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Nichols, Kenneth Nolan. "Technical-legal aspects of software patents." CSUSB ScholarWorks, 1996. https://scholarworks.lib.csusb.edu/etd-project/1249.
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Karjiker, Sadulla. "Open-source software and the rationale for copyright protection of computer programs." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80044.
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Thesis (LLD)--Stellenbosch University, 2013.ENGLISH ABSTRACT: The rationale for the legal protection of copyright works is based on the perceived need to encourage the creation of works which are considered to be socially beneficial. By awarding authors proprietary rights in their creations, copyright law allows authors the ability to earn direct financial returns from their efforts, and, thus, copyright law provides the required incentives for authors to create copyright works. Since the early days of commercial software development, copyright protection has been extended to computer programs; thus, by providing such protection it was assumed that their production should be encouraged, and that without such protection they will not be produced to the extent required by society. Comparatively recently, we have witnessed large-scale production of open-source software, which is licensed on generous terms, giving users the right to freely use, modify and redistribute such software. By adopting such licensing terms, the authors of open-source software are unable to charge licensees a fee for permission to use their software, which is the reward which copyright assumes authors seek to create such software. This development has made it necessary to re-evaluate the rationale for copyright protection of computer programs, and determine whether the continued protection of computer programs is justifiable. This study seeks to first establish a coherent theoretical justification for copyright protection, which it is submitted should be an economic justification, rather than a moral justification. The legal analysis in this work seeks to establish whether the copyright protection of computer programs is consistent with the economic justification for copyright protection. In particular, the analysis focuses on the current scope of copyright protection, and seeks to establish whether such protection is excessive, stifling creativity and innovation, and, thus, imposing too high a social cost. It is contended that copyright doctrine has generally sought to minimise these costs, and that current scope of copyright protection of computer programs leaves enough creative room for the production of new software. Despite the fact that the effect of open-source software licences is that authors are unable to earn the direct financial rewards which copyright enables authors to earn as an incentive to create such software, their authors continue to have financial incentives to create such software. Commercial firms who invest in open-source software do so because they seek to provide financially-rewarding related services in respect of software, or because it serves to promote sales in their complementary products. Similarly, the participation of individual computer programmers is largely consistent with the standard economic theories relating to labour markets and the private provision of public goods. Individuals are principally motivated by economic motives, such as career concerns. Copyright protection gives participants the choice to opt for the direct financial rewards which its proprietary protection enables, or the more indirect financial rewards of open-source software development. It is submitted within this research that rather than undermining the rationale for copyright protection of computer programs, the development of open-source software has illustrated that copyright protection allows for the emergence of alternative business models, which may be more economically advantageous to authors.
AFRIKAANSE OPSOMMING: Die rasionaal agter outeursregbeskerming wat deur die reg verleen word is gebasseer op 'n behoefte om die skepping van werke wat sosiaal voordelig geag word te bevorder. Outeursreg verleen aan outeurs direkte finansiële vergoeding vir hul inspanning deur die vestiging van eiendomsreg oor hul werke. Dus, outeursreg voorsien outeurs van die nodige insentiewe om sulke werke te skep. Sedert die begindae van kommersiële sagteware ontwikkeling, is outeursregbeskerming uitgebrei om aan rekenaarprogramme sulke beskerming te bied. Deur die bied van outeursregbeskerming word daar aangeneem dat die ontwikkeling van rekenaarprogramme aangemoedig word en dat sonder die genoemde beskerming programme nie geproduseer sal word tot in 'n mate benodig deur die samelewing nie. Onlangs egter, is daar 'n grootskaalse ontwikkeling van oopbronsagteware