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Full-Text Articles in Law

The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer Oct 2007

The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer

Matthew Rimmer

This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural …


An Overview Of The Broadband Market In Thailand, Tanit Follett Aug 2007

An Overview Of The Broadband Market In Thailand, Tanit Follett

Tanit Follett, J.S.D.

Thailand’s telecommunications sector is not fully transformed from monopolistic telecommunications markets into competitive one. The establishment of National Telecommunications Commission (“NTC”), an independent telecommunications regulatory agency, in 2004 has brought about the goal of creating a level-playing competition among incumbents: state enterprises, concessionaires, and new entrants. However, it becomes more challenging for NTC to achieve that goal when the concession agreement still exists. This fundamental problem has a direct impact on residential broadband Internet access as its system architecture relies heavily on fixed-line telecommunications network. The lack of enforcement by regulator and uncompromising attitudes between state enterprises and concessionaires are …


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


Section 512 In The Educational Context, Laura Quilter Jul 2007

Section 512 In The Educational Context, Laura Quilter

Laura Quilter

No abstract provided.


Electronic Government And Digital Inclusion: Examples From India, Subhajit Basu Jun 2007

Electronic Government And Digital Inclusion: Examples From India, Subhajit Basu

Subhajit Basu

This presentation has two parts: In the first part I look into Development, effect of technology on development, obviously technology provides opportunity to have choices but Can Technology (here ICT) influence development? Digital inclusion is a concept about the disparities in terms of citizens’ participation in the Information Society. This participation may be conceptualised in the first instance as ICT access, levels of use and use patterns. On one hand we have technology which promises of New Dawn for the developing countries, on the other hand only access to technology will not provide development for poor millions of a developing …


Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García May 2007

Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Segundo Congreso Nacional de Organismos Públicos Autónomos. "Autonomía, Profesionalización, Control y Transparencia"


Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva May 2007

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


La Contractualisation De L'Utilisation Des Oeuvres Et L'Expérience Belge Des Exceptions Impératives, Severine Dusollier Jan 2007

La Contractualisation De L'Utilisation Des Oeuvres Et L'Expérience Belge Des Exceptions Impératives, Severine Dusollier

Severine Dusollier

No abstract provided.


Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier Jan 2007

Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier

Severine Dusollier

Property and exclusivity are at the core of the intellectual rights. Traditionnally, copyright or patent rights are seen as tools to exclude others. Oddly enough, copyright and patent holders have started to engage in non-exclusionary practices through open access, open source or open licensing schemes. By using exclusivity not to exclude others but to include them, to share and socialize intellectual property, by giving rights to use, reproduce, modify and distribute works or inventions, those mechanisms reverse the traditional narrative of intellectual property and introduce commons features within the exercise of the right itself. Interestingly, such licensing schemes are based …


On Virtual Worlds: Copyright And Contract At The Dawn Of The Virtual Age, Erez Reuveni Jan 2007

On Virtual Worlds: Copyright And Contract At The Dawn Of The Virtual Age, Erez Reuveni

Erez Reuveni

This Article argues that copyright law can and should apply to artistic and literary creations occurring entirely in virtual worlds. First, the Article introduces the concept of virtual worlds as places millions of people visit not only for entertainment but also for life and work. Second, the Article reviews the philosophical justifications for copyright, examines objections to applying copyright to virtual, rather than real, creative works, and concludes that neither precludes copyright for virtual creations. Third, the Article articulates how copyright law would function within virtual spaces and reviews copyrightable creations from the perspective of both game developers and players. …


Intellectual Property And Free Speech In The Online World: How Educational Institutions And Other Online Service Providers Are Coping With Cease And Desist Letters And Takedown Notices, Laura Quilter, Marjorie Heins Jan 2007

Intellectual Property And Free Speech In The Online World: How Educational Institutions And Other Online Service Providers Are Coping With Cease And Desist Letters And Takedown Notices, Laura Quilter, Marjorie Heins

Laura Quilter

Study of educational institutions and online service providers (Internet service providers) and their responses to cease and desist notices.


Chapter 9 - Incorporation Of Terms, Eliza Mik Dec 2006

Chapter 9 - Incorporation Of Terms, Eliza Mik

Eliza Mik

No abstract provided.


Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague Dec 2006

Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague

Robert Sprague

No abstract provided.


Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague Dec 2006

Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague

Robert Sprague

No abstract provided.


From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague Dec 2006

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague

Robert Sprague

No abstract provided.


Chapter 10 - Electronic Assent, Eliza Mik Dec 2006

Chapter 10 - Electronic Assent, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 11 - Conclusions, Eliza Mik Dec 2006

Chapter 11 - Conclusions, Eliza Mik

Eliza Mik

No abstract provided.


Thesis - Abstract, Eliza Mik Dec 2006

Thesis - Abstract, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 5 - Offer And Acceptance, Eliza Mik Dec 2006

Chapter 5 - Offer And Acceptance, Eliza Mik

Eliza Mik

No abstract provided.


Contract Formation In Open Electronic Networks - Chapter 1 Introduction, Eliza Mik Dec 2006

Contract Formation In Open Electronic Networks - Chapter 1 Introduction, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 2 - The Technological Premises, Eliza Mik Dec 2006

Chapter 2 - The Technological Premises, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 7 - Determining "Dispatch" And "Receipt", Eliza Mik Dec 2006

Chapter 7 - Determining "Dispatch" And "Receipt", Eliza Mik

Eliza Mik

No abstract provided.


Chapter 4 - Identification And Attribution, Eliza Mik Dec 2006

Chapter 4 - Identification And Attribution, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik Dec 2006

Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 3 - From Automation To Autonomy, Eliza Mik Dec 2006

Chapter 3 - From Automation To Autonomy, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 6 - Effectiveness Of Acceptance, Eliza Mik Dec 2006

Chapter 6 - Effectiveness Of Acceptance, Eliza Mik

Eliza Mik

No abstract provided.


Authorship In The Age Of The Conducer, Erez Reuveni Dec 2006

Authorship In The Age Of The Conducer, Erez Reuveni

Erez Reuveni

The age of centralized information production is over. Today, countless creative enterprises involve decentralized collaboration by hundreds of end-users. Yet, the Copyright Act's last major revision occurred over thirty years ago, when a centralized, corporate model of production was the primary means of delivering information products on a mass-market scale. This Article contends that several features of the Copyright Act, remnants of this earlier corporate-driven era, are outmoded and fail to offer optimal incentives for the decentralized, non-profit-driven model of creative production utilized by many in the software and information-production fields. Specifically, the Copyright Act assumes creativity stems from the …


The Fourth Amendment Status Of Stored E-Mail: The Law Professors’ Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia Dec 2006

The Fourth Amendment Status Of Stored E-Mail: The Law Professors’ Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia

Susan Freiwald

This paper contains the law professors' brief in the landmark case of Warshak v. United States, the first federal appellate case to recognize a reasonable expectation of privacy in electronic mail stored with an Internet Service Provider (ISP). While the 6th circuit's opinion was subsequently vacated and reheard en banc, the panel decision will remain extremely significant for its requirement that law enforcement agents must generally acquire a warrant before compelling an ISP to disclose its subscriber's stored e-mails. The law professors' brief, co-authored by Susan Freiwald (University of San Francisco) and Patricia L. Bellia (Notre Dame) and signed by …


A First Principles Approach To Communications' Privacy, Susan Freiwald Dec 2006

A First Principles Approach To Communications' Privacy, Susan Freiwald

Susan Freiwald

Under current doctrines, parties to a communication enjoy robust constitutional protection against government surveillance only when they have a reasonable expectation of privacy in those communications. This paper suggests that the surprising dearth of case law applying the reasonable expectations of privacy test to modern electronic communications reflects courts' discomfort with the test's necessarily normative analysis. That discomfort also likely explains courts' use of shortcuts based on Miller v. United States and Smith v. Maryland in those few cases that have considered online surveillance practices. In particular, the government has argued that a broad third party rule deprives electronic mail …


Book Review Of Music Distribution On The Internet, Jeremy De Beer Dec 2006

Book Review Of Music Distribution On The Internet, Jeremy De Beer

Jeremy de Beer

No abstract provided.