804727.003.0001
A. Murray
The question ‘what can we control?’ underpins both the information society and the knowledge economy, and represents the maturity of information technology. Most importantly, it signals a transition from a world that saw economic value in terms of atoms to a world which values information in bits. This chapter examines this transition and the role of bits in the information society. It first provides an overview of bits and their place in the digitization process. The chapter then looks at the advent of digital music and other digital goods such as digital video and electronic books. It also considers the shift from rivalrous goods to nonrivalrous goods before concluding with a discussion of the legal challenge of the information society.
{"title":"1. The world of bits","authors":"A. Murray","doi":"10.1093/he/9780198804727.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198804727.003.0001","url":null,"abstract":"The question ‘what can we control?’ underpins both the information society and the knowledge economy, and represents the maturity of information technology. Most importantly, it signals a transition from a world that saw economic value in terms of atoms to a world which values information in bits. This chapter examines this transition and the role of bits in the information society. It first provides an overview of bits and their place in the digitization process. The chapter then looks at the advent of digital music and other digital goods such as digital video and electronic books. It also considers the shift from rivalrous goods to nonrivalrous goods before concluding with a discussion of the legal challenge of the information society.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"72 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87048027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0023
A. Murray
This chapter examines the rights of data subjects under GDPR and the role of the state in supervising data controllers. It examines data subject rights, including the subject access right and the right to correct and manage personal data. It deals with the development of the so-called Right to be Forgotten and the Mario Costeja González case. It examines the current supervisory regime, including the role of the Information Commissioner’s Office and the enforcement rights of data subjects. Key cases, including Durant v The Financial Services Authority, Edem v IC & Financial Services Authority, Dawson-Damer v Taylor Wessing, and Ittihadieh v 5–11 Cheyne Gardens are discussed, and the chapter concludes by examining the enhanced enforcement rights awarded to the Information Commissioner’s Office by the General Data Protection Regulation in 2018.
{"title":"23. Data protection: rights and obligations","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0023","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0023","url":null,"abstract":"This chapter examines the rights of data subjects under GDPR and the role of the state in supervising data controllers. It examines data subject rights, including the subject access right and the right to correct and manage personal data. It deals with the development of the so-called Right to be Forgotten and the Mario Costeja González case. It examines the current supervisory regime, including the role of the Information Commissioner’s Office and the enforcement rights of data subjects. Key cases, including Durant v The Financial Services Authority, Edem v IC & Financial Services Authority, Dawson-Damer v Taylor Wessing, and Ittihadieh v 5–11 Cheyne Gardens are discussed, and the chapter concludes by examining the enhanced enforcement rights awarded to the Information Commissioner’s Office by the General Data Protection Regulation in 2018.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"117 2","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72628865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0016
A. Murray
This chapter examines contracts in electronic commerce and their implications for the traditional contract law and the law relating to payment and payment methods. It first looks at the rules for the formation of informal electronic contracts and the regulation of offer and acceptance, focusing on Articles 9–11 of the European Union’s Electronic Commerce Directive. The chapter then considers the question of when acceptance is effectively communicated to the offeror, the terms of the contract, and their enforcement as well as evaluating formal contracts and discussing their formation and terms. A focus for this chapter is the evolving laws on electronic signatures, the role of qualified trust service providers and how electronic signatures are formalized. The chapter concludes with a discussion of the evolving area of smart contracts: their design, formation, and what the role of the law is in relation to these self-enforcing agreements.