opgemerk. Hierdie sagteware word onder ruime terme gelisensieer en gee aan gebruikers die reg om die genoemde sagteware te gebruik, te wysig en vrylik te versprei. Deur sulke terme van lisensiëring aan te neem word outeurs verhoed om vanaf lisensiehouers 'n fooi te vorder vir die toestemming om die sagteware te gebruik. Outeursreg neem aan dat hierdie vergoeding die basis vorm waarom outeurs sulke sagteware ontwikkel. Hierdie ontwikkeling maak dit nodig om die rasionaal agter outeursregbeskerming van rekenaarprogramme te her-evalueer en ook om vas te stel of die volgehoue beskerming van rekenaarprogramme regverdigbaar is. Hierdie studie poog om, eerstens, 'n samehangende teoretiese regverdiging vir outeursreg te vestig. Daar word aan die hand gedoen dat hierdie beskerming 'n ekonomiese, eerder as 'n morele regverdiging as grondslag moet hê. Die regsontleding vervat in hierdie werk poog om vas te stel of die outeursregbeskerming wat aan rekenaarprogramme verleen word in lyn is met die ekonomiese regverdiging van outeursregbeskerming. Die analise fokus in besonder op die huidige bestek van outeursregbeskerming en poog om vas te stel of sodanige beskerming oormatig is, of dit kreatiwiteit en innovasie onderdruk en derhalwe te hoë sosiale koste tot gevolg het. Daar word geargumenteer dat outeursreg in die algemeen poog om sosiale koste te verlaag en dat die huidige omvang van outeursregbeskerming van rekenaarprogramme voldoende kreatiewe ruimte vir die ontwikkeling van nuwe sagteware laat. Die effek van oopbronsagteware is dat outeurs nie in staat is om direkte finansiële vergoeding te verdien, wat as insentief gesien word vir die ontwikkeling van sagteware, nie. Ten spyte hiervan is daar steeds voldoende finansiële insentiewe om sodanige sagteware te ontwikkel. Kommersiële firmas belê in oopbronsagteware om finansiëel lonende verwante dienste ten opsigte van sagteware te voorsien. Dit kan ook dien om verkope in hul onderskeie aanvullende produkte te bevorder. Eweweens is die deelname van individuele rekenaarprogrameerders oorwegend in lyn met die standaard ekonomiese teoriëe ten opsigte van die arbeidsmark en die privaat voorsiening van openbare goedere. Individue word gemotiveer deur ekonomiese motiewe, soos byvoorbeeld oorwegings wat verband hou met hul loopbane. Outeursregbeskerming bied aan deelnemers die keuse om voordeel te trek uit die direkte finansiële vergoeding wat moontlik gemaak word deur outeursregbeskerming of uit die meer indirekte finansiële vergoeding gebied deur die ontwikkeling van oopbronsagteware. In hierdie navorsing word daar geargumenteer dat die ontwikkeling van oopbronsagteware geillustreer het dat outeursregbeskerming die onstaan van alternatiewe besigheidsmodelle toelaat wat ekonomies meer voordelig is vir outeurs in plaas daarvan dat dit die rasionaal vir die outeursregbeskerming van rekenaarprogramme ondermyn.
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Bac, Joanna Ewa. "Software intelligence (SI), dependent legal personhood & SI-human amalgamation : an evolutionary step for US patent law and SI." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237873.
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This doctoral thesis addresses the question of why and how the United States of America (US) legal system should grant legal personhood to software intelligence (SI). This new legal status of SI is visualised as a dependent type of person. The SI dependent legal person would be determined by an inextricable connection between SI and a new type of corporate body, introduced here as SI-Human Amalgamation (SIHA). SI has been defined as one or more computer programmes with an ability to create work that is unforeseen by humans. This includes SI capacity to generate unforeseen innovations, patentable inventions and/or infringe the rights of other patent holders. At present, SI is an entity unrecognised by law. The fact that SI is neither a natural nor a legal person indicates that it cannot be considered the rights' owner or liability bearer. This in turn creates tensions both in society and legal systems because questions, such as, who should hold those rights or be liable for autonomous acts of SI, remain unanswered. It is argued that the SI dependent legal person and SIHA, are necessary to address the new challenges introduced by SI. SI and SIHA, their creativity and actions would be distinct from those performed by human beings involved in the creation of this amalgamation, such as SI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and SI cooperation (SIHA). SI, as a dependent legal person, would hold the patents rights to its own inventions thus ensuring favourable conditions for the incentives of the US patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from the foreseen and unforeseen actions, omissions and failure to act of SI.
