Forensic Expertise and Judicial Expectations

2014 ◽  
pp. 83-109
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Substantial Part ◽  
Legal Systems ◽  
Judicial Decisions ◽  
Forensic Expertise ◽  
The World ◽  
Software Copyright

This chapter primarily focuses on recommendations, suggestions, and directives from the legal systems on matters related to investigation of software copyright infringement and then presents them as positive contributory gestures by the legal systems across the world. Samples are taken from various laws, judicial suggestions and recommendations, and legal directives on copyright in order to discuss the ways in which these laws, recommendations, and directives can add credibility to the entire forensic procedure as well as value to the final forensic answers. These samples address judicial recommendations on a variety of software copyright issues such as software authorship, copyright protection of various software elements (including literal and non-literal software parts), the constitution of “substantial part,” the interpretation of software ideas, forensic exclusion policies of various unprotectable elements, “mining,” etc. The chapter concludes stressing the importance of imparting extensive cyber forensic education to judicial officers for making them fit not only to take intelligent judicial decisions but also to put forward wise judicial recommendations on software copyright infringement cases.

9. Software

2019 ◽  
pp. 219-257
Author(s):  
Andrew Murray
Keyword(s):  
Copyright Protection ◽  
Patent Protection ◽  
Computer Software ◽  
Copyright Infringement ◽  
Patent Law ◽  
Historical Background ◽  
European Patent ◽  
Copyright Holder ◽  
Software Copyright ◽  
The Look

This chapter examines whether software should be protected by patent law or by the law of copyright, or through a sui generis form of protection. It first provides a historical background on software and copyright protection, before discussing the scope of software copyright protection and copyright infringement. The chapter then looks at several forms of copyright infringement such as offline, online, and employee piracy, and also explains the look and feel infringement by citing three cases: Navitaire v easyJet, Nova Productions v Mazooma Games, and SAS Institute v World Programming Ltd. In addition, it considers permissible acts under the UK’s Copyright, Designs and Patents Act 1988 without infringing the rights of the copyright holder, including software licences, end-user licence agreements (EULAs),. Finally, the chapter analyses cases relating to patent protection for computer software, including software patents under the European Patent Convention and the decision in Aerotel v Telco and Macrossan.

16. Copyright protection

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Copyright Owner ◽  
Software Copyright ◽  
Copyright Ownership ◽  
The Law

This chapter discusses protection under the law of copyright. Topics covered include copyright basics; obtaining copyright; forms of protected work; the requirement of originality; copyright ownership; copyright infringement; the nature of copying; other rights belonging to the copyright owner; the development of software copyright; and literal and non-literal copying.

scholarly journals Bloggers, Copyrights and Some Other Legal Issues

2020 ◽  
Vol 9 (2) ◽  
pp. 421-446
Author(s):  
Alla Kyryliuk ◽  
Viktoriia Lysenko ◽  
Alina Podolieva
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Legal Issues ◽  
Legal Systems ◽  
Empirical Methods ◽  
Legal Doctrine ◽  
Theoretical Methods ◽  
The World ◽  
Practical Recommendations

The purpose of the study is to find out the place of the blog in the field of copyright; identification the most pressing problems that may arise as a result of blogging; and finding the most effective approaches and options to solve the above problems. The object of research is the system of national and foreign legislation, legal doctrine, bills in the field of intellectual property, and copyright. Empirical methods such as observation and description and theoretical methods such as analysis, synthesis, generalization, and explanation were used in this work. The work has the following structure: first, it takes care of the differences in understanding of copyright regulation in different legal systems, the world experience in regulating intellectual property, and its history. Then, blog copyrights are analyzed, as well as online copyright infringement, ways to protect content, and some other actual realities.  As a result of the study of the intellectual property legislation that governs this subject—in particular, in the field of copyright and related rights—there is a clarification of the notion of “blog” and the regulation that governs blogging in Ukraine is identified. In addition, some practical recommendations were given to bloggers on legal protection of their copyrights.

scholarly journals Copyright Norms, Copyright Infringements and Remedies in Ukraine and Jordan: What Interesting Complexities Tell of Two Jurisdictions?

