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  • Cyber Law in Hong Kong (2nd ed.)

    Zhao, Y (Kluwer Law InternationalAlphen aan den Rijn, The Netherlands, 2014-08-21)
    This book was originally published as a monograph in the International encyclopaedia of laws/cyber law
  • The critical factors of e-government adoption : an empirical study in the Saudi Arabia public sectors

    Brunel University; Zairi, M; Alshawi, S; Altameem, Torki Abdulaziz (2007)
    This thesis draws on electronic government (e-govemment) policy formulation, implementation and execution. IT has been enthused by the perceived lack of a model for e-government in Saudi Arabia public sectors. A model for e-government implementation is developed for Saudi Arabia. It examines critical factors that have impacts on e-government implementation in Saudi public sectors by collecting and analysing data in both quantitative and qualitative approaches, and further presenting an extensive review on literature. This exercise is significant, to avoid the pitfalls of imposing universal approaches to research and policy practices. The conclusions and recommendations of this research are significant for both practitioners, in providing guidelines for e-government implementation, and scholars, in suggesting further research in the new area of e-government.
  • Give the Smaller Players a Chance: Shaping the Digital Economy through Antitrust and Copyright Law

    Rogers, Douglas L. (Marquette Law Scholarly Commons, 2001-01-01)
    In this article, Mr. Rogers examines the tension in the digital world between the application of (a) antitrust law, which promotes competition and (b) copyright law, which limits competition in order to promote progress in science and art. He reviews the prohibitions against the exercise of monopoly power in section 2 of the Sherman Act (15 U.S.C.) and proposes a test for anti-competitive conduct that includes close scrutiny of the contract restrictions and marketing practices of those that have significant market power. Arguing that product design decisions are not immune from antitrust review, he proposes examining alleged efficiency justifications for such decisions by companies with market power in order to rule out duplicitous anti-competitive activity under the guise of product improvement. Mr. Rogers also discusses the limited monopoly granted by copyright law and the copyright holder's exclusive right to duplicate protected works. He applies principles such as fair use to the digital environment and concludes that some activities like reverse engineering to achieve compatibility or limited modification of computer screens should be allowed. He explores prohibitions against such practices in software licensing agreements and recommends that the courts distinguish between companies that have significant market power and those who do not when deciding whether to proscribe such contractual prohibitions. He examines the limitations on access in the Digital Millennium Copyright Act and case law that has begun to grapple with how that Act should be applied to equipment and software that have infringing and non-infringing uses. He concludes that copyright and antitrust law should be applied to promote access in the digital world, in spite of that Act and efforts by dominant companies to control competition.
  • The Use of Technology by Gold Coast Legal Practitioners

    Lauren Joy Jones; Ashley Pearson (Queensland University of Technology, 2020-01-01)
    Digital technology is inexorably changing the landscape of law. From the adoption of sustaining technologies, which enhance the productivity and efficiency of the traditional law firm, to the creation of disruptive technologies, which fundamentally challenge the established forms of the legal profession, the digitalisation of the legal sphere opens up new spaces and structures of legal practice that challenge the form of traditional law firms. Existing literature on the digitalisation of law paints a narrative of technological resistance by traditional law firms, suggesting that BigLaw firms are defensive of the power and status that the current model affords them. However, in reality, the wealth and expanse of BigLaw firms allow them to freely invest in and create new technological innovations. Recent Australian research places BigLaw firms at the forefront of adopting digital technologies into the legal market, leaving behind small and medium-sized legal firms as the victims of digital disruption rather than as technological adopters or beneficiaries. 
 This article stands in contrast to the literature on traditional small and medium-sized firms, arguing that lawyers from such firms in Australia are not only embracing the use of technology but are also actively engaging in the digital transformation of legal practice. It presents qualitative findings from a 2018 study that involved open-ended interviews with nine lawyers from the Gold Coast, Australia on their use and adoption of digital technologies in their professional legal practice. Through unpacking these findings, this article demonstrates a new perspective of small and medium-sized traditional legal firms in which they do not resist law’s digital future but instead embrace it.
  • Speech and Institutional Choice

    Nachbar, Thomas B. (Washington University Open Scholarship, 2006-01-01)
    Even if an authoritarian state cannot successfully control all of the conduits by which information crosses its borders, successfully targeting a few of the largest ones is likely to bring enough of a return to justify the effort, a point at the heart of John Palfrey and Robert Rogoyski’s Essay for this conference. What is true of states and regulation for political gain will be true of private interests and regulation for financial gain. Control over the means of creating and sharing the digital content would provide any firm substantial rents, either in the form of higher prices or by favoring its own content or associated technologies. The pervasive presence of network effects—both actual and virtual—in digital technology markets suggests that such private actors are likely to enjoy considerable regulatory control over particular technologies once dominated, and there is every reason to believe that such control, once vested, will be employed to the benefit of those who hold control and to the detriment (or, at the very best, indifference) of those who do not. The likely result is both wealth transfer to those who control particular digital technologies and, as a consequence of their vested interest in maintaining that control, the retardation of future technological development.

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