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7.1
General Research Areas
1. Conceptualising the digital environment: evaluate
the kinds of analogies the courts apply to progress
the development of intellectual property laws in cyberspace.
2. Evaluate the various approaches to regulating
cyberspace.
3. Discuss either the protection of the public domain
or privacy with respect to the sociology of software.
4. Debate the need to regulate Internet content.
5. Cyber-jurisdiction: discuss choice of law, jurisdiction
and the Internet, with reference to both case law
and future policy as evidenced by the Draft Hague
Convention.
6. The resolution of disputes concerning Internet
domain names.
7. Patents in cyberspace: Electronic Commerce and
Business Method Patents.
8. The protection of informational products through
unjust enrichment law.
9. Jurisdiction and choice of law concerning defamation
in cyberspace.
10. Assess the work of UNCITRAL in developing global
laws for electronic contracts and digital signatures.
11. The impact of copyright law on the science of
cryptography.
12. Privacy and the Internet.
13. The regulation of spam.
14. Discuss the extent of liability of Internet service
providers for copyright infringement.
15. Free speech, the Internet and intellectual property.
16. Electronic commerce and intellectual property.
17. Self-help and electronic rights management systems.
18. Microsoft and principles of competition law for
informational products.
7.2 Specific paper topics
1. In July 2001 newspapers reported that a Russian
computing student, Dmitry Sklyarov had been arrested
under US copyright laws while attending a "hackers'"
convention in Las Vegas for allegedly creating a program
to circumvent the copyright protection on one of the
Adobe company's products. Offer a critical evaluation
of the anti-circumvention provisions of the Digital
Millennium Copyright Act. In your view does it provide
a constructive balance between copyright and user
access to public domain information
2. Critically evaluate the current provisions for
the reverse engineering of computer software.
3. Do you consider the Motion Picture Industry should
be able to use the Digital Millennium Copyright Act
to defend the regional encryption of movies on DVD
(digital versatile disk)? Give a reasoned view after
setting out the arguments for both industry and consumer.
4. Discuss the interrelationship between copyright
and contract in the shrinkwrap and click-on licensing
of computer software.
5. Debate the merits of the expanded trade secret
protection provided by the Economic Espionage Act
1996 in relation to the software industries.
6. We now have a sizeable literature on the sociology
of software. To what extent should international intellectual
property law for the protection of software and databases
take account of its implications for the information
society?
7. Neither TRIPS nor the WIPO Copyright Treaties
contain specific provisions governing the scope of
public domain rights in the access and use of information.
Is such a development desirable? Discuss your view
of the matter with reference to the United States
and at least one other major jurisdiction.
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