IBLS Internet Law Digital Library
| # | Title / Abstract | Date |
| 1 | 278 - Judicial Interpretation on Computer Network Copyright Issues in the People’s Republic of China
On December 19, 2000, the Supreme Court issued the Explanations on Legal Issues regarding Copyright Dispute Cases relating to Computer Networks (Judicial Explanation).
The main points of the Judicial Explanation are as follows:
· The Copyright Law lists the kinds of works that are eligible for Copyright protection. The Judicial Interpretation clarifies that the scope of protection extends to digital forms of these protected works. Other products of intellectual creation that are not defined in the Copyright Law, but are original creations in literature, art and science and can be duplicated in certain tangible forms, shall also be protected by the People''s Courts.
· Public dissemination of works via the Internet is a form of exploitation under the Copyright Law. The copyright holder is entitled to the rights of such exploitation and to the remuneration through license or similar contractual agreement.
· If a work has been published in newspapers, magazines or disseminated through computer networks and does not bear a "copying or editing is forbidden" statement, a website holder may use that work on its website without the author''s approval, but it must quote the source and pay remuneration to the copyright holder.
· Internet Service Providers (ISPs) who participate in copyright infringement via the Internet, or instigate or assist others in copyright infringement via the Internet, shall be responsible for their share of the infringement.
· Internet content providers (ICPs) shall be liable for copyright infringements of their users, if they are fully aware of such copyright infringement, or despite warnings from the copyright holder who has adequate evidence, fail to take measures such as deleting the content involving copyright infringement. Absent convincing reasons, ICPs must provide data on the suspected copyright violator.
The following questions have been addressed in this article: Case Study Concerning Unauthorized Dissemination of Published Works
Case Study Concerning Copyrightability Of Webpages
Liabilities of ICPs.
Edward E. Lehman
Lehman, Lee & Xu
IBLS Charter Partner View details... | 1/6/2010 11:00:34 AM |
| 2 | 1751 - Another Reason To Go Offshore: Offshore Outsourcing
Offshore outsourcing is a direct consequence of Internet global economy. It is the process by which some of a business’ IT (information technology)-related work is being done in a foreign jurisdiction. There are various reasons why companies chose offshore outsourcing.The following questions have been addressed in this article: What is offshore outsourcing?
What are the consequences of offshore outsourcing?
Why do companies resort to offshore outsourcing?
Is offshore outsourcing always profitable?
What are the trends in offshore outsourcing?
IBLS Editorial Board
Staff Attorney View details... | 2/1/2008 1:36:12 PM |
| 3 | 1503 - China Consumer Protection Act
Consumer protection in China is regulated by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests was adopted on October 31, 1993 and came into force on January 1st, 1994 (the “LPCRI”). The LPCRI enumerates consumer rights and the obligations of business dealers and enjoins state organs to punish the criminal offences of business dealers who violate legal consumer rights and interests.The following questions have been addressed in this article: What are consumers’ main rights under the LPCRI?
What are business dealers’ main obligations under the LPCRI?
What are consumer organizations and what is their role?
How can disputes between consumers and dealers be settled?
IBLS Editorial Board
Staff Attorney View details... | 4/18/2007 8:35:13 AM |
| 4 | 1798 - Prospective Future Of Offshore Outsourcing
Offshore outsourcing has been one of the main trends in the IT industry these recent years and this trend will most likely continue to grow in the coming years. Offshore outsourcing means sending some or all of a business’ IT-related work to a foreign jurisdiction, for cost-cutting purposes. This trend shows specific characteristics, which might translate into interesting new opportunities for e-businesses.
The following questions have been addressed in this article: Is offshore outsourcing expected to develop?
Are there any legislations regarding copyright in offshore outsourcing centers?
What are the trends in offshore outsourcing?
What are the dangers of offshore outsourcing?
IBLS Editorial Board
Staff Attorney View details... | 8/22/2006 12:03:03 PM |
| 5 | 1620 - Asia Pacific Topic: Ict And E-development In Asia And The Pacific
Information and communication technology (“ICT”) are a powerful tool in the fight against world poverty, providing developing countries with an unprecedented opportunity to meet vital development goals, such as poverty reduction, basic health care, and education, far more effectively than before. Studies conducted in several countries of the Asia Pacific region show the great disparity in their preparedness. Some countries have the necessary policies and legislative framework already in place, but very slow implementation progress; others have formulated their policies but are still awaiting adoption; some have ICT plans that are not implemented.IBLS Editorial Board
Staff Attorney View details... | 8/5/2003 12:44:11 AM |
| 6 | 1527 - Registration Of “.cn” Domain Names In China
The registration of China Internet Domain Names (“CIDN”) under “.cn,” the two letter top level code for China, is conducted pursuant to the China Internet Domain Name Regulations promulgated on September 2002 by the Ministry of Information Industry (the “CIDN Regulations.”) There also exists a Dispute Resolution Policy regarding CIDN, issued by China Internet Network Information Center (“CNNIC”) (“the Dispute Resolution Policy.”)The following questions have been addressed in this article: What are the different 2LDs?
How does the registration process work?
What words cannot be used in a domain name?
How does the Dispute Resolution Policy work?
IBLS Editorial Board
Staff Attorney View details... | 5/19/2003 9:37:40 PM |
| 7 | 665 - Routing Systems Force Internet Service Providers To Become Liable For Providing Access To Copyrighted Works Being Illegally Distributed
In an attempt to prosecute internet service providers for copyright infringement liability, the recording industry has sought a court-order as a remedial measure to require these ISPs to block Internet communications to a specified website. This lawsuit will determine the international aspects of copyright law to a foreign website.The following questions have been addressed in this article: What copyright violations are alleged in the complaint?
What about the potential effects of the No Electronic Theft (NET) legislation?
IBLS Editorial Board
Staff Attorney View details... | 8/20/2002 1:22:08 AM |
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