Can Anybody Own the Internet? : Microsoft, Open-Source and the Debate About Intellectual Property

The Internet has become one of the most important mediums of communication and information in modem society. For many, the rapid adoption of these technologies into mainstream society has been combined with a reliance on commercial software, most notably the Microsoft Corporation\u27s Windows operating system. Question arise out of the commercial dominance in a realm that until recently was characterised by the collective sharing of information and ideas. Although there is a lack of established sociological literature in this field, established literature on ownership, global capital, political economy and social exclusion have been identified and drawn upon to fill this gap in research. The research process highlights both traditional theoretical concepts, mainly drawn from the work of Marx, and their implications in terms of the Internet, computers and other related topics

CONTRACTUAL GOVERNANCE OF ONLINE COMMUNITIES – (PROPERTY) RIGHTS DISPUTES IN VIRTUAL WORLDS

Considering law’s difficult ride on the coattails of societal and technological progress, this thesis discusses property rights disputes in virtual worlds, the origin and foundation of (property) rights in characters, objects and items (virtual assets), and the possibility of contractual governance. Investing considerable time, effort and money to create, develop and accumulate virtual assets to gain prestige or competitive advantage, or simply to have more fun playing, users often build strong emotional connections to their characters and place a high value on accumulated operator, third user and user-generated content. But the user’s experience of virtual assets as property, contrasts starkly with most in-world property models where first property rights belong to the operator, subsequent rights are delineated by contract, and emerging property rights are transferred to the operator or waived by the user. Noting the ‘technologically inaccurate portrayal of software’ in legislation, jurisprudence and legal debate, that ignores its ‘physical properties of mass and volume’, and the influence of client/server system architecture on the allocation of personal property rights, this thesis shows that physical and intellectual rights cannot resolve the newly emerging property rights disputes in virtual worlds. Instead of making another helpless attempt to justify a new virtual property right that still cannot overcome an enforceable transfer/waiver of (future) (property) rights clause in the contract, this author questions common concepts of property and proposes a new quasi-property right. Originated in the contractual obligation of the operator to grant the user a right to use, to exclude other users from and to transfer virtual assets, the rules of conduct included in the multiple-separate user contract complete its quasi-absolute effect. This quasi-property right does not only complement the quasi-tort, quasi-criminal and quasi-constitutional system already established by the (virtual social) contract but supports the identification of the contract (terms) as new default legal rules for VWs and similar online communities

Contratos no instantáneos vía electrónica, perfeccionamiento contractual : (acuse de recibo vs. verificación de llegada)

Fil: Libischoff, Cintia Tamara. Universidad de Buenos Aires. Facultad de Derecho. Buenos Aires, ArgentinaPonencia presentada en el ámbito de la Comisión de Estudiantes en las Jornadas Nacionales de Derecho Civil XVIII, 20 al 22 de septiembre de 2001 en UCSES

Providing Sharia-Compliant Consumer Protection in Online Contracts: A Case Study of Saudi Arabia

The emergence of modern technology and online selling in the early 1990s led to a significant shift in business practices, as sellers and buyers no longer needed to follow the traditional contracting process. Indeed, the facilitation of online contracts, sales and purchases over the Internet, such as business-to-consumer contracts (B2C), is one of the most significant technological developments of the Internet age. Despite the benefits of online shopping and its increasing popularity among consumers in recent years, online retailing is not without its problems, and the negative consequences can be severe. Consumers are affected by several factors when they purchase a product or service online. In short, compared to offline shopping, greater risk and less trust are expected in an online environment. This has led some global organisations to address the need for supranational consumer protection and alleviate risks to online consumers worldwide. However, such initiatives may not have the desired impact on developing countries, as long as these guidelines are not adopted in their national legislation. The first objective of this study is to investigate the laws regulating online consumer protection in the KSA and to assess whether they have achieved their purposes. A secondary objective is to determine whether or not there is the need for further reform in the legislation of online consumer protection, and if such reform is indicated, how it might be achieved in a way that reflects the needs of a state in the modern world, yet remains consistent with Islamic law. To that aim, the thesis will consider adopting Sharia law's features and take the English consumer protection model as an inspiration to suit the Saudi legal environment to regulate online transactions. Therefore, the best practices and legal principles that come to light from this analysis will then be outlined to fulfil this research's main aim, identifying opportunities for the improvement of consumer protection in Saudi Arabia

Open Source Law, Policy and Practice

This book examines various policies, including the legal and commercial aspects of the Open Source phenomenon. Here, ‘Open Source’ is adopted as convenient shorthand for a collection of diverse users and communities, whose differences can be as great as their similarities. The common thread is their reliance on, and use of, law and legal mechanisms to govern the source code they write, use, and distribute. The central fact of open source is that maintaining control over source code relies on the existence and efficacy of intellectual property (‘IP’) laws, particularly copyright law. Copyright law is the primary statutory tool that achieves the end of openness, although implemented through private law arrangements at varying points within the software supply chain. This dependent relationship is itself a cause of concern for some philosophically in favour of ‘open’, with some predicting (or hoping) that the free software movement will bring about the end of copyright as a means for protecting software

