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Questions and Answers
Under the principle of Responsibility to Prevent Access, who should be held liable?
What is Libel, and how does it control Freedom of Speech?
Why do Western countries study famous cases like Universal Studios vs. Sony?
Can an ISP be sued if a hosted website contains obscene material in the USA?
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What was the issue with the patent granted for a Shopping Cart in web technology?
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What did the cases of Microsoft v. Apple and Borland v. Lotus involve?
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What is an example of intellectual property?
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For how long is a US copyright usually enforceable?
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What is the main issue in international cybercrime agreements?
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What is the main purpose of regulating Freedom of Speech online?
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Study Notes
Jurisdiction in International Law
- Jurisdiction is the power to administer justice and apply laws within a particular defined territorial area.
- It can also refer to the power to administer justice and apply laws across multiple countries that allow their citizens uncensored access to the internet.
- Additionally, it can refer to the power to apply censorship to the internet across a range of countries.
Extradition and Deportation
- An extradition treaty is an international agreement between governments to surrender individuals who have committed crimes in another country.
- An exchange order is a type of deportation order that allows for the transfer of individuals between countries.
- A temporary deportation order is a type of order that allows for the temporary removal of an individual from a country.
Internet Censorship and Regulation
- In the USA, the aim of internet censorship regulations is to focus on prosecuting people who create offensive websites.
- The focus is also on government control of content on websites and the use of web filters.
- Internet censorship regulations aim to protect children and use the least restrictive means of accomplishing that goal.
Cybercrime and Jurisdiction
- The issue of venue or jurisdiction in international cybercrime concerns where the crime was committed and whose laws apply.
- Factors to consider include whether the crime was committed from a business location, a home, or an internet café, and whether the perpetrator is a national of the country where the crime was committed.
- Additionally, consideration is given to whether the act was legal in the country where the perpetrator lived.
Intellectual Property and Copyright
- Copying 10% of a book for study purposes may be considered fair use and not a breach of copyright.
- Fair use is a consideration in determining whether copyright has been breached.
- Ali can maintain his copyright ownership without applying for copyright.
- The Digital Millennium Copyright Act has a Safe Harbor provision, which holds the service provider liable for access to copyrighted material.
Freedom of Speech and Libel
- Freedom of Speech regulations in every country do not allow individuals to say anything they like in public.
- Libel is a control on Freedom of Speech, which refers to the publication of false or damaging statements about an individual.
- Libel controls Freedom of Speech by holding individuals accountable for making false or damaging statements.
Famous Cases and Patent Law
- Western countries study famous cases, such as Universal Studios versus Sony and Apple versus Samsung, to understand intellectual property and patent law.
- A patent was granted for a Shopping Cart in web technology, which caused controversy and raised questions about the limits of patentability.
- The cases of Microsoft v. Apple and Borland v. Lotus were about copyright infringement of the Look and Feel of software.
Miscellaneous
- Phone phreaking is a method used by hackers to exploit telephone systems, not by telephone companies to secure their systems.
- An ISP can be sued if a website hosted by them contains obscene material.
- A US copyright is usually enforceable for a specific period of time, typically the life of the author plus a certain number of years.
- An example of intellectual property is a literary work, an artistic work, or a personal idea.
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Description
Test your knowledge of international law, extradition treaties, and jurisdiction. Learn about the power to administer justice and apply laws globally and within specific territories.