{"title":"16. Electronic contracts","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0016","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0016","url":null,"abstract":"This chapter examines contracts in electronic commerce and their implications for the traditional contract law and the law relating to payment and payment methods. It first looks at the rules for the formation of informal electronic contracts and the regulation of offer and acceptance, focusing on Articles 9–11 of the European Union’s Electronic Commerce Directive. The chapter then considers the question of when acceptance is effectively communicated to the offeror, the terms of the contract, and their enforcement as well as evaluating formal contracts and discussing their formation and terms. A focus for this chapter is the evolving laws on electronic signatures, the role of qualified trust service providers and how electronic signatures are formalized. The chapter concludes with a discussion of the evolving area of smart contracts: their design, formation, and what the role of the law is in relation to these self-enforcing agreements.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"14 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88815259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0022
A. Murray
This chapter examines data protection, digitization of data, its implications for personal privacy, and the regulation of data industries. It begins by discussing the current law found in the General Data Protection Regulation and the Data Protection Act 2018. It examines the key concepts of data controllers, data processors, and data subjects, and discusses the conditions for the processing of personal data. This includes an examination of key cases such as Nowak v Data Protection Commissioner and Bodil Lindqvist. It looks at the geographical scope of the GDPR and the extraterritorial effect of the Regulation, and examines the domestic purposes exemption after Ryneš.
{"title":"22. Data protection: the legal framework","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0022","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0022","url":null,"abstract":"This chapter examines data protection, digitization of data, its implications for personal privacy, and the regulation of data industries. It begins by discussing the current law found in the General Data Protection Regulation and the Data Protection Act 2018. It examines the key concepts of data controllers, data processors, and data subjects, and discusses the conditions for the processing of personal data. This includes an examination of key cases such as Nowak v Data Protection Commissioner and Bodil Lindqvist. It looks at the geographical scope of the GDPR and the extraterritorial effect of the Regulation, and examines the domestic purposes exemption after Ryneš.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"107 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77007100","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0005
A. Murray
This chapter examines cyber-speech and its implications for free expression. It first provides an overview of the technologies involved, from simple systems such as web pages and internet forums to social media platforms (SMPs) such as blogs, social media platforms, and media-sharing sites. The chapter then highlights the social implications of the shift in power from centralized media organizations to decentralized ‘citizen journalism’. It also considers the responsibilities that citizens owe to each other in this environment and how regulators may balance freedom of expression with social responsibility. To determine whose values predominate when regulating a global media tool which does not recognize traditional borders, the chapter presents three particular case studies: political speech, hate speech, and commercial speech.
{"title":"5. Cyber-speech","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0005","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0005","url":null,"abstract":"This chapter examines cyber-speech and its implications for free expression. It first provides an overview of the technologies involved, from simple systems such as web pages and internet forums to social media platforms (SMPs) such as blogs, social media platforms, and media-sharing sites. The chapter then highlights the social implications of the shift in power from centralized media organizations to decentralized ‘citizen journalism’. It also considers the responsibilities that citizens owe to each other in this environment and how regulators may balance freedom of expression with social responsibility. To determine whose values predominate when regulating a global media tool which does not recognize traditional borders, the chapter presents three particular case studies: political speech, hate speech, and commercial speech.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"5 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80999381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-15DOI: 10.1093/HE/9780198804727.003.0003
A. Murray
This chapter examines the nature of network neutrality or net neutrality. This is a highly prized design feature of the network that all data packets shall be treated equally. It was the nature of the early network that this design feature was protected and established by visionaries such as Vint Cerf and Bob Kahn. Tim Berners-Lee the creator of the World Wide Web has written at length as to how net neutrality allowed him to create the web without asking permission from anyone. However, modern network design challenges this ‘first amendment of the internet’ and recent developments, in particular in the United States, have led to debate on whether net neutrality should be legally enshrined.
{"title":"3. Net neutrality","authors":"A. Murray","doi":"10.1093/HE/9780198804727.003.0003","DOIUrl":"https://doi.org/10.1093/HE/9780198804727.003.0003","url":null,"abstract":"This chapter examines the nature of network neutrality or net neutrality. This is a highly prized design feature of the network that all data packets shall be treated equally. It was the nature of the early network that this design feature was protected and established by visionaries such as Vint Cerf and Bob Kahn. Tim Berners-Lee the creator of the World Wide Web has written at length as to how net neutrality allowed him to create the web without asking permission from anyone. However, modern network design challenges this ‘first amendment of the internet’ and recent developments, in particular in the United States, have led to debate on whether net neutrality should be legally enshrined.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"24 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2019-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81880148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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