Sunday, 22 April 2012

Internet Copyright Laws and Why They Don't Always Work

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Laws and regulations are an integral part of modern society, and they have been with us for a very long time, many centuries to be exact, giving us a guide to follow and conventions to respect. Well, the Internet has also become an integral part of modern society, and it's no wonder that many countries all around the world are trying to create Internet or Cyber laws that will govern everything we do online. One of the most important Internet laws is in fact the Internet Copyright Law, and here will be discussed how it works in some detail.

The US Internet Copyright Law
Everything created on the Internet after the date of April 1 1989 is protected under the American Internet Copyright Law. This can in many cases probably be difficult to understand, but the fact is that if you come from the USA, and you have created something and uploaded it on the World Wide Web is the last 20 years or so, this work of your is protected, and it cannot be stolen by anybody. However, this is true only in theory.

The Problems with the Internet Copyright Law
Yes, it is true that you hold all rights to your work as the original author ever since your work has seen the light of the Internet day. Yes, it is also true that you have the right to take action if someone happens to steal your original work from the Web. However, the problem arises when there is more than one country involved in this process. Namely, if you are an American, and your work has been illegally downloaded by a person from let's say Albania, there's probably nothing you'll be able to do about it. The reason for this is the fact that most countries don't have any rules or regulations regarding the Internet, so even though you might know exactly who stole your work, in many cases you will not be able to act on this fact.

Another important issue related to the Internet Copyright Law is the fact that you often cannot know who violated the law, meaning that there are ways to steal your work from the Internet without you knowing who was actually responsible. For example, modern technology can, by tracing IP addresses, tell you where the person who stole your work was, but can never tell you exactly who this person is.

The Internet Copyright Law and Plagiarism
Plagiarism is another interesting subject related to the Internet Copyright Law, as in many cases it cannot be proven. For example, if you have taken a photograph and uploaded it to the Web, and if someone took this photo without crediting you as the original author, then you can make this person remove the photo, or even sue the person. However, if you have written an original article, for instance, and uploaded it on the Internet, you cannot do anything if someone read your article and steals the idea, even though plagiarism is actually defined as using someone else's words, quotes or even ideas as their own.

You can read more Internet Articles at the ISP 1 Internet blog:

http://isp1.us/blog/


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Cyber Law - Important Points You Should Always Keep In Mind

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Having practice internet law for well over 10 years, I've come to realize I'm not getting any younger. Fortunately, the passage of time has also brought at least some wisdom when it comes to understanding where many sites go wrong from a legal perspective. In this article, let's take a look at a few of the common ones in the hope that you don't run afoul of them.

Images and Content

Oh, the mighty temptation. The web has made everything so easy, perhaps too easy in many circumstances. The fact that you can highlight something, copy it and then paste it onto your site does not mean you should. Most people know about copyright if only because they received a nasty letter for downloading their favorite music for free. Well, it is a nasty area and one you can really get into trouble with. If you use someone's image without permission, then the statutory damages under the law can be as high as $70,000 an image. Since nobody copies just one image, the numbers can grow quickly. There are plenty of free content sites out there, so don't make this mistake.

Email Agreements

Nothing drives me nuts more than email agreements. This is the digital version of the handshake agreement in the brick n' mortar world. Two parties negotiate out a deal by passing emails back and forth or instant messaging. They then go into business together. Something changes with the search engines, product or whatever and suddenly they have very differing views on how things should work. A dispute arises. Guess what? The terms you discussed via email or chatting don't mean anything. Instead, you end up in court with a 60 year old judge who can barely turn on his computer deciding how to distribute the content of your site. It usually ends in tears, so don't make this mistake. Get everything in a contract up front. If the other party doesn't want to put it in writing, that should tell you something!

Burning Bridges

I have to admit I have never seen a field where more people burn bridges than the online business industry. While it can sometimes become a legal issue, it is mostly a practical one. Are you nuts? Why do this? There is an old saying that you should be nice to the people you pass when climbing up the business ladder because you'll be seeing them again when you are on your way back down. A lot of people are learning this now given the horrors of the Great Recession. Just because you are on the web, you shouldn't go with a scorched earth policy. Leaving people with a bad impression can come back to haunt you in the future...a future where you might just need a break or a job.

