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Full-Text Articles in Computer Law
'Canada' In Electronic Evidence, Steve Coughlan
'Canada' In Electronic Evidence, Steve Coughlan
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Canada is a bilingual and bi-jurisdictional country. Most provinces and territories are mainly English speaking and have common law as the basis for their legal system. The exception is the province of Quebec which is governed by civil law and where the majority speaks French. However, it must be noted that Quebec civil law has been substantially affected by common law, in particular with respect to discovery rules. The latter are closer to common law discovery rules than they are from, for instance, French civil law. Another important factor for the review of the management of digital evidence in Canada …
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Ira Steven Nathenson
This paper on domain names disputes has two main goals. The first is to analyze the principal points of litigation in domain name disputes, namely, personal jurisdiction and trademark liability. The second is to propose an analytic framework to better help resolve matters of jurisdiction and liability. Regarding personal jurisdiction, domain names are problematic because an internet site can be viewed almost anywhere, potentially subjecting the domain name owner to suit everywhere. For example, should a Florida domain name owner automatically be subject to suit in Alaska where the site can be viewed? If not, then where? Regarding liability, trademark …