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  [essays and dissertation][Law][Intellectual Property Law]Topics 2 and 3: Intellectual Property legal liability and liability of Information Location Tools论文



论文编号: org200806160910481316
论文属性: assignment guidelines
论文语言:English
论文国家:U.K.
登出日期: 2008-06-16  
字数: 2244
源程序: 无
价格: 免费论文
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论文大纲,目录
关键词搜索:Intellectual Property legal liability    liability   Information Location Tools   
 
sp; Compare this case with the US case of Ticketmaster v. Tickets.com. 
In the Stepstone case of January 2001 an injunction was obtained by Stepstone against deep links to its recruitment site by another on-line recruiter OfiR, on the basis that the linking was an infringement of the database regulations.  In America there have been cases to injunct the use of automated search agents to collect information from other sites, for example prices or items being auctioned by E-bay.com for comparison purposes. See also the case of Ticket Master Corp. v. Microsoft Corp. 
Frame linking is where the link to another website is contained within a frame that obscures the identity of the website since the URL in the address bar does not change, even though the viewer is looking at a new website. There has been no significant decision on the legality of this, although the issues were raised in the case of Washington Post Co. v. Total News Inc in 1997.  Total News, who were framing content from the Washington Post, settled by agreeing not to do so.
Embedded or in-line links similarly obscure the identity of images on a website. Here the internet site contains images or logos from another site and again the user is unaware of this fact. 
Generally, the use of hypertext links may violate the author’s moral rights to the integrity of his or her work and the paternity right of identification. 


Caching
Copying can be committed merely by d英语论文网 【http://www.51lunwen.org】ownloading a webpage. In order to download a web page you must copy it. Further, a server may save or ‘cache’ this for speed if called upon again. In the European Union, Article 5 of Directive 2001/29/EC provides that:
‘Temporary acts of reproduction referred to in Article 2, which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable:
(a) a transmission in a network between third parties by an intermediary, or
(b) a lawful use
of a work or other subject-matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Article 2.’
Article 2 provides for an exclusive reproductive right for authors and producers of copyright work. Article 5 is thus the exception to this rule. 



Domain Names, Cybersquatting and Typosquatting
Domain names simplify the process of finding internet addresses. There is a distinction between Generic Top Level Domain Names (gTLD) - .com .org .net .net .edu .gov .mil .int and the new gTLDs of . aero .coop .museum .name .pro .biz .info and the Country Code Top Level Domain Names (ccTLD) - .uk .tv .au .za
The gTLDs are subdivided into unsponsored gTLDs which function under ICANN policies and sponsored gTLDs which are specialised gTLDs that relate to a specific community. New proposed sponsored TLDs include .mobi for mobile and .jobs for employment sites.  The domain names 本文来自:英语论文网 【http://www.51lunwen.org】

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