scholarly journals Interpreting digital licensing contracts between a metaphorical and functional direction: A comparative analytical study

2021 ◽  
Vol 8 (8) ◽  
pp. 103-112
Author(s):  
Rania S. Azab ◽  

This study seeks to clarify the importance of explaining the type of digital license contracts to see if it can continue subjecting them to the metaphorical direction that adopts the direction of applying the traditional rules to this types of contract or must it be subject to the functional direction that adopts the necessity of establishing independent legal rules in the theory of contracts in Egypt. The problem of the user not reading the contract terms is still there. Although consumers do not read the terms of digital licensing contracts, some jurisprudence in the US often insist that it must be the exchange of consent must take place that the offeree must see the terms and conditions before assenting in some sort of this contracts, this differs from the nature of digital licensing contracts and the way they are contracted. It is right that the consumers discover in some the types of contracts do not express the consent by the traditional way in the contract but are subject to specific instructions set by the site, due to the inability to read and understand the terms of the contract, but rather that in some types of digital licensing contracts the consumers are not aware to be a party to a contract according to the traditional concept of contract theory. Legal recognition is important by the Egyptian and Arab legislations in the role of technical and digital in regulations next to the contract and the law (functional direction) which can contribute to help the user to read the terms of use, we must make use of digital technology to fulfill the function of the contract, which aims to create obligations on both parties, businesses and the user. The following questions were analyzed: Is it possible an individual can enter into a contract without realizing it on the internet? Is the individual obligated to contractual terms that he did not read and understand? How can the provisions of the traditional contract be applied to digital licensing contracts? Then I concluded the necessity of enacting new legal rules that regulate digital licensing contracts within Egyptian legislation.

Author(s):  
Rakhimova I.I. ◽  
◽  
Mukhiddinova U.A. ◽  
Bеrdiqulоvа G.N. ◽  
Suleymanova D.I. ◽  
...  

In today's age of the Internet, computers and mobile phones for people of all ages are available in almost every home. In addition, in today’s world-wide pandemic, the use of the Internet for education and all aspects of cultural, socio-economic life as well as games such as games is growing rapidly. This, in turn, has a psychological effect on the individual, both positively and negatively on our society and national values. In this article, I have tried to highlight the positive and negative aspects of the internet world that affect the individual. In the article we will focus on the role of the virtual world in human life, the need not to depend on it, to use it for useful purposes.


2020 ◽  
Vol 21 (1) ◽  
pp. 1-2
Author(s):  
Swaminathan JN ◽  
Gopi Ram ◽  
Sureka Lanka

The evolution of Internet of Things has given way to a Smart World where there is an improved integration of devices, systems and processes in humans through all pervasive connectivity. Anytime, anywhere connection and transaction is the motto of the Internet of things which brings comfort to the users and sweeps the problem of physical boundary out of the way. Once it has come into the purview of developers, new areas have been identified and new applications have been introduced. Small wearables which can track your health to big automated vehicles which can move from one place to another self navigating without human intervention are the order of the day. This has also brought into existence a new technology called cloud, since with IoT comes a large number of devices connected to the internet continuously pumping data into the cloud for storage and processing. Another area benefited from the evolution of IoT is the wireless and wired connectivity through a wide range of connectivity standards. As with any technology, it has also created a lot of concerns regarding the security, privacy and ethics.   Data protection issues created by new technologies are a threat which has been recognized by developers, public and also the governing body long back. The complexity of the system arises because of the various sensors and technologies which clearly tell the pattern of the activities of the individual as well an organization making us threat prone. Moreover, the volume of the data in the cloud makes it too difficult to recognize the privacy requirement of the data or to segregate open data from private data. Data analytics is another technology which supposedly increases the opportunity of increasing business by studying this private data collected from IoT and exploring ways to monetize them. It also helps the individual by recognizing their priorities and narrowing their search. But the data collected are real world data and aggregation of this data in the cloud is an open invitation to the hackers to study about the behaviors of the individuals.   The special issues of Scalable Computing has attract related to the Role of Scalable Computing and Data Analytics in Evolution of Internet of Things has attracted 28 submissions from which were selected 12.    


