Law Pointers

GOVERNANCE OF THE DOMAIN NAMES SYSTEM AND DISPUTE RESOLUTION POLICIES

The objections of many to US control over the Internet and the functioning of the domain name system, led to the creation of the Internet Corporation for Assigned Names and Numbers (“ICANN”), a not-for-profit entity established by the United States government to remove the DNS from U.S. Governmental control for the benefit of all nations, and to take over many of the management functions of the DNS.

The United States Government, in its June 5, 1998 Statement of Policy on the Management of Internet Names and Addresses (the “White Paper”), called for the privatization of the DNS “in a manner that allows for the development of robust competition and that facilitates global participation in the management of Internet names and addresses.” The need for change in the DNS was seen to arise from 1) dissatisfaction with the absence of competition regarding domain name Registrars; 2) the increasing occurrence of conflicts between trademark and domain name owners, and the fact that the mechanisms for overcoming these were seen as expensive and cumbersome; 3) the call from commercial interests for more formal management of the Internet; 4) increasing desire from non-U.S. interests in participation in the management of various aspects of the Internet; 5) the need for accountability in the decision of whether to add new generic top-level domains (“gTLDs”); and 6) the inappropriateness of U.S. agencies managing and funding commercial enterprises on the Internet.

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Many people are interested in the Fair Use copyright law. The Fair Use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the Fair Use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered Fair Use. In these instances, the Fair Use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications, you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain.

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Free copyright music is often mistaken with free public domain music or music in which the copyright has expired. A copyright is in place for the lifetime of the author plus 70 years. If more than one songwriter has authored the music, then the copyright will be in effect for 70 years after the death of the last surviving contributor.

This copyright law was created to ensure that the heirs of the songwriter would also benefit from the royalties after the music’s writer or composer was no longer living. It is important to remember that these laws are the current laws; music written at different points in time are most likely subject to different copyright laws. When searching for free copyright music it is always a good idea to search through music that is very old rather than focusing your search on more recent musical selections, as they will most likely still be protected under copyright.

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Many people have pursued the hobby of downloading movies and songs on the Internet and sharing them with their friends and family online. However, this is direct violation of U.S. copyright laws. Not surprisingly, the biggest violators of the movie copyright laws are students. The movie industry is sending out copyright infringement claims to college universities around the country. One reason that college students may be the hardest hit is that they are not aware of how serious a crime copyright infringement is.

Many college students who have lawsuits brought against them are shocked, to say the least. They question why they were not warned about the perils of downloading movies and songs online and passing them along to friends. However, with the rise of claims, no one can claim ignorance for much longer. Word is being spread near and far that if you engage in illegal downloading and/or sharing, then you can be brought to court. College students are learning the hard way that it is against the law and in violation of copyright laws to share or download copyrighted material. Many colleges and universities now state in their handbooks that it is against the law to illegally download movies, music and other forms of media using school computers.

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Statistics say that for every idea that you have, 200 people world wide would have the thought of the same idea! So that puts an end to the myth of originality. In such circumstances its always advisable to put your idea in record in your name. So go in for an idea patent. Otherwise you have no claim to ownership of the idea, service or product you’ve worked on.

But unfortunately you can’t just patent your idea. You need a working prototype before it can be patented.

A good idea is usually an improvement on something well-known. A good idea is almost always a solution to a widely known problem. You can set up questions about what people don’t like about the old thing and what kinds of solutions other people have proposed to solve the known problem.

Preliminary steps before applying for an idea patent.

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Here’s what you need to know about trademarks.

Even though all starting businesses need one or more business licenses and tax ids before legally starting business operations, another consideration when starting a business is the trademark of the business name, product or service. After reading this article you will know what is a trademark and whether you need to register one.

What is a Trademark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs. This word, symbol or design identifies and distinguishes a company’s products or services from products and services of another company. Note that a trademark of a product is the mark of the product itself or a mark associated with the offering of a product. Similarly, a trademark of a service is the mark in connection with the services.

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How can someone claim a copyright? Is this a formal procedure or is anything they produce automatically copyrighted?

A copyright is created the minute you complete a creative work - such as poetry, literature, paintings, movies, video games, plays, sculptures, photographs, architectural designs, choreography, DVDs, videos, recorded music, sheet music…..anything creative. A copyright is automatic. It gives the creator of the work exclusive rights over the work, including the right to reproduce it, distribute it, adapt it, or perform it. And the copyright protects the work from being used in any way by anyone else, without permission from the owner of the copyright.

Although a copyright notice affixed to the work is no longer required to have a copyrighted work, it offers some protection - a notice to others that the work is yours.

If the copyrighted work is used by someone else, or infringed upon, the copyright holder can sue for infringement. In order to sue for infringement, however, you must have your work registered with the U.S. Copyright Office. It is a simple procedure.

For more information on copyrights, you can go to the U.S. Copyright Office’s official website: http://www.copyright.gov

Cyber law encompasses a wide variety of legal issues related to use of communications technology. It includes use of Internet as well as any other form of Computer or Digital Processing Devices. It includes intellectual property, privacy, freedom of expression, and jurisdiction.

As the law of Cyber Space, as envisioned by William Gibson in his novel Neuromancer , Cyber Law addresses the issues of Virtual Property and Virtual Persons. It covers rights of Netizens who are the citizens of Cyber Space and regulation of the Cyber Space for a peaceful and harmonious existence of Netizens.

The biggest challenge before Cyber Law is its integration with the legacy system of laws applicable to the physical world.

Since Cyber Space has no geographical boundaries, nor the Netizens have physical characteristics of Sex, Age etc, several conflicts surface when the rights of Netizens are viewed in the eyes of Citizens of a physical space. This is well reflected in the conflict between the Trade mark Laws and system of Domain Names.

There are several countries which have enacted special laws for regulating Cyber Space Transactions of Citizens within their Physical Jurisdiction and these are recognized as the Cyber Laws of the Physical Jurisdiction.

A recent book by Ahmad Kamal entitled “The Law of Cyber-Space” published by the United Nations Institute for Training and Research, argues in favor of starting global negotiations on comprehensive and harmonized laws in this domain. The ultimate solution is to “harmonise” the laws of all the countries by making a compatible and commonly acceptable international treaty safeguarding the cyberspace.

Some call it forum shopping. Others call it preparation. Given the choice, wouldn’t you choose the latter?

When involved in a domain name dispute, you have the opportunity to select the body that will arbitrate the dispute. Because of this, you have the ability to choose the forum in which you will resolve the dispute, just as you would choose the service provider for your mobile number.

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What if I have a website that allows visitors to post stories and their experiences with other companies, can I be held directly liable for their comments if they are damaging?

Yes. You, as the website owner, are directly responsible for all the content on your website. A common myth is that if a disclaimer is posted stating to the effect that the views are not of the site owners but that of the person making the posts that it would relieve the site owner of responsibility. Unfortunately, this is not the case. You can be successfully sued for libel if the posted information is found to be damaging to the opposing party. It would be very wise to consult with a local attorney fluent in internet laws before embarking on such a venture to ensure appropriate protection, and further monitor your site for potentially damaging and untruthful comments that can lead to litigation.