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  • Direitos humanos e novas tecnologias da informação e comunicação: o acesso à internet como direito humano

    Balera, Wagner; Bacciotti, Karina Joelma (Pontifícia Universidade Católica de São PauloPrograma de Estudos Pós-Graduados em DireitoPUC-SPBRDireito, 2016-04-26)
    Made available in DSpace on 2016-04-26T20:23:12Z (GMT). No. of bitstreams: 1 Karina Joelma Bacciotti.pdf: 1230543 bytes, checksum: 68aa10bff481d69398a01856347bce05 (MD5) Previous issue date: 2014-09-10
  • The Concept of Property in the Digital Era

    Merges, Robert P. (Berkeley Law Scholarship Repository, 2008-01-01)
  • Proving the infringement of digital intellectual property rights: Overview of the Anglo-saxon legal system

    Spasić Vidoje; Stevanović Branko (Faculty of Law, Niš, 2015-01-01)
    The multifaceted process of identifying and proving the infringement of intellectual property rights is further complicated and aggravated in the so-called analogue environment. The development of Information Technologies has given rise to a new set of problems. The digital technology has facilitated the infringement of intellectual property rights and additionally aggravated the process of proving these infringements. Hence, it is the duty of digital forensics to identify relevant (valid) evidence and present it in the court of law, which is not an easy task. In that course, the problems are twofold: legal and technical. First of all, the legislation in many countries is not adjusted to resolving the issues constantly emerging in the digital environment and there are apparent differences in the manner of regulating these issues. On the other hand, there is no standardized and unified technology which would provide for a uniform qualification and comprehensive treatment of these issues. Moreover, the place of commission of these criminal offences as a rule does not coincide with the place of occurring legal consequences. Yet, in spite of all these difficulties, there are technological methods and tools which facilitate the detection of cybercrime and provide evidence for securing relevant punishment. In the time to come, the developments in this area are expected to be aimed at strengthening the protection of legitimate interests of holders of intellectual property rights.
  • Copyright Social Utility and Social Justice Interdependence: A Paradigm for Intellectual Property Empowerment and Digital Entrepreneurship

    Mtima, Lateef (The Research Repository @ WVU, 2009-09-01)
    While advances in digital information technology offer extraordinary possibilities for the exploration and exploitation of literary and artistic expres- sion, these advances also present unprecedented opportunities for intellectual property ("IP") empowerment and the achievement of singular milestones in copyright social justice. The ostensible conflict between copyright digital social utility and digital commoditization has engendered a reemphasis upon the social engineering obligations of the copyright law, and a search for copyright policies which will harmonize these corrivallous objectives. Doctrinal constructions of the copyright law which acknowledge the law's congenital social justice charac- teristics, however, can achieve this equilibrium. The revisualization of the copyright law as an engine for the socio- economic advancement of marginalized communities, complimented by a con- comitant respect for traditional copyright property interests, will enhance the application of digital information technology to the cause of intellectual proper- ty development, exploitation, and social empowerment. Such recognition of copyright social utility/social justice interdependence, and the development of affirmative mechanisms designed to promote more equitable access to the copy- right infrastructure and to correct historical problems of copyright social injus- tice, will ultimately produce a more diverse pool of stakeholders in the copy- right property rights sub-regime. Accordingly, the promulgation of "Digital En- trepreneurship" affirmative initiatives to promote grassroots copyright participa- tion and empowerment will not only further the social justice agenda of the law, but will also appropriately preserve its author incentive function and related copyright social utility mechanisms in the digital information age. Responsibly incorporated into the copyright regime, the copyright social utility potential of digital information technology can be fulfilled. A socially balanced approach to digital age copyright reveals intellectual property empo- werment policy initiatives; it further suggests the construction of a fluid com- pulsory license scheme, which should include a flexible royalty scale assessing non-commercial, quasi-commercial, and commercial payment levies, buttressed by an express unconscionablity mechanism, to symbiotically assure a progres- sive response to digital copyright conflicts. "Digital Entrepreneurship" and other copyright social utility/social justice interdependence analyses and stratagems can thus be applied toward easing some specific tensions among modern copy- right constituencies, and bridging contemporary copyright social utility and commoditization interests.
  • Bulk Collection: Systematic Government Access to Private-Sector Data

    Cate, Fred H; Dempsey, James X. (Digital Repository @ Maurer Law, 2017-01-01)
    This book is the culmination of nearly six years of research initiated by Fred Cate and Jim Dempsey to examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Leading an effort sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands on telecommunications providers and other private-sector companies to disclose bulk information about their customers. Their initial research found disturbing indications of systematic access in countries around the world. These data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access. This book contains twelve updated country reports plus eleven analytic chapters that present descriptive and normative frameworks for assessing national surveillance laws, survey evolving international law and human rights principles applicable to government surveillance, and describe oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude by offering recommendations for both governments and industry.

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