Author(s):  
Frank Den Hartog ◽  
Jan De Nijs

Given the ever increasing number of Wi-Fi devices in use by the public, the progressing urbanisation, and the current attempts by the industry to improve Wi-Fi system performance, we here analyse the case of apartment blocks with residents increasingly suffering from Wi-Fi over-congestion. Here, individuals use private Wi-Fi networks in an ''in house'' environment to achieve cordless connectivity to the Internet. We show that Wi-Fi in apartment blocks is a true commons and, therefore, over-congestion can only be avoided by having the individual access point (AP) operators collaborating with each other. We found that such collaboration is not inhibited by current regulation, but neither can it be enforced. However, as AP operators will most likely enter collaboration voluntarily, further regulation is not deemed necessary.


2021 ◽  
Author(s):  
Andrea Ottolia ◽  
Cristiana Sappa

Abstract Knowledge is subject to enclosure through digital technology and legal rules. Data collected, stored and pooled by the Internet of Things (IoT) or Artificial Intelligence (AI) are no exception to this. Operators acting in the markets related to the algorithmic society may have a quite diversified range of intellectual property rights (IPRs) to protect the information they produce and manage. This is exploited through algorithmic processing techniques, aggregating collected data for the generation of new ones, thus creating additional information and knowledge. This paper studies whether and when data, information and knowledge, presented within the Big Data, IoT and AI structures, may be considered and exploited as commons. The analysis is not aimed at stating that commons should be the general solution for the algorithmic society. Nor does it endorse legal interpretations unilaterally favoring openness and limiting IPR protection and privacy rules (though this could be the case under certain circumstances). The question is to establish whether a certain level of commons should be provided by regulation or left to spontaneous private initiatives. In this regard, two different meanings of data commons are used in this work. The first one refers to the open access systems provided by regulation, equivalent to a public domain protection, and opposed to exclusivity mechanisms. The second refers to data commons which are privately ‘constructed’ on top of background regulation and manage resources for a limited set of claimants.


2021 ◽  
pp. 1069031X2110366
Author(s):  
Stanford A. Westjohn ◽  
Peter Magnusson ◽  
George R. Franke ◽  
Yi Peng

Does collectivism influence an individual's willingness to trust others? Conflicting empirical results from past research and the role of trust in international marketing make this question important to resolve. We investigate this question across cultures and at the individual level with four studies using multiple methods. Study 1 establishes correlational evidence between societal-level collectivism and individual-level trust propensity with results from a multi-level analysis of data from over 6,000 respondents in 36 different countries. Study 2 offers an individual-level analysis using the trust game, introducing a more rigorous behavioral outcome variable. Study 3 contributes causal evidence at the individual level based on experiments in both the US and China and offers evidence of social projection as the explanatory mechanism. Finally, Study 4 demonstrates managerial relevance by using advertising to prime collectivism and assessing its effect on trust in the firm.


Author(s):  
Karolina Pawlak

The aim of this paper was to investigate the intensity and determine the type of intra-industry trade in agri-food products of Poland and the EU with the US. Analysis was based on data coming from the Comext-Eurostat database applying the 6-digit HS classification in 2007 and 2018. The intensity of intra-industry trade was established using the Grubel-Lloyd index, taking the diversification of intra-industry trade into horizontal, high-quality vertical, and low-quality vertical trade into consideration. The individual types were determined applying the criteria of similarity in unit values in exports and imports, proposed by David Greenaway et al. [1994]. Analysis showed that trade in agri-food products of Poland and the EU with the US developed mainly following a model of inter-industry specialisation. Intra-industry trade was observed primarily in trade in highly processed products. Analyses of EU trade with the US indicate the greatest role of intra-industry trade in high quality differentiated products, which may hardly be supplemented by other goods, while in Polish trade with the US it was vertical trade in low quality goods, which may be relatively readily replaced by products coming from other countries, in turn potentially leading to the loss of Poland’s share in the target market.