The internet has created an entirely new medium for business. All and all, the digital revolution has been pretty amazing. You should partake of it. Just make sure you don't leave yourself open to legal or practical problems.

Richard A. Chapo is an internet law attorney with SanDiegoBusinessLawFirm.com.


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Cyber Crimes and the Law

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Defining Cyber crime is not so simple and perhaps that is why there has not been a single definition that is collectively approved by all the law enforcing bodies. However, the below mentioned definition is a commonly accepted and generally used definition by Various US law enforcing bodies:

"A criminal offense in which the computer is involved as an object of crime or as a tool for committing an offense's material component."

If you find yourself under criminal investigation for cyber crime then you should definitely seek legal advice. It is always better to have some knowledge about the law and crime that you are dealing with in order to save yourself from any unjust or undeserving sentences. Further, it will help you in avoiding any activity that may break the cyber law and put you in trouble.

Some of the most common and well defined internet crimes are:

Child pornography: Online predators targeting children are in the top hit list of FBI. Child pornography is considered a very serious crime and even the possession of one such picture can land you in prison for five years. According to 18 U.S.C 110, Sexual Exploitation and Other Abuse of Children, the punishment for such a crime can be up-to 15 years in federal prison.
Cyber stalking: Like the stalking in the real world, people can also stalk others over internet. Cyber stalking falls under the category of harassment and is a punishable offence.
Scams and fraud: Fraud is actually a very broad term and covers a lot of different actions and activities. Basically, these crimes are dishonest acts which are done in order to gain monetary benefits.
Trademark violations: Like it sounds, the trademark violations are those crimes where the registered trademark of one business is used by some other third party over the internet, with or without intent.
Copyright violations: Copyright violations are perhaps the most common online activity. Copying content from any other source on the internet and using it for personal purpose without citing and linking to the source is considered as copyright violation.
Computer and network hacking: These are the cyber crimes which are related to computer as well as network dealings. Such crimes include hacking, website defacing, creating and distributing computer viruses maliciously etc.
Credit card hacking: Credit card hacking also falls under fraud cases but it is now a very common crime therefore we would point it out separately. The credit card information of users is retrieved and hacked by unauthorized personals who intend to use it for personals gains.
Bank account hacking: Just like credit card hacking, the bank card hacking also involves access of bank account information of users. This information is then usually used for transferring funds to other accounts.

The first law against cyber crime was enacted in 1984 and was called "The Computer Fraud and Abuse Act". CFAA is the most important computer statute in US as all the other statutes concerned with above problems come by modifying the CFAA.

Further, in 1986 "Electronic Communication Privacy Act" was enacted which actually was an amended version of wiretap law. According to this law, intercepting, using, accessing or disclosing of transmitted or stored electronic communications without authorization is illegal.

Now that you know something about cyber crime and law you can avoid situations where you can be accused of cyber crime. Further, if you have any doubt or confusion then you can ask legal questions to cyber law attorneys over internet for free and clear all your doubts. It is always better to be informed than make mistake and then regret.

Legaladvice dot com is a platform that abridge the gap between common person looking for free law advice and the legal industry experts who can offer legal suggestions to them. Ask legal questions from the best attorneys in your area based on specialty or by location


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Website Privacy Policy: Are There Different Web Privacy Policy Requirements in the US and Australia?

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Yes, every country has different laws and regulations governing website privacy and consumer protection. However, there are some countries that have yet to adopt any privacy regulations.

Although there are different requirements under US and Australian law, a privacy policy can be made to satisfy the requirements of both countries. Australia is seen as having very strict privacy policy regulations in comparison to many other countries and in many instances, a strong privacy policy under Australian law will likely be valid and be regarded favourably by other countries with respect to privacy law and compliance with local regulation.

Despite this, if you have a website business which provides goods or services to other countries, you should be familiar with all aspects of the laws of other jurisdictions in relation to privacy regulations. To meet the requirements under US law, for example, and under the laws of other countries such as the UK, there will need to be some additions or amendments made to an Australian privacy policy statement. If these extra requirements are left out for a website that is selling goods and services in the US, a lack of compliant privacy policy with US requirements could cause problems for website owners who operate or sell products or services in the US and there are penalties and sanctions for such activity. In addition, the website could be shut down for non-compliance.