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Hodge, Dominic Shaughn. "The income tax consequences of the in-house development of software." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013550.
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The objective of this thesis was to explore the nature of expenditure incurred on the internal development of software and its treatment in terms of the accounting and taxation frameworks to which it is subject. In fulfilling the primary objective the thesis had a number of subsidiary considerations. These included, firstly, a brief analysis of the approach of the software industry in South Africa to the taxation treatment of this type of software. The second consideration was a discussion and analysis of the taxation framework which differentiates between capital and revenue and the extent to which the receipts produced by internally developed software may be informative of the nature of the expenditure. The third was an analysis of the deductibility of expenditure incurred in the production of software with the fourth analysing the tests employed in the determination of whether expenditure is capital or revenue in nature. The fifth objective was to briefly analyse the accounting standards which find application in the determination of whether or not the software created can be considered a capital asset. The final subsidiary objective of the thesis was an analysis of the taxation framework applicable to software in respect of research and development incentives, as well as the position in the United States of America. Throughout the thesis the most apparent commonality is that there exists a significant level of uncertainty as to the taxation treatment of software both in South Africa and in America. The research concludes by stating that such uncertainty is prejudicial to the interests of research and development in relation to software.
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Everett, Christopher E. "Fundamentals of software patent protection at a university." Master's thesis, Mississippi State : Mississippi State University, 2003. http://library.msstate.edu/etd/show.asp?etd=etd-01062003-174536.
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Forsyth, Guy, and N/A. "A minimalist sui generis legislative proposal for the application of common law principles to the protection of computer software." University of Canberra. Law, 1998. http://erl.canberra.edu.au./public/adt-AUC20090714.142532.
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This thesis examines the development of copyright and patent protection in the United States, United Kingdom and Australia and proposes that intellectual property is not the correct mechanism for protecting computer software. Both copyright and patent protection are evaluated in relation to their application to protecting the various elements of software.
The increased desire for patent protection of software in the United States has recently impacted the debate over the correct regime for intellectual property protection. There has also been a corresponding restriction in the application of copyright protection by the courts. Combined with an undercurrent of sui generis software legislation being advocated by academia this has lead to the situation where there is continuing uncertainty over which method of protection should be provided for software.
It will be shown that copyright is inadequate for the protection of computer software and that it does not address the correct element requiring protection. Patents, by corollary, provide protection that is excessive. The socio-economic effects of patent protection will be shown to demonstrate that it is not a worthy successor or adjunct to copyright. While copyright has attempted to protect one aspect (source code) patents have attempted to protect another (functionality). The thesis identifies the fundamental flaws in the protection offered by both regimes and proposes that they are equally unsuitable for the protection of software.
Software will be shown to possess a diverse array of elements that are largely indivisible if adequate protection is to be provided. It is proposed that software be considered as a new form of property, referred to as Binary property, which covers informational and information processing entities. Further, the existing common law principles should be applied to the aspects that are at the heart of the intellectual property protection dilemma. In reality the elements requiring protection in software are activities that wrongfully duplicate a work or replicate it to create clones. It will be shown that the common law principles of theft, trespass, breach of contract and passing-off are suitable for protecting developers from these infringements. It will also be contended that any legislative intervention should be limited so that a certain degree of replication is allowable where there is a benefit to society through technological
advancement or enhancement through standardisation. As such the application of common law principles are applied in a minimalist legalistic environment.
