Unauthorised use of the trademark logo on social media on a massive scale has led to frequent legal conflicts between trademark holders, social media providers and internet users and legal uncertainty. The thesis concludes that trademark infringement and dilution laws in the U.S. and EU are inadequate to solve this problem. The trademark logo on social media should be protected against unauthorised use, even though it is not used to sell the good or service the trademark indicates, but is used in a commercial environment. Two premises for any solution are that first the enforcement should be made automatic, since litigation on a case-by-case basis is not scalable, and second that the safe harbour provisions for online service providers, that aggravate the problem, should be substituted for strict liability. The trademark logo can be seen as the personification of the trademark holder, and one can argue that the stability of the trademark logo is not only in the interest of the trademark holder but also of society at large. One can argue that trademark dilution already provides a kind of moral right of integrity for the trademark logo. However, this right is limited to trademark logos that are considered famous or have a reputation, and, moreover, that are used in a commercial way. This thesis argues that also the trademark logo that did not reach the requested level of fame or reputation and is used in a non-commercial way should also be protected against unauthorised use on social media. Therefore the moral right of integrity is proposed for the trademark logo. Until the law will be amended to include a moral right of integrity for the trademark logo, this thesis suggests to implement proactive solutions in the walled gardens of social media as a testing ground for potential legislation. This automated solution is scalable, makes intellectual property protection and enforcement not only effective but also more calibratable to social policy goals and will inevitable lead to an algorithmic justice. / 社交媒體上大規模未經授權使用的商標標誌為商標持有人、社交媒體提供商和互聯網用戶之間帶來法律衝突，更帶來法律上的不確定性。本文提出的結論是美國與歐盟有關商標被侵犯和稀釋的法律並不足以解決這個問題。縱使在社交媒體上的商標標誌未被用作銷售貨品或服務，但由於是在商業環境使用，所以法律應該保障其免被未經授權使用。任何解決方法都必須基於兩個前設。首先由於按個別情況興訟的可行性低，所以執法應該自動化。其二網絡服務供應商所依賴的避風港條款只會使問題更加嚴重，因此應該採用嚴格法律責任。商標標誌可被視為商標持有人的縮影，而商標標誌的穩定性除了對商標持有人有利之外，可謂對廣大社會也有裨益。法律所保障商標免被稀釋本身可說是一種對商標標誌完整性的精神權利的認可。但現時只有被認為著名，有聲譽，以及作商業用途的商標標誌才享有此權利。本文強調一般未達到著名或有聲譽，以及未作商業用途的商標標誌在社交媒體上應該受到同等免被未經授權使用的保障。就此，本文提出商標標誌應享有完整性的精神權利。在修法保障商標標誌完整性的精神權利前，本文建議在社交媒體這個空間裡採納積極的措施，以測試未來法律條文的可行性。此自動化的方案有可擴展性，使保障和執行知識產權既有效率，又可對準社會政策的目標，更必然會帶來算法公義。 / Friedmann, Danny. / Thesis Ph.D. Chinese University of Hong Kong 2013. / Includes bibliographical references (leaves 354-380). / Abstracts also in Chinese. / Title from PDF title page (viewed on 05, October, 2016). / Friedmann, Danny. / Detailed summary in vernacular field only.

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Typescript. Bibliography: leaves 459-472.

published_or_final_version / Public Administration / Master / Master of Social Sciences

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The purpose of the study was to ascertain what the four state universities were doing to prepare prospective teachers in the area of legal rights and responsibilities of teachers and students.The population of the study was defined as personnel of the Indiana State Department of Public Instruction, university undergraduate deans, and professors responsible for the teaching of legal aspects of education to prospective teachers, and a random sample of student teachers.The review of literature and research revealed empirical data regarding school law, the courts, and preparation of prospective teachers in the area of legal rights and responsibilities outdated or non-existent, and subjective in nature. Authors agreed that prospective teachers need to be knowledgeable in school law for effective performance of duties. Authors found little actually being done to prepare teachers in the legal aspects of education and that reforms were needed at the collegiate level.The following findings were based on analysis of data obtained from interviews and questionnaires: Not all universities have met the requirement of including the legal aspects of education for undergraduate prospective teachers; the amount of time spent teaching school law to undergraduates is left to the discretion of the individual professors; most classes which were designed to include school law were described with no mention of school law or legal topics in the course syllabi or college catalogs; only one university class had a specific text for the instruction of legal rights and responsibilities; professors agreed that more uniformity should exist; the majority of professors recommended that a course specifically in school law should be required at the undergraduate level for prospective teachers; the preparation and background of faculty responsible for teaching school law to undergraduate prospective teachers were lacking in school law training and experience; the majority of student teachers recognized and reported a lack of training in the area of school law; and all but three student teachers reported that an undergraduate school law course should be required at the undergraduate level for prospective teachers.The following conclusions, based upon the review of related literature and research, and upon data from the study, were developed: University requirements submitted to the Indiana State Department of Public Instruction may or may not take place on the campuses; few consistencies exist in the teaching of school law to undergraduate prospective teachers; most prospective teachers do not receive sufficient training in the area of legal rights and responsibilities of teachers and students; what is taught, how the material is taught, when it is taught, if it is taught, and how much time (if any) is devoted to the topic of school law are left entirely to the discretion of the professors; most professors recognize a need to do something to improve the teaching of school law to prospective teachers; professors assigned the responsibility of instructing prospective teachers in school law do not have background or training in the area; student teachers desire an undergraduate required course in school law; most school law was disseminated in a haphazard manner; a need exists to better prepare teachers in the area of school law; school law for undergraduate prospective teachers has not been a priority issue even in the face of growing litigation; most professors believe that teachers should learn school law by experience and on-the-job training; student teachers are fearful of growing court actions and expressed a need to know current laws to manage classrooms effectively; and professors responsible for teaching school law to undergraduate prospective teachers have not conducted any workshops, conferences, or seminars related to school law.

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".