The Google conundrum: Perpetrator or facilitator on the net? – Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 – Part I: The Google Images Search Engine

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper will deal with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two that will be published in the subsequent edition of the CLSR will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications - co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes by keeping readers abreast of what is currently happening "on the ground" at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

对我国互联网海外上市潮的几点思考

本文从中国互联网纷纷海外上市的现象入手,分析了外资控制中国互联网的现状、原因和未来,提出高度关注境内互联网纷纷海外上市对我国意识形态和文化安全的潜在威胁。     

Russian revisionism: Holocaust denial and the new nationalist historiography

Holocaust denial has appeared in Russia only recently and has attracted almost no attention in the academic sphere, and relatively little from monitoring organizations. The research for this article - examining the place of Holocaust denial in contemporary Russia - was conducted over three months in Russia and on the Internet. The results indicate that the phenomenon remains of marginal significance and that the majority of material is of western origin. While there are several factors that make the development of Holocaust denial probable - the comparatively high level of antisemitism in Russia, post-Soviet suspicion of historiography and lack of education about the Holocaust - the Soviet war experience and associated anti-Nazi feeling arguably act as restraints on those who would propagate it. Rock concludes that Holocaust-denial material is of less importance than other antisemitic revisions of Russian history that have entered the mainstream of contemporary Russian society.     

互联网时代中国新闻舆论监督的发展态势——基于传媒公共性的考察

自20世纪80年代改革开放以来,中国社会重启了新闻媒体对公共权力的舆论监督之路。进入21世纪,伴随着互联网的普及,新闻舆论监督发展迅猛。客观地说,基于中国持存的"大政府,小社会"的社会结构和"一元体制,二元运行"的媒体制度,在互联网时代,传媒公共性尤其是网络公共性潜能的发挥程度将深刻地规定着中国新闻舆论监督的未来发展态势。     

网络时代加强民主党派宣传思想工作的思考

民主党派宣传思想工作肩负着“内强素质,外塑形象”的重要职责,是民主党派自身建设的重要环节和基础性工程。面对网络时代迅猛发展给民主党派宣传思想工作带来的发展机遇和严峻挑战,要高度强化网络时代做好宣传思想工作的观念和意识,牢牢掌握宣传思想工作的主动权,充分利用网络资源加强民主党派宣传思想工作,增强宣传思想工作的针对性和实效性。     

Data attack of the cybercriminal: Investigating the digital currency of cybercrime

It is increasingly argued that the primary motive of the cybercriminal and the major reason for the continued growth in cyber attacks is financial gain. In addition to the direct financial impact of cybercrime, it can also be argued that the digital data and the information it represents that can be communicated through the Internet, can have additional intrinsic value to the cybercriminal. In response to the perceived value and subsequent demand for illicit data, a sophisticated and self-sufficient underground digital economy has emerged. The aim of this paper is to extend the author’s earlier research that first introduced the concept of the Cybercrime Execution Stack by examining in detail the underlying data objectives of the cybercriminal. Both technical and non-technical law enforcement investigators need the ability to contextualise and structure the illicit activities of the cybercriminal, in order to communicate this understanding amongst the wider law enforcement community. By identifying the potential value of electronic data to the cybercriminal, and discussing this data in the context of data collection, data supply and distribution, and data use, demonstrates the relevance and advantages of utilising an objective data perspective when investigating cybercrime.     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.