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  • Reforming Copyright Law in the Digital Age: a Comparative Study of the Legal Resolutions on P2P Transmission Between Taiwan and the United States

    Chiu, I-Hsien (GGU Law Digital Commons, 2008-04-04)
    Adjusting legal system of copyright is vigorously in need in the twenty-first century. The abuse of technology has severely damaged the copyright-related industries not only in Taiwan, but also in the United States. Indeed, the lawsuits filed against modern P2P transmission are fairly unprecedented to courts when facing the tension between copyright holders and technology innovators. Therefore, the technological changes provide an enlightened motivation to develop the analysis on whether the approach that legislators and courts take would harmonize private property rights and public interests. Through the arguments, there are meaningful goals the study attempts to achieve. It is essential for the study to make clear the historical contexts of copyright which provides a broad view on how the new technology impact copyright law. The study would also propose a deliberate suggestion for Taiwanese government by virtue of analyzing and weighting the pros and cons of amendments for digital technology. Particularly, Taiwan is the first country embodying opinions of Grokster case in domestic copyright law; therefore, the comments on the appropriateness of the legislation would be highlighted hereby. The subjects cover the elements, policies and effects of the enactment. It is certainly meaningful to make such comparison in depth to identify the potential result of the future Taiwanese court's decisions relating to its recently adopted articles. Therefore, all we discuss will benefit the Taiwanese legislative in the future.
  • Neighborhood Watch: The Negation of Rights Caused by the Notice Requirement in Copyright Enforcement Under the Digital Millennium Copyright Act

    Folawn, Colin (Seattle University School of Law Digital Commons, 2003-01-01)
    Part II of this Comment explains why the DMCA was created, beginning with a brief discussion of modern copyright justifications. Part III lays out the mechanics of the notice requirement and the safe harbor protection for ISPs. Part IV focuses on inconsistencies among the courts and the enforcement dilemma posed by the DMCA. Part V proposes a different standard for the initial notice, encouraging ISPs to work cooperatively with independent copyright holders. This part includes a preview of services and software that exist and that are being developed to ease the burden of finding and managing digital content. Finally, Part VI analyzes the benefits and burdens created by the Proposal and addresses possible counterarguments that would likely be posed by the various stakeholders, and Part VII presents concluding remarks.
  • Re-imagining the Principle of National Treatment: Addressing Private International Law Issues in Copyright Infringement in the Internet Era

    Ramesh, Ragavi (Scholarship@Western, 2015-08-18)
    This dissertation examines the principle of National Treatment enshrined in international copyright treaties to address private international law issues in copyright infringement occurring over the Internet. The thesis provides a brief overview of private international law and analyzed the principle of National Treatment as a private international law rule determining jurisdiction and applicable law. The primary case studies in the thesis include an analysis of the rules adopted in copyright disputes by courts in England, France, the United States and Canada in the pre- and post-Internet contexts, as well as a discussion of the European Union as an exception to these rules. The thesis concludes with the finding that the principle of National Treatment ensures that no conflict occurs in terms of either jurisdiction or applicable law, and courts need not develop private international law rules specifically to combat copyright infringement occurring over the Internet.
  • La rilevanza giuridica dell’utilizzo extralavorativo dei social network da parte del lavoratore

    Francesco Fameli (Consiglio Nazionale delle Ricerche (CNR), 2019-07-01)
    Negli ultimi anni, la diffusione capillare dei social network ha ridefinito i termini di tutte le relazioni sociali. Il rapporto di lavoro non poteva restarne escluso. L’analisi della casistica giurisprudenziale porta a constatare l’utilizzabilità dei dati condivisi, a meno che questi non siano veicolati da messaggi privati o filtrati da specifiche autorizzazioni. Sul piano normativo, l’obbligo di fedeltà di cui all’art. 2105 c.c., unito alla buona fede oggettiva, rappresenta la porta di accesso alla rilevanza giuridica dell’utilizzo extralavorativo di questi strumenti. Il contemperamento tra il vincolo fiduciario ed i diritti della persona costituzionalmente garantiti poggia su limiti formali e sostanziali, nonché sul criterio di proporzionalità, il cui dosaggio è rimesso prima all’impresa e poi al giudice. In questo contesto in evoluzione, le norme interne all’impresa sono chiamate a svolgere il ruolo centrale di guida per le parti, oltre che di ausilio per il giudice, troppo spesso chiamato a pronunciarsi sulla base di mere clausole generali.
  • Personal Decision Factors Considered by Information Technology Executives: Their Impacts on Business Intentions and Consequent Cloud Computing Services Adoption Rates

    Smith, Marcus Lee, Jr (The Athenaeum, 2016-12-01)
    During its infancy, the cloud computing industry was the province largely of small and medium-sized business customers. Despite their size, these companies required a professionally run, yet economical information technology (IT) operation. These customers used a total value strategy whereby they avoided paying for essential, yet underutilized, resources (e.g., full-time IT personnel and computing equipment with excess capacity) by outsourcing most, if not all, of their entire IT function. Since that time, the cloud industry has expanded the breadth of its service offerings greatly and the economies of scale have reduced the unit price point. In addition, research suggests other factors are believed to exist that make a decision to execute a wholesale “rip and replace” of legacy systems difficult for today’s IT executives. Accordingly, this study sought to identify factors that affect the decision-making process of IT executives when evaluating conversions of applications to cloud-based solutions. While theories such as diffusion of innovation (DOI) theory, transaction cost theory (TCT), and agency theory influenced this research, motivation theory and the technology, organization, and environment (TOE) framework made the greatest contributions to the foundation of the study. The exploration of personal factors that influence current business intentions to adopt cloud computing services is an important research topic for several reasons. There is an implication of a strong academic and industry interest in the area from the considerable research conducted and published concerning IT strategies related to cloud computing. Most prior research has been limited to the benefits and basic strategies behind cloud computing and related operational and financial considerations. Nuseibeh and Alhayyan’s (2014) recent extensive literature review identified personal factors that contribute to the adoption of cloud computing services as a gap in current research. Prior research has not explored the personal challenges and barriers to broader acceptance of cloud technology. Furthermore, little research has addressed the specific barriers to acceptance or the specific factors considered in the decision-making process. This study found several personal decision factors influence the decisions of IT executives regarding the selection of cloud computing services. Data collected from 189 respondents supported five of the seven hypotheses. These hypotheses state that advancement, recognition and satisfaction from accomplishments, top management support, diminishment of personal image, and pattern of technology readiness have a positive influence on business intentions to adopt cloud computing services. The diminishment of personal image finding in the current study warrants additional research to gain an understanding of its business implications. These results may provide insights into the challenges sales organizations that cloud computing service providers face when attempting to market their offerings. Proposals that include strong, viable provisions for mitigating risks (e.g., assigning an experienced project manager to the migration project, means for ensuring data security, provisions for thorough system and performance testing, etc.) have a greater likelihood of acceptance by IT executives. The constructs in this research also contribute additions to the nomological network (a creation of Cronbach and Meehl [1955]) that may support future research into personal influencers of new technology decisions.

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