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 II: The Google Books Search Project

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private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense)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 published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two 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.     

Asia-Pacific news

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications’ industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Asia-Pacific news

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications’ industries in key jurisdictions across the Asia-Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Asia-Pacific news

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications’ industries in key jurisdictions across the Asia-Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Webcasters’ protection under copyright – A comparative study

This paper studies the fourth generation ‘peer-2-peer’ (P2P) file sharing technology which is also known as streaming technology from the technology point of view. It critically analyses the nature of streaming technology and assesses similarities to broadcasting for the purpose of copyright protection in the name of webcasting. In addition, it considers the possibility of protecting webcasting within the framework of broadcasting under copyright and the extent of broadcasters’ rights applicable to webcasters. Based on the conclusions derived from the discussion of UK, New Zealand, Italian and US law on streaming, WIPO Standing Committee on Copyright and Related Rights (SCCR) draft documents will be critically analyzed. The Last part of this work will offer suggestions as to how to protect webcasting (streaming technology) under the umbrella of copyright.     

浅谈校园网的总体设计

校园网建设,简而言之是将校园内各种不同应用的信息资源通过高性能的网络设备相互连接起来,形成校园园区内部的Internet系统,对外通过路由设备接入广域网。在这些网络基础上,形成在校园内部、校园与外部进行信息沟通的体系,建立满足教学、科研和管理需求的计算机环境,为学校各种人员提供充分的网络信息服务,在网络环境中进行教学、研究、收集信息等工作。     

自治与立法的双重逻辑:法律多元理论视角下的互联网发展——360和腾讯纠纷案引发的思考

360和腾讯纠纷案提供了分析网络立法与网络自治的绝佳样板。网络立法与网络自治的冲突以鲜明方式体现出来,探究两者共存的基础显得必要而紧迫。法律多元理论为两者的协调发展提供了基础。在法律多元理论视角下存在自治与立法的双重逻辑,一是网络立法是优先法益立法,也是有限立法,法益标准的确定是网络立法的前提;二是为解决网络自治与网络立法的现实冲突,部分赋予网络自治规则予以习惯效力,促使网络规则向法律规则的转化,亦是互联网发展的有效途径。但转化过程中应当注意网络自治规则的普适性与实用性,防止垄断性企业对网络自治规则的滥用。     

“Capacity‐building” in global Internet governance: The long‐term outcomes of “multistakeholderism”

“Capacity building” is a catch phrase from the UN development discourse. In recent years, it has entered the global Internet governance (IG) arena. At World Summit of the Information Society (WSIS 2003), “capacity building” was identified as a key public policy issue. It is proposed in this study that ‘capacity building’ be defined in a different manner – as the principal outcome of the experimental multistakeholder (MSH) process in global IG. The open and inclusive process of stakeholder deliberation leads to accumulation of intellectual capital, development of relational infrastructure for the domain (epistemic community), and emergence of common global consciousness. When cast as a capacity‐building process, MSH collaboration at global Internet governance arenas exhibits long‐term and large‐scale intangible outcomes. This study contributes to the understanding of the capacity‐building potential of MSH collaboration in IG. By employing concepts from International Relations and Organizational Learning, the author develops a model of tangible and intangible outcomes of MSH collaboration. This unique model can be used for studying the effects in other stakeholder venues of governing global resources and processes.     

The challenge of cyber attack deterrence

National security planners have begun to look beyond reactive, tactical cyber defense to proactive, strategic cyber defense, which may include international military deterrence. The incredible power of nuclear weapons gave birth to deterrence, a military strategy in which the purpose of armies shifted from winning wars to preventing them. Although cyber attacks per se do not compare to a nuclear explosion, they do pose a serious and increasing threat to international security. Real-world examples suggest that cyber warfare will play a lead role in future international conflicts. This article examines the two deterrence strategies available to nation-states (denial and punishment) and their three basic requirements (capability, communication, and credibility) in the light of cyber warfare. It also explores whether the two most challenging aspects of cyber attacks – attribution and asymmetry – will make cyber attack deterrence an impossible task.     

An ID card for the Internet – The new German ID card with “electronic proof of identity”

The personal ID card is a document carried by most Germans, but rarely used. This could change in the future: According to the new law on identification cards and electronic proof of identity (Gesetz über Personalausweise und den elektronischen Identitätsnachweis, PAuswG), the ID card, with its proof of identity, will gain a new functionality, making it applicable for diverse Internet transactions. Functionally, the electronic proof of identity corresponds to existing non-electronic personal proof of identity guidelines in legal and business connections. However, its concrete, technical application opens up many issues regarding contracts and data privacy laws. On both the legal and the technical level, the German approach departs from other European countries, as it strictly distinguishes the electronic proof of identity from the electronic signature function, which the new ID card also provides. It remains to be seen whether the various projects of the EU Member States will become legally and technically interoperable in the near future.