2020 ◽  
Vol 78 (3) ◽  
pp. 22-31
Author(s):  
Б. Малкаві ◽  
С. Є. Абламський
Keyword(s):  
Intellectual Property ◽  
Comparative Study ◽  
Copyright Protection ◽  
Copyright Infringement ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
The World ◽  
The Law

Issue of copyright protection has been a great initiative gaining laudable ground in the world of intellectual property law, as it seeks to protect and safeguard the ideas of the author for it not to be violated and infringed upon by another without the author's consent or authorization. In ensuring author's right, a plethora of international, regional, and even national legal dispositions has been put in place for guaranteeing that works of author's should be protected against infringement. In response to these commitments, the states of Ukraine and Jordan have played a credible role by adhering and been signatories to these legal dispositions to endure copyright protection. Even though with all these protection being put into place by the said countries, there is still an aspect of infringement and violations, which has frustrated the rational of the law as it is aimed at ensuring copyright protection. The objective of this article is to study the implications that copyright infringement poses on the fundamental rights of an author's work. It is clear that aspect of copyright infringement affects the rights possessed by author in issues related to copyright protection in Ukraine and Jordan. While answering the fundamental question as to the aspect of copyright infringement in both countries, a comparative study was deemed necessary in order to study whether both countries experience same difficulties as a result of copyright infringement. It was realized from the findings that issues of infringement, even though with the credible laws and institutions put in place by both countries, has been a common problem. Therefore, it has been noted that a research of this magnitude was deemed necessary in ensuring that copyright of author's should be guaranteed and protected.

The Shari’a Approach to Contemporary Problems of Mass Surveillance

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Sattam Eid Almutairi
Keyword(s):  
North America ◽  
Personal Data ◽  
Legal Systems ◽  
Legal Norms ◽  
Muslim Countries ◽  
Norms And Values ◽  
The World ◽  
State Surveillance ◽  
Mass Surveillance ◽  
Do So

AbstractThe phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so.

Expresii juridice fără nicio noimă

2020 ◽  
Vol 2019 ◽  
pp. 99-108
Author(s):  
Adriana Almășan ◽  
Keyword(s):  
Legal Systems ◽  
Legal Language ◽  
Legal Literature ◽  
Legal Writing ◽  
The World

Lawyers should be expert communicators, most of their drafting requiring preciseness and efficient phrasing. However, in practice, legal writing is rarely conveying the information effectively, regardless its importance: from contracts to legislation, from legal literature to documents submitted in courts one may find imprecise, pompous, leaden legal language. Oddly enough, the inadequacies traverse legal systems, languages and cultures, the critique being uniformly applicable around the world. This study follows the legal writing tradition and advocates the simplification and accessibility of this language.

scholarly journals KAJIAN RELEVANSI DELIK ADUAN PADA IMPLEMENTASI UNDANG-UNDANG HAK CIPTA

2020 ◽  
Vol 32 (2) ◽  
pp. 212
Author(s):  
Fitri Pratiwi Rasyid
Keyword(s):  
Law Enforcement ◽  
Copyright Protection ◽  
Original Work ◽  
Copyright Infringement ◽  
Normative Study

AbstractLaw enforcement efforts against copyright infringement in Indonesia are regulated as a complaint offense under Article 120 of Law Number 28 of 2014 concerning Copyright. Complaint offense implementation had connected with one consideration suggested that the officials having difficulty to distinguish between an original work and a copy. Referring to normative study that has been conducted, the complaint offense is irrelevant since it restricts law enforcement capacity of providing copyright protection. Appropriately, to protect creators and/or copyright holders whose rights have been violated, the officials should take an action without waiting for a complaint about the presence of copyright infringement.IntisariUpaya penegakan hukum terhadap pelanggaran hak cipta di Indonesia diatur sebagai delik aduan berdasarkan Pasal 120 Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Delik aduan berlaku dengan salah satu pertimbangan bahwa aparat penegak hukum kerap sulit membedakan ciptaan yang asli dengan tiruannya. Bersumber pada pengkajian normatif yang telah dilakukan, delik aduan tidak relevan diterapkan karena membatasi ruang gerak penegakan hukum dalam memberikan pelindungan hukum untuk berkarya. Sepatutnya, untuk melindungi pencipta dan/atau pemegang hak cipta yang dilanggar haknya, aparat penegak hukum dapat bertindak tanpa harus menunggu aduan pada pelanggaran hak cipta yang terjadi.

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