Open Source Law, Policy and Practice

This book examines various policies, including the legal and commercial aspects of the Open Source phenomenon. Here, ‘Open Source’ is adopted as convenient shorthand for a collection of diverse users and communities, whose differences can be as great as their similarities. The common thread is their reliance on, and use of, law and legal mechanisms to govern the source code they write, use, and distribute. The central fact of open source is that maintaining control over source code relies on the existence and efficacy of intellectual property (‘IP’) laws, particularly copyright law. Copyright law is the primary statutory tool that achieves the end of openness, although implemented through private law arrangements at varying points within the software supply chain. This dependent relationship is itself a cause of concern for some philosophically in favour of ‘open’, with some predicting (or hoping) that the free software movement will bring about the end of copyright as a means for protecting software

The transformation of British fisheries policy, 1967-83

It is the contention of this study that the nature of fisheries imposes specific biological and economic imperatives on any system of fisheries management, and that unless these imperatives are heeded in formulating such a system fisheries will decline and fishing industries collapse. Throughout the period under review the rationale behind UK policy on limits lay outside the fisheries sector, and a structurally-imposed subordination to policy considerations external to fisheries resulted in somewhat inappropriate arrangements in fisheries management. The principal determinant of the UK position on limits policy was the preoccupation at the Foreign and Commonwealth Office with the view that extensions of coastal state, jurisdiction threatened navigational rights. This inappropriateness resulted from the weakness of the fisheries constituency, both absolutely and relative to other lobbies with conflicting interests and needs. In addition, on many issues, opinion within the fishing industry was divided, and the signals conveyed to government were conflicting or misleading. Moreover, political debate on fisheries questions was inappropriate and ill-informed. Positions adopted, whether by political parties or individual MPs, were largely defined by considerations external to fisheries: these were generally either related to maintenance of employment, or were the direct consequences of MPs' attitudes to NATO or to the European Economic Community (EEC). The inappropriateness of the fisheries regime led to the decline and collapse of many fish stocks and to recurrent economic crises within the fishing industries of many states. These fisheries crises combined with other factors to make the seaward extension of their jurisdiction appear more attractive to many governments. This process took place in the United Kingdom also, since during the period the nature of UK government interests in relation to marine policy changed: the merchant navy declined, marine pollution aroused public concern and the offshore oil-fields were developed. The Royal Navy retreated to a regional posture, and so freedoms of navigation declined in importance. The actions of OPEC and OAPEC over oil supplies raised the importance to the government of maximising the extent of the continental shelf under UK control. In addition, major changes took place in the nature of the fisheries constituency. It rose from operating at a low level, and fairly ineffectively to operating at a high level and effectively. There are two main reasons for this. The first is that the fishing industry was able to gain a unity of purpose on fisheries limits (though on little else) because its principal actor, the "deep sea" fleet, declined in importance, and its remnant was forced to seek fishing grounds nearer home. Fluctuations in the market for fish and a quadrupling of oil prices led to severe financial losses, and in addition the "deep sea" fleet's habitual grounds disappeared as other states extended their fisheries jurisdiction to include them. A second and much more telling reason for the rise in the industry's effectiveness, was that two high policy issues arose on which the interests of the fishing industry accorded neatly with that of two powerful political coalitions: those who wished at all costs to prevent the SNP's capturing more than half of the Scottish parliamentary seats, and those who opposed either the principle of or the arrangements for UK membership of the EEC. Whitehall's initial reaction to such changes was to make adjustments within the framework of existing high policy, and where possible with a minimum of institutional innovation, with the result that new fisheries policies, although more appropriate to the specific imperatives of fisheries than were the old policies, were maintained and contained within administrative arrangements which had been formulated for reasons other than fisheries. Several years of instability and decline resulted, until finally at the beginning of 1983 the rudiments of a new equilibrium were established, one which attempted at least to take cognizance of fisheries biology and economics

Report on the legislation governing the sale of goods and supply of services

The Sales Law Review Group (of which F.White was a member) was established in 2008 by the then Minister for Enterprise, Trade and Employment to advise on reform of the law of sale of goods and related matters. The Group's final Report was published in October 2011 (Prn. A11/1576)

From contractual serfdom to human rights liberation : doing justice to virtual lives

Analysis of relationships between states and citizens has almost monopolised the Human Rights legal discourse. In my thesis, I start from the position that Human Rights is a philosophical and historical victory of humankind, whose application cannot be limited to dictating norms in traditional forms of governance; Human Rights primarily define the human being as an individual, as a group, as a societal entity. Therefore, when we discuss Human Rights we do not pursue what governing states 'ought' or 'ought not' to do, but how human beings 'should' endure their lives in a dignified manner; how they should be treated independently of who their acting opponent might be. The Internet, on the other hand, has evolved through the years into an uncharted virtual structure of uncounted online operations and services run by private commercial actors. Within this setting, where the online application platform performs as a land parallel and the private commercial host as the de facto ruler, online identity is mirrored into service accounts. Hence the human being‘s digital existence seems to be depending, to a large degree, on the private initiative – and will. Whilst exploring various relevant themes, the thesis revisits the issue of the application of Human Rights in private relationships through the lenses of online electronic communications and using the example of commercial online virtual worlds. According to my conclusions, a simple projection of the state/citizen model onto ISPs/users relationships does not give sufficient ground for contesting Human Rights within that context. What we need is to deconstruct predominant dogmas in modern Human Rights theory and legislation and to readjust our focus back on the human being and its universal manifestations

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence (British Institute of International and Comparative Law 2008), and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries