The Internet is a unique and revolutionary medium of communication. The objective of this dissertation is to identify whether there are areas in which reform of the rules of Australian civil defamation law needs to be undertaken to meet the challenges posed by this new medium and, if so, to advocate desirable reforms. / The methodology by which the dissertation sets out to achieve its objective is a systematic analysis of how the defamation cause of action, defences and remedies, as well as relevant jurisdiction and choice of law rules, apply, or are likely to apply, to material published via the Internet. / It is possible to distil five features of communication via the Internet which are of relevance to the operation of the rules of civil defamation law: / - Internet communications do not respect geographical boundaries: they involve the transfer of signals from computers in indeterminate locations, to other computers in indeterminate locations, via routes which are indeterminate; / - intermediaries, in the form of Internet service providers and network operators, play a central role in all Internet communications; / - material published via the Internet can be republished to a wide and geographically diverse audience more easily than material published via other means; / - material on the Internet is organised through the use of hyperlinks which blur the distinction between where one publication ends and the next begins; / - the Internet can be used in a wide variety of ways, to resemble almost any other medium, including the telephone, the postal service, radio, television, newspapers or libraries. / Once the way in which the Internet works and is used is understood, it is possible to predict how most of the rules of defamation law would apply to material published via the Internet. The outcome of the research undertaken in this dissertation is that most of those rules are capable of being applied without the need for reform. / In other areas, however, the existing rules give rise to uncertainty, or undesirable outcomes, when applied to Internet publications. In those areas, reform is desirable. Ultimately, four areas of reform of the existing rules of defamation law are identified, and desirable reforms suggested: / 1 Reform to clarify whether different types of Internet publication are libel or slander. / 2 Reform to ensure that intermediaries of Internet publications are only liable for civil defamation where their conduct is sufficiently culpable to warrant the attribution of liability. / 3 Expansion of the remedies available in civil defamation law to provide successful plaintiffs with more effective means of vindicating their reputations where they have been damaged by defamatory Internet publications. / 4 Reform of the choice of law rules applicable to intra-Australian publications, by adoption of a rule that substantive rights and liabilities are determined by applying solely the law of the place (or places) of publication, regardless of the place in which proceedings are brought and determined.

The objective of this thesis is to demonstrate, through analysis of the current Canadian Copyright Act and related cases, how the rapid development of Internet technology has challenged the legal protection of musical works under Canadian copyright legislation and jurisprudence. Canadian government and courts have begun contemplating these issues and attempted to formulate constitutional reform policies and effective measures for Canada. These initiatives related to copyright protection of musical works reflect a sophisticated analysis of each participant involved in music transmission through the Internet and are unique in this way. More flexible business mechanisms may contribute towards the achievement of a delicate balance between all the parties involved under the copyright umbrella.

The treatment of Internet jurisdiction ordinarily looks to how the laws of a local jurisdiction apply to the Internet. Less examined is the underlying jurisprudence that may create the basis for legitimate Internet jurisdiction in light of the ambiguity that the Internet creates for establishing sovereignty. This thesis thus takes recent decisions of the Quebec courts that apply the province's Charter of the French Language to the Internet as a point of departure for an in-depth analysis of the nature of sovereignty as an increasingly indeterminate principle of law in the emerging discipline known as Internet Law. Ultimately, the chaos that the Internet initially provoked may be resolved by the return to ethical principles based on the theoretical approach of legal pluralism and the philosophical treatment of ethical responsibility as proposed by Emmanuel Levinas' "humanism of the other".

Orientador: Carlos Gustavo Poggio Teixeira / Banca: Lucas da Silva Tasquetto / Banca: Flávia de Campos Mello / O Programa de Pós-Graduação em Relações Internacionais é instituído em parceria com a Unesp/Unicamp/PUC-SP, em projeto subsidiado pela CAPES, intitulado "Programa San Tiago Dantas" / Resumo: O termo governança global tomou nova forma na Governança da Internet, onde a maior parte das instituições utiliza-se do modelo multistakeholder, formando espaços de diálogo e processos decisórios com diversos atores, sejam estes estatais, privados, civis ou acadêmicos. Propõe-se então a análise do estudo de caso da ICANN, instituição responsável pela administração dos contratos relacionados à regulação do uso dos Nomes e Números, o DNS. Por meio de leitura acadêmica, jornalística, pesquisa de campo, participação em conferências e entrevistas com pessoas relevantes à área. Procedeu-se a elaboração, utilizando-se do material dessas diversas fontes, de um panorama da contextualização da revolução tecnológica que levou à Internet atual, e também da governança global. Posteriormente, passou-se para o ecossistema de Governança da Internet como conceito e prática. Assim, o estudo de caso está inserido em um contexto maior, de modo que se possa compreendê-lo em seus intrincados pormenores. Ao contrário da maioria das instituições transnacionais, que acabam por ter caráter recomendativo, na ICANN as decisões são realmente efetuadas. Apesar de o modelo multistakeholder propor igualdade entre os atores, alguns possuem maior influência. Antes da Transição IANA, os Estados Unidos tinham um peso muito maior, agora largamente ocupado pelo setor privado. A Governança da Internet é única dentro da governança global. Esta deve sua distinção a algumas possíveis razões, como o desenho técnico da... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract:The term global governance has taken a new form in Internet Governance, where most institutions use the multistakeholder model, forming spaces for dialogue and decisionmaking processes with various actors, including states, companies, civil society or academia. An analysis of the ICANN case study, the institution responsible for administering contracts related to the regulation of the use of Names and Numbers, the DNS, is then proposed. The research was done through academic reading, journalism, field research, participation in conferences and interviews with people relevant to the area. With the material from these various sources, it was elaborated a panorama of the technological revolution contextualization that led to the Internet as it is today, as well as to global governance. Subsequently, we moved on to the Internet Governance ecosystem as a concept and practice. Thus, the case study is embedded in a larger context, so that one can understand it in its intricate details. Unlike most transnational institutions, which are deliberation bodies, ICANN decisions are actually carried out. Although the multistakeholder model proposes equality among the actors, some have greater influence. Prior to the IANA Transition, the United States had a much greater weight, now largely occupied by the private sector. Internet Governance is unique within global governance. It owes its distinction to some possible reasons, such as the technical drawing of the Internet. Therefore, there is a great possibility that this is not a reproducible model in other areas. The multistakeholder model presents a divergent way of assessing the relations between actors in the International System and the limit of state power. Even if there is no continuity in the current model, the field of study is extensive and still far from reaching maturity. / Mestre

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在網絡上，資訊技術及其使用改革了版權作品的使用方式。因特網根本性改變了版權市場。本文試圖論證，中國內地法律必須給予資訊技術足夠的發展空間，同時不能不合理地損害版權所有人的利益。 / 本文認爲，在中國版權立法和適用中，版權功利主義理論起著根本性作用。根據功利主義，版權法的目標是促使社會文明的最大化發展。而且中國政府必須發展數字經濟，且須保證其版權法合理地促使網絡中間商運行和投資中國數字經濟。中國版權法需爲資訊技術提供足夠的發展空間。 / 基於為資訊技術發展尋求足夠發展空間的目的，本文分析了Sony案抗辯，通知－删除避風港，誘導侵權和合理使用。中國必須合理解釋中國現有制度，從而避免給網絡中間商加以不合理的責任。關於版權侵權抗辯，中國應該引入美國的 Sony抗辯，作為衡量是否侵犯版權的一個因素。且避風港保護的範圍應該被擴展至包含所有網路中間商，以保證未來技術的未知發展擁有足夠的呼吸空間。而且，至少，中國應該採用某些善意轉換性使用的窮盡式合理使用抗辯，以促進現有技術的運行。且更合適的是，採用非窮盡式的合理使用抗辯，其範圍包括所有對社會有用的網路中間服務的必須運營活動，並通過確保資訊技術發展的方式。 / 一個好的法律框架可以對人類的進步有著積極的影響，不然它會對社會發展起著阻礙作用。我們需要的法律框架應該同時促進版權和信息傳播技術的發展。這意味著，在保證版權産業正常運行的同時，該法律框架應爲技術發展提供肥沃的成長土壤。 / Information technology and its usage on the internet have revolutionized the way in which various copyrighted works are captured, stored, copied and distributed. By expanding the breadth, diversity and sheer number of copyrighted works in existence, the internet has fundamentally changed the nature of copyright markets. / This thesis attempts to argue that the laws in Mainland China should reserve enough space for information technologies to develop, without unreasonably prejudicing the interests of copyright holders. / This thesis contends that the utilitarian justification for copyright plays an underlying role in both Chinese copyright legislation and judicial application. Under the utilitarian model in China, fostering a maximization of culture development is the aim of the copyright law. As such, in the era of information overload, the Chinese government should aim to develop the Digital Economy. In order to achieve this aim, it needs to start by ensuring that its copyright law appropriately enables Internet Intermediaries to operate and to invest in creating Chinese Digital Economy. Copyright law in China needs to create room to move. / This thesis examines Sony defense, notice-and-take-down safe harbors, inducement liability and fair use, for the purpose of seeking enough space for information technology development. The existing rules in China, e.g. inducement liability, should be interpreted as avoiding placing unreasonable burden on internet intermediaries. As to the defenses against copyright infringement, Sony defense in the US should be introduced as a factor in assessing copyright infringement in China. And the scope of safe harbor protection should be extended to include all internet intermediaries, for the purpose of providing breathing room for unanticipated technology developments. Moreover, at the very least, certain fair dealing exceptions for certain transformative use in good faith should be adopted in China to foster the existing operations of information technology. And it is more desirable to introduce a non-exhaustive fair dealing exception to cover activities necessary to run all socially useful internet intermeiary services, in the way of ensuring information technology development. / A well-designed legal system should have positive impacts on the human progress; or otherwise, it would have deterrence effects on the social development. A legal system which promotes both copyright and communication technologies creations is what we need in the future. This kind of system requires a fertile land for technologies innovation without destroying the developments of the entertainment industries / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Xie, Lin. / Thesis (Ph.D.)--Chinese University of Hong Kong, 2012. / Includes bibliographical references. / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract also in Chinese. / Chapter 1 --- Introduction --- p.1 / Chapter 1.1 --- Thesis Argument --- p.1 / Chapter 1.2 --- Background --- p.2 / Chapter 1.3 --- Summary --- p.6 / Chapter 2 --- Theoretical Framework in China --- p.11 / Chapter 2.1 --- Justifications for Copyright --- p.11 / Chapter 2.2 --- Traditional Chinese Culture --- p.15 / Chapter 2.3 --- The Development of Modern Copyright Law in China --- p.21 / Chapter 2.4 --- International Relationship --- p.27 / Chapter 2.5 --- Utilitarian Justification in Digital Era in China --- p.31 / Chapter 3 --- Aggressive Measures on the Unauthorized File-sharing Problem --- p.36 / Chapter 3.1 --- Criminal Liability of Internet users --- p.36 / Chapter 3.2 --- Benefits and Costs --- p.49 / Chapter 3.3 --- Graduated Response Scheme --- p.52 / Chapter 3.4 --- The Nature of Unauthorized Online File-sharing Problem --- p.59 / Chapter 3.5 --- Alternative Solutions --- p.65 / Chapter 3.6 --- Implications for China --- p.68 / Chapter 4 --- Sony Defense under Traditional Indirect Liabilities --- p.71 / Chapter 4.1 --- Traditional Liabilities for Third Parties’ Infringement --- p.72 / Chapter 4.2 --- Sony Defense --- p.82 / Chapter 4.3 --- Assessing Sony Defense --- p.98 / Chapter 5 --- The Notice-and-Take-Down Safe Harbors of Online Service Providers --- p.102 / Chapter 5.1 --- Introduction on the Notice-and-Take-Down Safe Harbors --- p.102 / Chapter 5.2 --- Threshold Requirements of the Notice-and-Take-Down Safe Harbors --- p.108 / Chapter 5.3 --- A Proposed Safe Harbor Framework in China --- p.142 / Chapter 6 --- Inducement Liability of Service Providers --- p.145 / Chapter 6.1 --- Inducement Liability in China --- p.145 / Chapter 6.2 --- Inducement Liability in the US --- p.151 / Chapter 6.3 --- Implications for China --- p.170 / Chapter 7 --- Transformative Use of Copyrighted Works: A Proposed Fair Dealing Exception for Internet Intermediaries --- p.176 / Chapter 7.1 --- Introduction --- p.176 / Chapter 7.2 --- Transformative Use in the US --- p.178 / Chapter 7.3 --- Transformative Use under Australian and Chinese Copyright Law --- p.188 / Chapter 7.4 --- A Proposed Fair Dealing Exception --- p.198 / Chapter 7.5 --- Conclusion --- p.201 / Chapter 8 --- Liabilities of a Search Engine’s Cache --- p.202 / Chapter 8.1 --- Introduction --- p.202 / Chapter 8.2 --- Liabilities of a Search Engine’s Cache in China --- p.208 / Chapter 8.3 --- Direct Infringement --- p.215 / Chapter 8.4 --- The Safe Harbor Protection --- p.223 / Chapter 8.5 --- Implied License --- p.236 / Chapter 8.6 --- Fair Use --- p.242 / Chapter 9 --- Fair Use or Fair Dealing? --- p.246 / Chapter 9.1 --- Introduction --- p.246 / Chapter 9.2 --- Fair Dealing in China --- p.248 / Chapter 9.2 --- Introduce a Flexible Exception into Copyright in China --- p.263 / Chapter 10 --- Conclusion --- p.272

