University of Macau / Faculty of Law

M. Tech. Business Information Systems Tshwane University of Technology 2011. / This is a South African case in which some kind of justified divergence on the use of cyber-digital copyright protected material of the author referred to as 'fair-use' exists. What exactly is it and to what extent fair-use should be considered fair according to the 'fair-use doctrine'? What may be the concomitant permissibility between cyber-law of copyright protection and fair-use defence? Is it treated on the basis of take-it-or-leave-it or is it a win-win situation? What does our law say about this? In order to answer these questions, this study focused on the effect of cyber-law of copyright on South African academic and research institutions. The study covered topics that include how cyber-law of copyrights has changed access to works. It will also indicate what the effect of legislation is (or the lack thereof) on fair-use vis-à-vis the copyright protection, all of these being exposed to management of cyber-copyrights at the said institutions. Apart from a short synopsis on the conflict, de minimis copying (copying small) and substantial taking, it finally, also reflects, based on this theory, the fundamental conflict theme as envisaged and propagated between both the copyrights and fair-use contradistinction. In order to realize all these, the research will also look into ways of circumventing the possibility of infringement by not only extensively examining, through hypothetical scenario, cyber-law of copyrights protection, but also examining the fair-use defence. Empirical research in the faculty of Information and Communication Technology of Universities of Technology has also been conducted. The Study thus concludes by illuminating that as the IS researchers fare with the impression that copyrights law is, to some extent, only limited to printed and not digital information, the IS researchers, as are not legal experts, need some form of legal orientation on the interpretation of copyrights law in order to promote IS scholarship.

The Internet has changed the world. Its impact on the global society has been enormous, redefining almost every aspect of our life. It has also added a new quality to traditional commerce that in many instances has drastically transformed the way companies and individuals trade. However, electronic commerce is not a legally safe environment, as there exists a regulatory gap that introduces uncertainty surrounding rights and obligations in cyberspace. This may result in unexpected outcomes for e-commerce participants involved in litigation.

Legal aspects of the online marketing The ever-growing role and importance of the Internet in today's society encourages the quick development of a relatively young and dynamic field - online marketing. Since the central goal of the online marketing is to maximize the profits of the given entity, commercial interest may easily get into the conflict with the interests of others. However, endangered entities are not only competing entities, but very often the customers themselves, addressing of which is much easier and cheaper in the Internet than in the "real world." In addition, in recent years the importance of the issue of the Internet users' privacy has been growing. Legal responses mainly consist in the public regulation, the compliance of which is supervised by the executor of the public administration appointed to do this by the legislator. However, also private regulation is worth mentioning, which is usually used primarily by competitors of the infringing entity rather than by consumers themselves. This thesis at first introduces the field of online marketing and its tools and consequently deals with the examination of the legal regulation in more detail, including the impact on practice. The aim of the thesis is to look at the legal regulation from the point of view of the practice, which...

This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.

! 69! Internet Law - Master Thesis Abstract This study explores and describes the discipline of Internet Law as well as the problems arising from applying its jurisdiction. Furthermore, it deals with liability limitation in the on-line world and presents various tendencies in the development of the Internet Copyright Law in the Czech Republic, USA and France. This study is divided into two main chapters. The first one deals with the theoretical and philosophical foundations of the Internet phenomenon and the second focuses on practical aspects of the on-line legal regulation. The tendencies in interpretation and application of the legislature are presented through important case studies. The research strategy for this thesis was data gathering followed by its analysis. Providing examples of local legislature (Czech, USA, French) together with presentation of corresponding case studies I was searching for the keys for interpretation and application strategies of this relatively young and dynamically developing field of law. The study's objective was to find answers to the following two questions: a) Is there a general need for the Internet legal regulation? And if so b) What should the legislative tendency within the Internet Copyright Law be? During the writing process I had to confront two opposite...