The minimalist approach takes the position that there should be minimal legislative intervention in the computer industry. It proposes that there should be legislative intervention to enable the existing common law to take account of computer technology and provide for its continuing impact on society that will accelerate into the next millennium. It further shows that the continuing development of computer technology will outpace intellectual property necessitating the recognition of computer software as a unique form of new property in existing jurisprudence. The application of existing common law principles of property and the reduction in the monopolistic nature of intellectual property will not only benefit the highly dynamic and creative international computer industry but it will also be in the best interests of the Australian software development industry.
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Dogan, Fatih. "Patentrechtlicher Schutz von Computerprogrammen." Berlin wvb, Wiss. Verl, 2005. http://www.wvberlin.de/data/inhalt/dogan.htm.
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Louw, Sanelda. "Die belastingaftrekbaarheid van sagteware." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/20434.
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Thesis (MComm)--Stellenbosch University, 2004.ENGLISH ABSTRACT: The aim of this study is to determine the applicability of the various South African Income Taxation Act sections on the deduction of software costs. A distinction is made between the various deduction sections in the Income Taxation Act that are applicable to software costs. By doing this an appropriate taxation deduction is recommended for the different types of software costs that the taxpayer incurs. Software assets and expenditure can be divided into various categories based on the acquisition agreement. The rights and assets that are obtained, differ for each category of software cost. In some instances a copyright is obtained and in other instances only a right of use is obtained. Furthermore the taxpayer receives intellectual property, an intangible asset, and/or a tangible asset. A literature study and an analysis of the different types of software costs and the four concerned Income Taxation Act sections serve as background for the consideration of the applicability of each specific deduction section in the Income Taxation Act on the various categories of software costs. By using the information obtained in the literature study and the analyses, a recommendation is made of the most applicable deduction article for each category of software cost.
AFRIKAANSE OPSOMMING: Hierdie studie het ten doel om die toepaslikheid van die verskillende Suid-Afrikaanse Inkomstebelastingwetsartikels, op die aftrekking van sagtewarekoste te bepaal. 'n Onderskeid word getref tussen die verskillende aftrekkingsartikels wat van toepassing is op sagtewarekoste in die Inkomstebelastingwet. Sodoende word 'n geskikte belastingaftrekking vir die verskillende tipes sagtewarekoste voorgestel wat deur elke belastingpligtige aangegaan word. Sagtewarebates of -uitgawes kan in verskillende kategoriee verdeel word na aanleiding van die verkrygingsooreenkoms wat aangegaan is. Die regte en bates wat verkry word verskil ten opsigte van elke kategorie sagtewarekoste. In sommige gevalle word 'n outeursreg verkry en in ander gevalle slegs 'n gebruiksreg. Verder kan of intellekuele eiendom, 'n ontasbare bate, en/of 'n tasbare bate verkry word. 'n Literatuurstudie en analise van die verskillende tipes sagtewarekoste en die vIer betrokke Inkomstebelastingwetsartikels dien as agtergrond vir die oorweging van die toepaslikheid van elke spesifieke aftrekkingsartikel in die Inkomstebelastingwet op die onderskeie kategoriee sagtewarekoste. Daama word die inligting wat bekom is in die literatuurstudie en analise gebruik om die mees toepaslike aftrekkingsartikel vir elke kategorieë sagtewarekoste voor te stel.
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Lundström, Justus, Jonas Widriksson, and Viktor Zaunders. "Changes in media consumption and file sharing : The impact of legislation and new digital media services." Thesis, Jönköping University, JIBS, Business Informatics, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12534.
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In this study we investigate how the attitude and behaviour concerning illegal file shar-ing have changed among the young population in Sweden. The study will analyze the impact of the IPRED law that was introduced in April 2008 and new digital media ser-vices that have emerged in the last couple of years. It is also evaluated which of these have had the most impact on the attitude and behaviour of the selected population.
The main part of our research consists of a quantitative survey handed out to a sample population among high school students (ages 16-20) in Jönköping, Sweden. This pri-mary data is later compared to secondary data from a similar study that was done on the same demographics two years prior to this research in order to measure the change in behaviour and attitude. The previous study was conducted prior to the IPRED law im-plementation by one of the authors. We also used prior research within this subject and related fields to further understand and interpret our data.
What we have discovered through our research is that there has been a decrease in ille-gal file sharing, especially when considering music, however this decrease is much more an effect of the adopting of new media services then it can be attributed to the IPRED law. Furthermore, the attitudes towards file sharing have remained unchanged and a large number of young adults do not feel that file sharing should be illegal.
It is also concluded that good legal alternatives to file sharing have a large market po-tential if these services can fulfil consumers demand on availability and price. Addition-ally we have found that good legal alternatives are important if the public is to refrain from returning to their old file sharing habits once the initial scare from new legislation has worn off.
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Kacher, Benjamin Lawrence. "Commercial Computer Software License Rights in Defense Acquisition." Thesis, The George Washington University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1566105.
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The tremendous growth of the commercial software industry in the United States represents an excellent opportunity for the United States Department of Defense ("DoD") to acquire quality software products that will help the DoD achieve its missions. However, the DoD struggles to acquire commercial computer software ("CCS") and commercial computer software documentation ("CCSD") effectively because of the inconsistencies and contradictions found in its rules governing the acquisition of CCS and CCSD.
The DoD's rules governing the acquisition of CCS and CCSD appear simple on the surface and represent an admirable attempt to enable the DoD to more easily acquire CCS and CCSD in the commercial marketplace and to allow commercial vendors to sell their products to the DoD. However, these rules contain many unseen inconsistencies and problems and therefore lead to many areas of confusion and even contradiction.
The primary purpose of this paper is to find ways to help the DoD and CCS vendors work together more effectively, by explaining the DoD's rules governing acquisition of CCS and CCSD, explaining fourteen primary problem areas associated with the acquisition of CCS and CCSD and, finally, by exploring potential solutions to these problems.
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Mashinini, Thethiwe Nomalanga. "The computer software patent debate : a double-edged sword?" Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60064.
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In writing this dissertation, the aim is to investigate the patentability of computer software - whether it is possible and legally advisable to make way for software patents in South Africa. This is an uncertain and highly debated area in our law. Ultimately, this study is aimed at checking the validity of proposed arguments and suggestions emanating from within the computer software patent debate itself. The Patents Act 57 of 1978 only excludes the patenting of computer software ?as such?. As a result, it is left open for interpretation what it is that the legislature meant by the phrase ?as such? and whether indeed computer software can be patented, since we lack case-law to clarify this point of law. Presently, there are arguments that software patents may possibly fall in line with the required growth and development for our country?s economy. The debate also revolves around the issue whether patents are better suited as legal protection for computer software in contrast to the protection offered under the Copyright Act 98 of 1978. This study will therefore be carried out with an aim to determine and recommend the suitable direction which our law should follow in order to have a competitive stance and facilitate economic growth for our country, specifically in the computer software industry.Mini Dissertation (LLM)--University of Pretoria, 2016.
Mercantile Law
LLM
Unrestricted
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Ital, Eric Guy. "Copyright law and the Internet : in modern South African law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51666.
