Customary Law Of The Internet
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Customary Law Of The Internet
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Author : Paul P. Polanski
language : en
Publisher: T.M.C. Asser Press
Release Date : 2007
Customary Law Of The Internet written by Paul P. Polanski and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Customary Law of the Internet is the first book that deals comprehensively with the emergence of a new kind of law on the Internet that could be utilized by governments and private arbitrators to settle disputes and make better laws. This new kind of law is what once used to be the only source of legal rights and obligations: customary law. The author first addresses issues posed by the emergence of the Internet and analyses relevant international treaties, in particular the Convention on the Use of Electronic Communications in International Contracting. He then comes to the emerging customary norms developed by the Internet community, the importance of custom from an historical perspective and the nature of international custom. The concept of Internet custom is introduced, followed by a detailed methodology for evidencing customary norms in judicial proceedings. The last part of the book is devoted to the novel concept of autonomous Internet law, based on customary norms of the Internet community, arbitral and judicial awards, general principles of law, conventions, model laws, commonly used contract terms and technical standards. Several Internet customs are discussed in the area of intellectual property, electronic contracting, online advertising and transaction security. This book is addressed both to national and international governments, judges and arbitrators as well as to online traders, researchers and the Internet community as a whole. It is an important tool for academics and practitioners interested and active in cyberspace regulation and the Information Technology community. Dr Paul Przemyslaw Polanski (BBus, magister prawa) is presently a senior researcher at the Department of European Law, Faculty of Law, University of Warsaw, and Department of Information Systems, Leon Kozminski Academy of Entrepreneurship and Management (LKAEM), Warsaw. Previously, he worked as a computer programmer in the Australian IT industry and as a researcher at the University of Melbourne and Monash University. He also worked for legal offices in Poland, specializing in information technology law, contracts, property and EU law. Currently, he administers the e-learning platform www.elaw.pl. This is Volume 13 in the Information Technology and Law (IT&Law) Series
Customary Law Of The Internet
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Author : Paul P. Polanski
language : en
Publisher: T.M.C. Asser Press
Release Date : 2011-08-27
Customary Law Of The Internet written by Paul P. Polanski and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-27 with Law categories.
Internet Law and Custom discusses international regulation of the Internet from two perspectives: international conventions and customary law. The first part of the book discusses issues posed by the emergence of the Internet and analyses relevant international treaties. In particular, the first assessment of the new Convention on electronic contracts is discussed. The second part of the book deals with the emerging customary norms developed by the Internet community. Firstly, the importance of custom from historical perspective is discussed, followed by the analysis of the concept of international custom. Then the concept of Internet custom is presented, followed by a detailed methodology for evidencing customary norms in judicial proceedings. In the last part of the book, a number of Internet customs is presented. The last chapter discusses the novel concept of autonomous Internet law, based on customary norms of the Internet community, arbitral and judicial awards, general principles, and more.
Internet And Online Law
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Author : Kent D. Stuckey
language : en
Publisher: Law Journal Press
Release Date : 2023-11-28
Internet And Online Law written by Kent D. Stuckey and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-28 with Computers categories.
This authoritative work describes the nature and growth of the law of the Internet and explains the legal obligations, opportunities, rights, and risks inherent in this complex medium.
Software And Internet Law
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Author : Mark A. Lemley
language : en
Publisher: Aspen Publishers
Release Date : 2000
Software And Internet Law written by Mark A. Lemley and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Business & Economics categories.
This unique area of the law calls for a comprehensive, in-depth casebook that can meet the challenge and this is it! to keep up with the constantly changing world of Internet Law, The authors of SOFTWARE AND INTERNET LAW have designed the Internet materials to serve as the nucleus of an Internet Law class. Along with the authors' companion website, this casebook offers complete coverage of all aspects of computer law including hardware, software, The Internet, and E-commerce. What makes this casebook such a necessity for your Software or Internet Law course? Offers a traditional casebook with a cases-and-notes pedagogy, paired with a website that features important and cutting-edge cases and articles Presents an invaluable combination of original text, significant cases, challenging problems, and exemplary questions mixed with the authors' insight based on their cumulative scholarship and classroom experience Illuminates the many roles of lawyers servicing the software industry and Internet such as: Drafting or negotiating agreements For The custom development of software Knowing how to protect a firm's overall intellectual capital in software Reviewing a website to ensure that no illegal content is posted there Litigating claims and settling disputes between their clients and other firms Integrates legal concepts from a variety of fields such as contract law, intellectual property, and antitrust law to promote dynamic thinking and problem solving in this fast-paced field Raises questions about the adequacy of existing laws for adapting To The challenges posed by computer software And The Internet Discusses innovative licensing agreements such as 'shrink-wrap licenses' for distributing mass-market information products Considers economic issues in computer law, especially those derived from 'network effects' in which the function of software or hardware depends upon pre-existing and patented software Allows professors to supplement the existing material with their own material or content from the authors' website to explore a topic in greater depth SOFTWARE AND INTERNET LAW features such hot topics as: Free speech Jurisdiction Electronic commerce Domain names Spam Security Internet regulation
Private International Law And The Internet
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Author : Dan Jerker B. Svantesson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-03-22
Private International Law And The Internet written by Dan Jerker B. Svantesson and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-22 with Law categories.
In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.
Traditional Knowledge Traditional Cultural Expressions And Intellectual Property Law In The Asia Pacific Region
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Author : Christoph Antons
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Traditional Knowledge Traditional Cultural Expressions And Intellectual Property Law In The Asia Pacific Region written by Christoph Antons and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.
