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Will Our Law Be Competitive? Some Data Protection Requirements Considered, Jay Forder
Will Our Law Be Competitive? Some Data Protection Requirements Considered, Jay Forder
Jay Forder
[Extract] In a previous issue, we alluded to the analogy between the development of the Law Merchant and modern "cyberlaw". To be competitive and attract merchants in the Middle Ages, a Trade Fair organiser would have to adopt the best trade rules, or develop more efficient ones. The similarities are obvious. Since electronic commerce knows no boundaries, modern merchants will site their businesses where the legal infrastructure is most supportive. Malaysia’s Multimedia Super Corridor is an example of an early attempt to provide such a supportive infrastructure? Any country wishing to be a major player in the digital marketplace will …
Permission To Hyperlink?, Jay Forder
Permission To Hyperlink?, Jay Forder
Jay Forder
Information providers on the web are generally delighted when others create links to their information. With growing commercialisation of the Internet, however, a number of recent disputes have raised issues about linking practices. One of the better known was when Microsoft linked to Ticketmaster’s ‘internal’ web pages rather than their home page (‘deep linking’). Ticketmaster alleged dilution of trademark, misrepresentation, misleading statements, unfair competition and unfair business practices, but the dispute was eventually settled out of court. This and other deep linking disputes are discussed, but it is noted they are unlikely to result in early clarification of the law …