Society’s progression through the digital streaming age has created a music licensing landscape of grave concern to all stakeholders in the industry. These drastic changes have occurred under an outdated legal framework. This paper will recommend a comprehensive reform to our copyright law to uphold the intentions of copyright in the modern, digital age of today. By looking at the history of copyright and its evolution, one can assess how Congress has been tasked with establishing a fair market value for music by promoting the public interest and fairly compensating copyright owners. This will lead to an evaluation and comparison of those methods used to determine fair market value for creative works that will be the basis of the recommendation used to modernize copyright law. This recommendation will comprehensively provide for equitable treatment for all parties in the streaming age through its totality, additional reforms, and alternative ideas. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-09-26T10:04:28Z No. of bitstreams: 1 Ricardo Vieira de Souza.pdf: 1123440 bytes, checksum: e5ceefcb485691ee0e19257f666d7604 (MD5) / Made available in DSpace on 2018-09-26T10:04:28Z (GMT). No. of bitstreams: 1 Ricardo Vieira de Souza.pdf: 1123440 bytes, checksum: e5ceefcb485691ee0e19257f666d7604 (MD5) Previous issue date: 2018-08-24 / This work is based on the concern about the practice of illicit at the transnational level facilitated by the incessant and always renewed improvement of communication through the world wide web. If on the one hand, the internet, an indisputable product of this network, has favored the connection between people from different parts of the world, on the other hand, has brought cyber-crime to the forefront, which at the same time challenges the establishment of a criminal guardianship for cyberspace in impunity. This is due to the phenomenon of globalization, which has shortened distances in the face of technological and social advances, and the consequences of criminal law. The present research sought to justify how it is possible before the classical concepts of sovereignty that a state effectively combats transnational cyber crime. For that, points were developed as to how the classic concept of sovereignty is found; the characteristics of cyberspace; and the concepts of jurisdiction and criminal jurisdiction. Thus, a dogmatic criminal and procedural criminal analysis will be carried out if it is possible to establish a transnational criminal jurisdiction as a way of regulating cyberspace / Este trabalho parte da preocupação com a prática de ilícitos em nível transnacional facilitada pelo aprimoramento incessante e sempre renovado da comunicação através da rede mundial de computadores. Se de um lado, a internet, produto indiscutível dessa rede, favoreceu a conexão entre as pessoas de diversas partes do mundo, de outro, trouxe à baila a criminalidade cibernética, que contemporaneamente desafia o estabelecimento de uma tutela penal para o ciberespaço no que tange a impunidade. Isso decorre do fenômeno da globalização, a qual encurtou distâncias em face dos avanços tecnológicos e sociais, e as consequências causadas ao direito penal. A presente pesquisa buscou fundamentar como é possível ante os conceitos clássicos de soberania, que um Estado combata a criminalidade cibernética transnacional de maneira efetiva. Para tanto, foram desenvolvidos pontos de como encontra-se o conceito clássico de soberania; as características do ciberespaço; e os conceitos de jurisdição e competência penal. Torna-se assim efetuar uma análise dogmática penal e processual penal se é possível se instituir uma jurisdição penal transnacional como forma de regular o ciberespaço

Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA) response is Chapter XI of the Electronic Communications and Transactions Act (ECTA). The protection it provides is however not absolute. It is limited to ISP’s that are members of an Industry Representative Body (IRB) and those ISP’s must perform particular functions in relation to third party content in a certain manner to obtain limited liability. Due to the ECTA’s limited application and a lack of authority, the question is raised as to what is the liability of ISP’s for unlawful content posted by third parties? This dissertation pays particular attention to ISP liability for third party defamatory statements, hate speech, and obscene and indecent material. The role and characteristics of ISP’s in the functioning of the Internet is described. It is determined that a wide legal definition would be required to encompass the many roles they perform. The definition provided by the ECTA is wide and many different types of ISP can fall underneath it. This may have unintended consequences as entities may receive protection that the legislature did not intend. The appropriate laws in the United States of America (USA) and the United Kingdom are surveyed and suggestions as to the extent of ISP liability in circumstances where the ECTA does not apply are made. It is established that their position is uncertain due to difficulties in applying the law to the Internet. This could result in the law being applied incorrectly and ISP’s erroneously found liable. The ECTA’s threshold requirements limit the availability of the safe harbor provisions to ISP’s that are members of a recognised IRB. The IRB must comply with an extensive set of requirements to obtain recognition. The purpose of these requirements is to ensure that only responsible ISP’s obtain the protection provided by the act. After an examination of these requirements, their necessity is questioned as their purpose appears to be contrary to the logic of the safe harbours provided by the ECTA. The safe harbours are analysed and comparisons made to similar legislation that exists in the USA and the European Union (EU). It was established that the ECTA is a hybrid of the USA and EU legislation, and to a certain extent improves on them. It was suggested that the extent of ISP liability in relation to certain unlawful content is clearer under the ECTA. However, exceptions may exist in relation to hate speech and obscene and indecent content as a result of legislation that does not properly take the technology of the Internet into account. It was recommended that certain action be taken to correct this position to prevent any negative effects on the Internet industry and conflict with the objectives of the ECTA. The provision of limited liability contained in the ECTA is balanced with a notice and takedown procedure, which provides relief to victims of unlawful content. This procedure is analysed and it appears to be effective in providing relief. However, through an examination of concerns raised in relation to this type of procedure as it exists in the USA and the EU, it is suggested that certain flaws exist. The take-down procedure negatively effects the freedom of expression and the third party’s rights to due process. Further, the threshold requirements result in not all the users of the Internet being provided with the same remedies. It is recommended that certain action be taken to correct these flaws. The solution provided by the ECTA should be favoured over the uncertainty that existed before it promulgation. It may be necessary to correct particular flaws that exist. Certain recommendations are suggested in this regard and the concluding chapter.

The purpose of this paper is to identify gaps in regulatory policies resulting from the emergence of Internet radio. To accomplish this purpose, the paper seeks to: 1) provide insights into agencies that may have direct involvement in potentially regulating Internet radio; 2) explore the concepts of jurisdiction in cyberspace; and 3) address the regulatory challenges that exist when traditional country borders no longer apply.