Formation Of Electronic Contracts Under Traditional Common Law Principles
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Author : Timo Siemer
language : en
Publisher: GRIN Verlag
Release Date : 2011-08
Formation Of Electronic Contracts Under Traditional Common Law Principles written by Timo Siemer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08 with Law categories.
Master's Thesis from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72 % - Distinction, Bournemouth University (Law Academic Department), language: English, abstract: Approximately eight years ago, an electronic invention called the Internet has initiated a phenomenon of exuberant fascination and economic upturn of individuals and businesses at the same time. The steady increasing amount of online users presents a beneficial medium through which commercial entities can advertise and sell their commodities without mentionable delay. Potential consumers have borderless access to products at competitive prices independent of regional distances. Consequently, it is simply to ask the question "How do people contract over the Internet and are the familiar Common Law principles applicable?" This question is in particular in such an extent controversial and important to resolve, since there is no English court which has dealt with this subject so far. As the traditional contract law has been developed and modified due to new and unfamiliar communication means over centuries, it may be that the existing principles are hardly applicable and insufficient to determine the formation of an electronic contract. Though, it is also imaginable that courts may easily alter the contract law rules to an appropriate extent as they already did with other communication methods. This dissertation is concerned with the demanding topic of formation of contracts in the area of electronic commerce. It tackles legal issues in an environment of various forms of commercial and non-commercial activities using electronic means. As the fields of electronic commerce and practicing business online are constantly increasing all over the globe, legal issues of complex content are steadily challenging traditional law principles, courts, lawyers and legal scholars to develop governing laws and adequate solutions. The dissertation faces and investigates how existi
Self Regulation And The Internet
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Author : Monroe Edwin Price
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Self Regulation And The Internet written by Monroe Edwin Price and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
Every day, societal demand grows for some form of control or supervision over something that appears inherently beyond governance: the Internet. The gulf between community aspiration and the perceived limits on government capacity forces each entity, industry, and regulator to conduct a thorough and painstaking search for an appropriate solution. The resolution to this dilemma requires the innovation of regulatory design for the Internet. Without flexibility and responsiveness, traditional law and regulation cannot adequately address the transnational, intangible, and ever changing Internet space. Attempts at Internet regulation generally have moved away from direct legal control and toward more flexible variations of what can be termed ?self-regulation.? This ground-breaking book by two leading authorities in this new field of law concerns the mushrooming growth of institutions and systems of self-regulation on the Internet. Internet self-regulation involves many issues, including e-commerce, technical protocols, and domain names management, but most public concern and debate has been over illegal and harmful content on the Internet. Self-Regulation and the Internet examines how self-regulatory entities for content relate to other quasi-legal and state institutions, what powers are accorded to or seized by self-regulatory institutions, and how the use of self-regulation can contribute to the more effective and more efficient realization of both economic and societal goals. This book offers: a general and theoretical examination of self-regulation, focusing on codes of conduct; approaches to the methodology and process for adopting such codes; descriptions and evaluations of technical devices as self-regulatory tools; and an analysis of Internet self-regulation in a converged and digital environment. The analysis encompasses a wide spectrum, from technical matters of filters and transmission streams to such important legal issues as the possible meanings of such terms as ?illegal and harmful.? Crucial topics include ISP service agreements, anti-spam measures, regulation of hate speech, digital television, defining a common language for metainformation, and a great deal more. The geographic scope is global, with numerous detailed references to developments in Europe, North America, Asia, and Australia. The breadth and depth of this analysis, and the vast quantity of information that underpins it, give this book an authoritative preeminence not to be found elsewhere. In the coming years, as the material it examines continues to grow and change in ever more dramatic ways, it will be turned to again and again for its invaluable insights and recommendations.
Law Of The Internet
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Author : George B. Delta
language : en
Publisher: Aspen Publishers
Release Date : 2009
Law Of The Internet written by George B. Delta and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This up-to-date legal resource covers electronic commerce and online contracts, privacy and network security, intellectual property and online content management, secure electronic transactions, cryptography, and digital signatures, protecting intellectual property online through link licenses, frame control and other methods, online financial services and securities transactions, antitrust and other liability. By George B. Delta and Jeffrey H. Matsuura. The Law of the Internet, Third Edition quickly and easily gives you everything you need to provide expert counsel on: Privacy laws and the Internet Ensuring secure electronic transactions, cryptography, and digital signatures Protecting intellectual property online - patents, trademarks, and copyright Electronic commerce and contracting Online financial services and electronic payments Antitrust issues, including pricing, bundling and tying Internal network security Taxation of electronic commerce Jurisdiction in Cyberspace Defamation and the Internet Obscene and indecent materials on the Internet Regulation of Internet access and interoperability The authors -- two Internet legal experts who advise America's top high-tech companies -- demonstrate exactly how courts, legislators and treaties expand traditional law into the new context of the Internet and its commercial applications, with all the citations you'll need. The Law of the Internet also brings you up to date on all of the recent legal, commercial, and technical issues surrounding the Internet and provides you with the knowledge to thrive in the digital marketplace. Special features of this two-volume resource include timesaving checklists and references to online resources.
Digital Media Law
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Author : Ashley Packard
language : en
Publisher: John Wiley & Sons
Release Date : 2010-05-25
Digital Media Law written by Ashley Packard and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-25 with Computers categories.
Front Matter -- Introduction to the Legal System -- Freedom of Expression -- Telecommunications Regulation -- Internet Regulation -- Conflict of Laws -- Information Access and Protection -- Intellectual Property: Copyright -- Intellectual Property: Patents, Trademarks, and Trade Secrets -- Defamation -- Invasion of Privacy -- Sex and Violence -- Commercial Speech and Antitrust Law -- Table of Cases -- Glossary -- Notes -- Index