When comparing the requirements of Australia and the US, a key additional US requirement needed for a privacy policy valid under Australian law to comply with US law relates to the collection of information of children under 13 years of age. To meet the US privacy requirement, a website needs to ensure they will not collect information from children under 13 years. If the website is not targeted at children under 13 visiting or does not wish to have children viewing the site, the website the privacy policy must explicitly state this.

For a US website privacy to meet Australian privacy requirements, it is a bit more complex as Australian privacy laws are more detailed in their focus. Australian privacy regulations are quite strict on such detail as, for example, how websites collect, store and disclose personal information, focusing on website cookies. US law currently is not as strict as Australian law which means that if a US website wants to ensure their privacy policy is compliant with Australian standards, there are a number of additional requirements that need to be considered to meet Australian privacy regulations. In addition, Australian law has industry specific requirements that healthcare providers, financial services, medical, legal, credit providers and other specialised professionals must be aware of-all which need to be considered depending on the type of website you are choosing to set up.

In summary, with the differing requirements from country to country it is possible to have a policy that covers multiple jurisdictions. However, when considering the privacy policy to include on a website, the owner will need to ensure they are aware of unique and potentially unexpected features of the laws of each jurisdiction that they may be seen to provide services or products to, so that they ensure they have a compliant privacy policy.

Want to know more? Click here for Free information on Website Privacy Policy. Australian legal agreements and forms from http://legal123.com.au/.


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Today's Business Forecast: Increasing Clouds

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They say every cloud has a silver lining - you get some benefit out of every bad thing that happens to you. When you're very happy, you're on cloud nine! If you aren't paying attention in class, your teacher might tell you to get your head out of the clouds. If the authorities think you did it, you would be under a cloud of suspicion. These days, when your workforce is located in three different countries and five different cities connected by the internet, you're practicing cloud-based staffing and utilizing cloud computing.

Wait, what?

That's right. Utilizing a virtual workforce through cloud computing is becoming increasingly popular, because it allows businesses to access talent outside of the local area, it shortens time to market, and it allows for flexibility by giving access to files and data when working remotely and/or outside office hours. If this cloudy terminology is new to you, here is a basic definition to get you up to speed:

According to Wikipedia, "Cloud computing refers to the use and access of multiple server-based computational resources via a digital network (WAN, Internet connection using the World Wide Web, etc.). Cloud users may access the server resources using a computer, netbook, pad computer, smart phone, or other device. In cloud computing, applications are provided and managed by the cloud server and data is also stored remotely in the cloud configuration. Users do not download and install applications on their own device or computer; all processing and storage is maintained by the cloud server. The online services may be offered from a cloud provider or by a private organization."

Cloud computing is what makes a successful virtual workforce, or "staff in the cloud" possible. Flexibility is a huge benefit of cloud computing, as is its ease of use. Cloud computing is often cheaper and less labor intensive because it's online - and therefore the need for massive amounts of server space for storage is removed altogether (you'll probably just see a slight increase in your monthly fee for more data storage). We could continue discussing the benefits of cloud computing; however, the point is it's here to stay, along with cloud staffing. So legally speaking, what does this mean for your business?

When choosing a cloud-based service provider that will allow you to sustain a virtual workforce there are many important points to ponder. You will need to thoroughly review the provider's Service Agreement or Terms of Service in order to find out the following before signing up:

• Where is the actual data stored? (And we mean the geographic location of the company's servers that house all of the data).

• How many servers does the company have?

• What security measures are in place to prevent hackers from accessing the data?

• What notification procedures are used by the company to alert customers of a data breach?

• Who has access to your data?

• Are customers able to back-up the data stored on the cloud on their own servers?

• How do you migrate the data from the cloud if you decide to cancel the service?

If you take these questions into consideration and get solid satisfactory answers, you're ready to hit the cloud!

Joshua M. Marks, Esq.
JM LAW GROUP, LLC
1818 MARKET STREET, SUITE 3740
PHILADELPHIA, PA 19103
215.832.3600

http://www.lawmr.com/
josh@lawmr.com

http://www.youtube.com/user/jmsportsrep


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Importance of A Litigation Lawyer

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A legal litigation lawyer is primarily concerned with providing officially authorized proficiency desired to determine the resolution to a special kind of legal disagreement that primarily do not fall under the category of criminal offences. The conflict can range from among small individual units to among large corporations. For instance, when two neighbors come across a difference of opinion pertaining to any topic like property boundaries, and if they are unable to resolve their disparity outside the legal court, only then the role of a civil becomes essential. Each side would hire a lawyer to support each of their positions before a judge or the jury.