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Thesis (LLM)--University of Stellenbosch, 2000.ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is likely that copyright disputes with regard to the Internet will evolve here soon. In this dissertation, the "world" of the Internet and its lawfulness with regard to existing South African copyright law will be examined. The examination tries to establish whether South African copyright law is able to cope with the present Internet problems and whether it leads to reasonable results. The first chapter of this dissertation will give an overview of the basic principles of the Internet, including the history, development and function of the Internet. Furthermore the changing aspects by means of diqital technology will be discussed. Because the global character of the Internet lead to "international" infringements, governments are considering the prospect of reaching international accord on the protection of intellectual property in the digital era. In chapter two, the present international harmonisation of copyright law will be introduced. Especially the quick adoption of the World Intellectual Property Organisation Treaties in December 1996 demonstrated that an international realisation for a call for action is existing. In chapter three, the application of South African copyright law with regard to the Internet will be discussed. First, it will be examined if a digital work on the Internet is protected in the same way as a "traditional" work. Second, the various rights of the copyright holder are discussed in connection with the use of a work on the Internet. Third, the potential application of the exclusive rights of the copyright holder to various actions on the Internet, such as caching, Web linking and operating an online service will be discussed. The Internet is a worldwide entity, and, as such, copyright infringement on this system is an international problem. The scenario of global, simultaneous exploitation of works on the Internet conflicts sharply with the current system of international copyright protection, which is firmly based on national copyright laws with territorial effects. Section four provides therefore an overview of the applicable law on an international net and analyses the necessity and borders of protection.
AFRIKAANSE OPSOMMING: Nasionale en internasionale wetgewing fokus in In toenemende mate op die Internet. Die versnelde groei van die Internet, sy wêreldkarakter, sy nuwe tegnologiese aanwendings en sy private en kommersiële gebruik deur miljoene mense maak beheer oor In werk baie gekompliseerd en skep veral outeursregprobleme regoor die wêreld. Wetgewing soos dit tans is, word dus uitgedaag om die leemtes in die reg te ondervang. Gegewe die vinnige groei van gekoppelde verskaffers en gebruikers in Suid-Afrika, is dit waarskynlik dat - outeursreggeskille met betrekking tot die Internet binnekort ook hier gaan ontwikkel. In hierdie verhandeling gaan die "wêreld" van die Internet en sy wettigheid onder bestaande Suid-Afrikaanse outeursregwetgewing ondersoek word. In die ondersoek word gepoog om vas te stelof Suid-Afrikaanse outeursregwetgewing geskik is om die Internetprobieme wat tans bestaan te hanteer en of dit lei tot aanvaarbare resultate. Die eerste hoofstuk van die verhandeling sal In oorsig gee van die basiese beginsels van die Internet, insluitende die geskiedenis, ontwikkeling en funksie van die Internet. Verder sal die veranderende aspekte as gevolg van digitale tegnologie bespreek word. Die wêreldkarakter van die Internet gee aanleiding tot "internasionale" inbreukmakings en om hierdie rede oorweeg regerings die moontlikheid van internasionale ooreenkomste oor die beskerming van intellektuele eiendom in die digitale era. In hoofstuk twee word die bestaande internasionale harmonisering van outeursreg bespreek. Veral die vinnige aanname van die World Intellectual Property Organisation se verdrae in Desember 1996, illustreer dat daar In internasionale bewustheid is dat iets in die verband gedoen moet word. In die derde hoofstuk word die aanwending van die Suid-Afrikaanse outeursreg met betrekking tot die Internet bespreek. Eerstens word ondersoek of a digitale werk op die Internet op dieselfde wyse as 'n "tradisionele" werk beskerm kan word. Tweedens word die verskillende regte van die outeursreghebbende in verband met die gebruik van 'n werk op die Internet, bespreek. Derdens word die potensiële aanwending van die eksklusiewe regte van die outeursreghebbende op verskillende aksies op die Internet, soos byvoorbeeld kasberging, web koppeling en die werking van 'n gekoppelde diens, bespreek. Die Internet is 'n wêreldwye verskynsel en sodanig is outeursreginbreukmaking op hierdie stelsel 'n internasionale probleem. Die scenario van 'n wêreldwye, gelyktydige uitbuiting van werke op die Internet is in skerp konflik met die huidige stelsel van internasionale outeursregbeskerming wat stewig gegrond is op nasionale wetgewing met territoriale werking. Hoofstuk vier bied daarom 'n oorsig oor die toepaslike reg op 'n internasionale netwerk en analiseer die nodigheid en ook grense van beskerming.
