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Cyber Law - Essay Example

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This essay “Cyber Law” investigates two exact issues that arise in the sphere of cyber law. The first issue that arises in Shark’s case is that of his trademark that protects his domain name and the second one - the betting transaction by Snake for the Melbourne Cup day may not be held to be valid under the rules required for electronic transactions. …
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Cyber Law
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Download file to see previous pages In reference to the Hot Tipster software program, Shark has invested a considerable amount of time and effort in developing the program. The intention behind providing the protection of copyright is to ensure that a creator of original work is able to freely enjoy the material and economic benefits arising from his/her work, preventing others from unfair gain from the creator’s effort and labor3.
In assessing whether Shark’s program Hot Tipster would be eligible for such protection, in the case of Apple Computer Inc v Computer Edge Pty Ltd, Beaumont J held that the object code of a computer software program consists of impulses which are stored on a silicon chip and consequently do not qualify to be categorized as a literary work4. However, in later developments, the Copyright Act of 1968 (Cth) included a provision to include computer programs within the definition of a literary work. Under this provision, Shark’s computer program would also qualify as a literary work and would be eligible for protection. In the event any party attempts to copy this software program, Shark may be able to sue for infringement of copyright.
In the case of Autodesk v Dyason, a computer software program named AutoCAD was created by Autodesk with a subprogram to run a hardware lock that went along with the program. The defendants created another computer program designed to use the AutoCAD program without the lock and it was held to be piracy. However, in the full Federal Court, it was held that when functional equivalence was achieved through two completely different algorithms, no copyright infringement will be deemed to have occurred. But when the case was appealed by Autodesk at the High Court, it was held that despite the difference in the algorithms used to create the programs, the substantial part was identical since the binary code created by the two programs was identical, hence an infringement of copyright had occurred. The Copyright Amendment (Digital Agenda) Act of 2000 provides an amended definition of a computer program as “a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.” ...Download file to see next pagesRead More
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