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Journal of International Commercial Law and Technology
  This is an Open Access Journal Open Access journal
     ISSN (Print) 1901-8401
     Published by International Association of IT Lawyers Homepage  [1 journal]
  • Book Review: Information Technology and Intellectual Property Law

    • Authors: Katja Weckström
      Abstract: Book Title: Information Technology and Intellectual Property LawSixth EditionEditor: David BainbridgeYear of Publication: January,2014Price: £ 130.00ISBN: 978 1 84766 712 0Format: PaperbackAvailability: In print
      ISBN: 978 1 78043 124 6
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
  • The Philosophy behind Fair Use: Another Step towards Utilitarianism

    • Authors: Giovanni Tamburrin, Sergey Butakov
      Abstract: iParadigms, a company involved in plagiarism detection, was hold not liable for the unauthorized use and archival of students’ papers. Both the District and Appellate Courts of Virginia, in fact, maintained that the exception of fair use applied to the copyright infringement action.   As the relevant facts represent a novelty in case law, it might plausible the hypothesis that iParadigms precedent is not going to be followed in forthcoming cases. This investigation is an attempt to appreciate the possibilities that such an event could happen. In particular, the attention is focused on the special nature of the Copyright Act which is simultaneously backed by opposite theoretical backgrounds such as utilitarianism and moral desert as well as personhood theories, among others. The prevailing of one theory over another shall depend on how liberally or strictly the fair use doctrine shall be interpreted.   Despite findings demonstrate judges have applied the fair use doctrine according to the correct conceptions of justice, the discussion ends up recommending a new system of plagiarism detection that drastically reduces the likelihood of copyright infringement actions.
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
  • “Legal Boundaries of Online Advertising"

    • Authors: Gönenç Gürkaynak, İlay Yılmaz, Burak Yeşilaltay
      Abstract: This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there are general evaluations on the legal aspect of online advertising and certain suggestions on the development of a legal framework on online advertising.
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
  • Digital Forensic Readiness: Are We There Yet?

    • Authors: Antonis Mouhtaropoulos, Chang-Tsun Li, Marthie Grobler
      Abstract: Digital Forensic Readiness is defined as the pre-incident plan that deals with an organization’s ability to maximize digital evidence usage and anticipate litigation. The inadequacy of technical research and legislations and the ever-increasing need for evidence preservation mechanisms has brought the need for a common forensic readiness standard. This article reviews a number of key initiatives in order to point out the directions for future policy making governments and organizations and conducts an investigation of the limitations of those initiatives to reveal the gaps needed to be bridged.
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
  • Privacy Right, the Family and Entertainment

    • Authors: Alejandro Laje
      Abstract: Argentine and American courts have a similar understanding of privacy and Privacy Right. However, the theoretical frameworks and actual rulings in both countries differ in their perspectives and foundations. We provide here a comparative mapping of key conceptual elements of Privacy Right as addressed by the courts of both legal traditions, focusing on family issues. What makes the legal protection of privacy inappropriate, as argued here, is the conceptual framework of Privacy Right. When exploring the causes of this inadequacy, it is found that a largely unconscious process --whereby privacy is frequently associated with other concepts, feelings and actions, such as integrity, autonomy, identity and data protection--, turns Privacy Right into a conflicted right. Notwithstanding, privacy is considered to be the backbone of Western societies and, in many ways, the actual democratic standing of a nation depends upon the way it is protected. The conflicting status of privacy is particularly clear in the field of Family Law, where a strict conceptualization of privacy is required in order to assure compatibility between the proper functions of the family members and State regulations.While civil tradition seeks the norms that will best address the protection of privacy, common-law tradition struggles to find cases that will provide the background for its adequate protection. Based on civil and constitutional law analysis, we are contending here that privacy can be clearly and properly addressed by establishing a legal standard that will consider illegal to use a person’s privacy as entertainment without consent. It is also argued here that a clear conceptualization of Privacy Right will allow for the establishment of legitimate limits in State regulation of the family. The worth of considering privacy as opposed to an object of curiosity, contempt and entertainment is that a clear conceptualization can be drawn allowing an unconditioned protection of privacy, stripped of all other philosophical, political and even social considerations.
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
  • Construction of Digital Commons and Exploration of Public Domain

    • Authors: (Jerry) Jie Hua
      Abstract: The expansion of the rights of copyright owners caused by digital network technology greatly reduces the capabilities of users to obtain access and exploitation of the copyrighted information and works. Some commentators vigorously question and attack traditional systems, asserting that copyright law has never been of net benefit to society but rather served to enrich a few at the expense of creativity. Facing the widespread anti-copyright arguments and tendencies, scholars and critics therefore endeavor on searching for solutions that could restore the balance of interest between copyright owners and public users both within and outside traditional copyright regimes. Based on concepts of open licensing, scholars began to import alternative schemes under which authors reserve only part of their exclusive rights and license public users to exploit their copyrighted works upon satisfying the licensing conditions.This article will analyze the emergence of digital commons based on voluntary licensing scheme and its influence on restoring the continually shrinking public domain. It will firstly introduce anti-copyright tendencies and the emergence of open access projects which comprise digital commons. This article will then examine a well-known example of digital commons, namely, the Creative Commons, which provides authors the opportunity to release their works under a series of licenses. This article will finally analyze the influence of digital commons which are represented by projects, such as the Creative Commons, to the public domain.
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
  • A common law position for a choice of law in internet defamation –
           the case for Hong Kong

    • Authors: Poomintr SOOKSRIPAISARNKIT
      Abstract: With ever increasing access and use of internet worldwide, torts committed via internet are seen more often while legal positions in common law fail to keep pace with such developments. This can be seen especially in Hong Kong where conflict of law rules are still based on traditional common law authorities. In the event of internet defamation, the courts in Hong Kong necessarily apply the ‘double actionability’ rules such that there would only be a cause of action if such an alleged tort is actionable under both the law of the form (lex fori) and the law of the place where such wrong was committed (lex loci delicti). But, for internet defamation, how can the lex loci delicti be determined? This paper seeks to analyse this problem and proposes a suitable approach in determining the lex loci delicti in the event of internet defamation
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
  • Privacy Risk Area Assessment Tool for Audio Monitoring – from legal
           complexity to practical applications

    • Authors: Sébastien Ziegler, Kémo Sonko
      Abstract: The Privacy Risk Area Assessment Tool (PRAAT) for audio monitoring has been developed in the frame of EAR-IT, a European research project exploring the potential of audio monitoring for smart buildings and smart cities. The project addresses several privacy related issues in different countries and contexts, including outdoor and indoor audio monitoring. By involving real end-users in different legal environments, the project has to be very careful in respecting the privacy rights and has to make sure that its experiments are compliant with the a complex web of international, European and national obligations. Based on a detailed legal analysis, the authors have elaborated a Privacy Risk Area Assessment Tool (PRAAT) for audio monitoring. It has been designed to be user-friendly for users with limited legal background, such as researchers, public administrations and other interested stake holders in evaluating the level of legal risk bound to any project of audio monitoring deployment.
      PubDate: 2014-06-30
      Issue No: Vol. 9, No. 3 (2014)
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