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Achieng, Spance Joy. "SOFTWARE PATENTS : A study on the patentability of software inventions." Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-324267.
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The primary objective of the thesis will be to focus on patent protection of software under the European Patent Convention, by analyzing the different approaches that the European Patent Office has taken into consideration since the mid-1980s. These approaches are derived from the different decisions that emanate from the Technical Boards of Appeal of the European Patent Office. The thesis will examine the most relevant decisions illustrating the juridical tendencies and basis that have been utilized to decide over the patentability of computer programs. The analysis will conclude with the latest approach taken by the Technical Board of the European Patent Office. The study will examine the patentability requirements of inventions in general established within the European Patent Convention. Sources that will be utilized to carry out this research will include case law, legislation, specialized legal commentary; journals and books. The present study sustains that computer programs may be patented as long as they comply with all the general requirements of an invention prescribed under the European Patent Convention together with the condition established by case law called the technical character requirement. Nevertheless, due to the fact that the Technical Boards of Appeal are not bound by previous case law, the current position could keep evolving as it relies on the stance of the European Patent Office on patentability of computer programs which is seems to be influenced by the changes in the technological world
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Temur, Nuri. "Computer Crime as a Barrier to Electronic Commerce: New Solutions for Public Law Enforcement." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3171/.
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Electronic commerce was expected to grow exponentially, but the actual rate of growth in recent years has been disappointing. Recent surveys of perceptions of the development of electronic commerce clearly focus our attention on the perception and fear of computer crime as the major cause of this disappointing growth pattern. The thesis critiques existing private law solutions to this problem and argues from a normative theory on “the commons” for the application of new public law enforcement solutions in the public trust, sanctions, and public coproduction of order. The thesis argues that given the failures of existing private law solutions to the problem, these public law enforcement solutions should be more effective, efficient, and more satisfactory.
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Mabeka, Nombulelo Queen. "When does the conduct of an employer infringe on an employee's constitutional right to privacy when intercepting or monitoring electronic communications?" Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5883_1253850534.
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The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) that regulates the monitoring of electronic communications has not yet been tested by our courts. This paper explores the likelihood of an infringement of an employee's right to privacy by an employer in the process of intercepting the latters electronic communications. It is argued that there is no explicit provision of the protection of the right to privacy that is provided in the LRA. It is further argued that the provisions of section 4, 5 and 6 of RICA as they stand do not necessarily provide for the protection of an employee's right to privacy, but the incorporation of these sections could be construed as meaning that the legislature or the framers of the legislation intended to limit the employers right to trade freely, at the same breath, limit the employees right to privacy. It is argued that RICA does not provide protection for the right to privacy wherein consent has been obtained under duress or based on misrepresentation of facts. It is contended that the interception of employees electronic communications in such circumstances would be regarded as an infringement of such employees right to privacy. The burden of proving duress or misrepresentation of facts rests on the employee who alleges that such consent was obtained under duress or based on misrepresentation of facts. It is also argued that RICA does not define the meaning of the words in the course of carrying on of business or reasonable steps provided in section 6 of RICA. It is argued that the meaning of in the course of carrying on of business would be determined by the type of the industry upon which the business operates, as well as the circumstances of the case. Reasonable steps would be regarded as being taken if employers notify employees that their electronic communications would be intercepted..."
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Ferreira, Ana. "Modelling access control for healthcare information systems : how to control access through policies, human processes and legislation." Thesis, University of Kent, 2010. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.529399.