The Communication Decency Act became law in 1996 and was immediately challenged on Constitutional grounds. It was subsequently declared unconstitutional based on the First Amendment guarantee of free speech. Using Fantasy Theme Analysis, an analysis of the dramatic elements of the key players was accomplished. The dramatic elements of Overall Theme, Abstract Concept, Hero/Villain interaction and Emotion were the focus of this analysis. The key players have been named the Antiobscenity Crusaders, the Defenders of Liberty and the Homesteaders after the roles they play. The focus of the analysis was an examination of how these groups rhetorically construct the internet as they attempt to persuade the Supreme Court about the Constitutionality of the Communication Decency Act. / Graduation date: 2000

published_or_final_version / Law / Doctoral / Doctor of Philosophy

At this early age of the internet, the e-business environment is almost like a lawless territory. Fast movers are making fortunes whereas rebels can act with impunity and move on before the legal process can catch up. The fast expansion of cyber crimes in the world has been the motivation to perform this research on its impact on the business community in Mauritius after the devastating effects in developing countries. Organisations that are not keeping pace with these realities are becoming vulnerable to cyber criminals or hackers. An analysis of the situation in the world from the literature review has provided a better understanding of the most common crimes that are causing trouble to the businesses and obstacles to the advancement of e-commerce. Compared to earlier technological changes, the internet has shown a rapid proliferation. Organisations have to be ready to face this challenge or they may face the dangers of being attacked or even prosecuted for not having secured their system properly. While securing the internet remains a major challenge for every country, businesses have to cope with limited protection until an international law become in force to control this wild territory. The reports available on the Crime trend show that there has been a steady increase in Computer related crimes in the world. The research is conducted on a sample of IT literate participants. Interviews and focus group discussion have also contributed in the accuracy of the findings. The results and findings demonstrate that there is room for improvement but there is a lack of awareness on the Cyber crime act. Hopefully, this research will help to shed light on the major concerns of the business community. VI / Thesis (MBA)-University of KwaZulu-Natal, Durban, 2004.