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Cyber Law Test 1: (Linking (Allows a user to visit another location on the…
Cyber Law Test 1:
Linking
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Mere creation of a link does not infringe CR- words linked do not constitute a work- generally permission to download the material is part of the implied licence
Example Question: X sets up a homepage for her site with adverts. The homepage also has links to subordinate pages. Y creates a site which links to the subordinate pages effectively bypassing the adverts of X.Known as deep linking- not permissible in terms of the implied license as it results in a loss of revenue and creates the impression that the sites are linked but in reality is not a copyright infringement
Nils Svenssion v Retriever Sverige- website owners can link CR material as long as material freely accessible on those sites. This is the case even if it is framed. Therefore a website makes something available to a new public this constitutes CRI
Framing
Process of allowing a user to view the contents of one website while it is framed by info from another site. May trigger copyright disputes because it gives the illusion that the owner endorses the framer.
Typically a small frame is used on the left and a large one on the right contains the text. When in this form there is no issue as it is more structure. The issue arises when web sites use the info from another site with their logos and adverts
If the operator has made an unauthorised reproduction of original content this if CRI. Exempted if considered a fair dealing. Could still violate trademark infringement
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Copyright Online
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Unlimited number of copies very quickly with almost no quality impact and global results in disruption of traditional markets
Main problem is that IP regulation is national- IP infringements happen in other countries and difficult to identify the infringer
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Remedies
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Disclaimers: predominantly placed disclaimer denying endorsement or waiving liabilty: rarely a cure all but may be a mitigating factor for damages
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