Author(s):  
Primavera De Filippi ◽  
Samer Hassan

“Code is law” refers to the idea that, with the advent of digital technology, code has progressively established itself as the predominant way to regulate the behavior of Internet users. Yet, while computer code can enforce rules more efficiently than legal code, it also comes with a series of limitations, mostly because it is difficult to transpose the ambiguity and flexibility of legal rules into a formalized language which can be interpreted by a machine. With the advent of blockchain technology and associated smart contracts, code is assuming an even stronger role in regulating people’s interactions over the Internet, as many contractual transactions get transposed into smart contract code. In this paper, we describe the shift from the traditional notion of “code is law” (i.e., code having the effect of law) to the new conception of “law is code” (i.e., law being defined as code).


2021 ◽  
Vol 106 ◽  
pp. 02004
Author(s):  
Ekaterina Rusakova ◽  
Wang Wei

This article takes the legal rules of digital civil proceedings with foreign participants in China as the research object, and studies the structure and content of the civil digital litigation rule system from the present situation of the foreign-related civil digital litigation rules. The purpose of this article is to study how China constructs the foreign-related civil litigation legal system under the Internet thinking, and how to establish a digital judicial system centred on the litigants. This article discusses from two aspects: the use of digital technology to promote the settlement of foreign-related civil litigation cases, and the characteristics of new foreign-related civil litigation cases produced by digital technology.


ILUMINURAS ◽  
2020 ◽  
Vol 21 (54) ◽  
Author(s):  
Luiz Antonio Feliciano

Resumo:Esse trabalho discute a importância da produção visual, sobretudo, a fotografia, na constituição da imagem da cidade. Aborda, também, o papel da tecnologia digital na composição das subjetividades contemporâneas e suas contribuições para se fortalecer uma cultura urbana, mesmo em meio às limitações impostas pela sociedade. Para sua realização observou-se etnograficamente um grupo de skatistas, em uma pista de skate, numa cidade do interior de São Paulo. A importância dada ao celular foi um traço recorrente que permeou grande parte das discussões. Portar um aparelho híbrido e produzir imagens é uma maneira de contribuir para a construção do imaginário sobre a cidade, sobretudo, quando essas imagens veiculam pela internet. Acredita-se que o trabalho traz problematizações sobre os jovens na relação consigo, com o outro, com o grupo e com a cidade.Palavras-chave: Subjetividade. Cidade. Jovem. Skatista. Tecnologia  THE CITY BETWEEN IMAGES AND IMAGINARY: SOME CONTRIBUTIONS FROM SKATEBOARDERS' EYES Abstract: This work discusses the importance of visual production, especially photography, in the constitution of the city’s image. It also addresses the role of digital technology in the composition of contemporary subjectivities and its contributions to strengthening an urban culture, even amid the limitations imposed by society. For its realization it was observed ethnographically a group of skateboarders, in a skate track, in a city of the interior of São Paulo. The importance given to cellular was a recurrent trait that permeated much of the discussions. Carrying a hybrid device and producing images is a way of contributing to the construction of the imaginary about the city, especially when these images are transmitted through the internet. It is believed that the work brings problematizations about young people in the relationship with themselves, with the other, with the group and with the city.Keywords: Subjectivity. City. Young. Skater. Technology


Media-N ◽  
2018 ◽  
Vol 13 (1) ◽  
Author(s):  
Randall Packer

While the mainstream media largely dominate the discourse and narrative of the daily news cycle, we have, since the dawning of the Web some twenty-five years ago, seen this tight grip of control loosening at an increasing rate. The emergence of citizen-journalism via the blogosphere in the early 2000s, followed by the explosive and ubiquitous presence of social media in the late 2000s, has empowered the individual in the act of distributing their own view of events as they unfold.The key question raised here is the following: how might the artist engage rogue tactics of journalism via the Internet to directly challenge the dominance and status quo of the broadcast media? For the past 15 years, through networked art projects that include the US Department of Art & Technology (2001-2005), Media Deconstruction Kit (2003-2004), and The Post Reality Show (2012-), I have used techniques of media to appropriate, transform, and rebroadcast live cable news media via the Internet to amplify and distorts its contents: allowing us to view the broadcast in a new way, revealing its hidden mechanisms of control, a détournement that jolts us out of the sensationalism of media and its seductive hold on our gaze. In contrast to the citizen journalist who brings unreported events to the light of day, the artist's reportage here takes shape as a disruption of the media broadcast, attempting to expose its effects of disinformation by shocking the viewer out of obedient assimilation of its contamination.


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