A second prominent situation that calls for the essential role of this lawyers is when Businessmen from time to time come across a difference of opinion regarding some legal concord on contract conditions to an extent that it calls for an authority or the procedure of a lawsuit to resolve the differentiation. A litigation lawyer will usually have the required awareness of the contract and the law, which would give him the ability to construe the diverse contractual sections so he or she can help the authority in reaching a conclusion desirable to the party involved. Also, where there is a compromise on the contractual clauses, the lawyer may be capable of helping the entities involved in rectifying the differences of opinions without actually going for a legal lawsuit. But when the easier way out is not conceivable, both parties can appoint litigation lawyers who will have the required knowledge to deal with the case proceedings effectively to a desirable conclusion.

Another important property specific to the litigation lawyers, which is made most evident when going through the local phone book for the contact of a litigation lawyer, is that a person will notice that there are lawyers with specialties in various fields out there. Every lawyer of this category chooses to specialize in some special kinds of cases, for illustration, whenever an operative feels the impression that there has been percipience or discrimination of particular sort at his work place, he will easily be able to find a litigation lawyer who concentrates in that individual field of law. Federal, state and local laws can be very diverse and complicated and the way they administer behavior in the workplace. Therefore, it can be rather difficult to understand, so hiring a skillful and knowledgeable expert can assist the employee get the reimbursement he merits.

With all the arguments presented above, one conclusion that can be evidently drawn is that a litigation lawyer clearly possesses a very momentous domicile in any society. Given the latest trend, common among people of many countries suing one another clearly acts as empirical evidence of the importance of litigation lawyers in a country. Unquestionably this is the very motivation why so many lawyers out there have constricted their practices to specialisms rather than going for "general" practice.

Miss Lubna K. Jahangiri is one of the most qualified law consultant and experienced business and corporate lawyer in the State of California.


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The Best Spousal Support Attorney

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As happy as one is when they are getting married, it's ten times more depressing when the same marriage falls apart. It is not only stressful for the parties involved but there are a number of legal formalities that only increase once the case engages children as well. However, with the breakdown of a home the financial position of the partners are also affected. In this regard, one of the parties that are most affected financially due to the divorce are give the latitude to apply for spousal support that is also known as alimony. This article will enlighten you with all the important things you need to know before hiring an Albany attorney.

Spousal Support or alimony are monthly payments that one spouse is supposed to give to another one who is in a financially inferior position. The payments are court-ordered and the payments continue until the other party finds a stable job to support their household or their remarriage can also end the support. The laws regarding spousal support may vary according to the State and in order to gain the prior knowledge regarding the paperwork and documentation it is always best to reach an Albany Spousal Support Lawyer or an Albany attorney.

Once the parties are through with the dissolution of their marriage, it is very normal for the legal professionals to discuss the dynamics of alimony. Many legal experts sort this out by discussing some of the important questions such as the amount that both parties must agree on to, the length of support, the method through which the amount will be collected and finally if any changes to the agreement are to be made is usually discussed with both parties and then the paperwork is done accordingly.

There are some implications in the matter that every individual must understand. When it comes to alimony the legal expert first assess the length of time the marriage lasted and the assets that were acquired during this period. The financial assets of both parties are then evaluated and if proper assessments of the assets points towards the fact that one of the parties may be unable to support the same post-divorce lifestyle and the marriage lasted for a longer time then the alimony would be a long-term one. On the other hand, it is completely the other way around if the marriage lasted only for a brief period of time.

However, it must be further noted that when spousal support proceedings are in progress all assets including estate and even your liquid assets can become a major risk; therefore, a spousal support lawyer should be by your side to help you protect your investments. It is further important to carry out proper research before you hire an Albany Attorney to represent your case; usually an inexperience lawyer can only worsen things up for you for both parties who are either seeking spousal support or giving one. Hence, always exercise caution in such matters and do not make the split more distressing than it already is.

Spousal Support Lawyer and Abandonment Divorce are the legal representation to protect your rights during a divorce proceeding.


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