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The introduction of Electronic Medical Records (EMR) within healthcare organizations has the main goal of integrating heterogeneous patient information that is usually scattered over different locations. However, there are some barriers that impede the effective integration of EMR within the healthcare practice (e.g., educational, time/costs, security). A focus in improving access control definition and implementation is fundamental to define proper system workflow and access. The main objectives of this research are: to involve end users in the definition of access control rules; to determine which access control rules are important to those users; to define an access control model that can model these rules; and to implement and evaluate this model. Technical, methodological and legislative reviews were conducted on access control both in general and the healthcare domain. Grounded theory was used together with mixed methods to gather users experiences and needs regarding access control. Focus groups (main qualitative method) followed by structured questionnaires (secondary quantitative method) were applied to the healthcare professionals whilst structured telephone interviews were applied to the patients. A list of access control rules together with the new Break-The-Glass (BTG) RBAC model were developed. A prototype together with a pilot case study was implemented in order to test and evaluate the new model. A research process was developed during this work that allows translating access control procedures in healthcare, from legislation to practice, in a systematic and objective way. With access controls closer to the healthcare practice, educational, time/costs and security barriers of EMR integration can be minimized. This is achieved by: reducing the time needed to learn, use and alter the system; allowing unanticipated or emergency situations to be tackled in a controlled manner (BTG) and reducing unauthorized and non-justified accesses. All this helps to achieve a faster and safer patient treatment.
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Birkenfeld, Daniela H. "The protection of computer software : a comparative study of the American and German law." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65509.
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Bruneau, Mathieu. "Straddling the fence of computer programs' patentability: how to foster software invention and innovation." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=117222.
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This thesis identifies means available to industry actors and policy makers to foster invention and innovation in the software industry. To this end, the fence of computer programs' patentability is straddled: not taking any particular position on this debate, the standpoint that this fence provides is used to assess instruments stimulating software invention and innovation on two criteria. First, their pragmatic feasibility is examined by analysing the international law superstructure for intellectual property, mainly the Agreement on Trade Related Aspects of Intellectual Property Rights, which sets minimum standards that Members of the World Trade Organisation have to give effect to. Second, their consequential desirability is assessed by reference to four elements of the utilitarian rationale on which is predicated the exclusion of abstract subject matter from patent-eligibility in Canadian and U.S. patent law, namely, pre-emption, the building-block structure of the inventive process, the risks of patent thickets and disembodiment. Instruments discussed this way include standards for computer programs' patent-eligibility, patent working requirements, revocation of patent rights, reverse-engineering, path dependency, covenants not to compete, models of innovation favoured by the network enterprise, contractual patent practices, antitrust authorities and competition between the two main schemes of software development: exclusionary appropriation and free and open source software.Ce mémoire identifie des moyens accessibles aux décideurs politiques et aux acteurs de l'industrie informatique pour promouvoir l'inventivité et l'innovation de logiciels. Pour ce faire, la clôture de la brevetabilité des programmes informatiques est chevauchée : ne prenant pas parti à ce débat, le point de vue qu'elle procure est utilisé pour apprécier sur deux volets des outils favorisant l'inventivité et l'innovation de logiciels. D'abord, leur faisabilité est évaluée de façon pragmatique en analysant la superstructure du droit international de la propriété intellectuelle, principalement l'Accord sur les aspects des droits de propriété intellectuelle qui touchent au commerce, qui prévoit des dispositions auxquelles les Membres de l'Organisation mondiale du commerce doivent donner effet. Ensuite, des intérêts bénéfiques potentiels de ces mesures sont discutés en lien avec quatre éléments qui justifient la non-brevetabilité des sujets abstraits à l'intérieur de la logique utilitaire des systèmes canadien et américain des brevets, soit la préemption issue de l'exclusivité octroyée par les brevets, la structure par combinaison et accumulation de l'inventivité, les obstructions causées par un trop grand nombre de brevets et la désincarnation. Parmi ces instruments, sont notamment discutés les normes de brevetabilité des programmes informatiques, la prescription d'exploitation des brevets, la révocation de brevets, l'ingénierie inversée, la dépendance au sentier, les clauses de non-concurrence, les effets de l'entreprise réseau sur l'innovation, les pratiques contractuelles en lien avec les brevets, les autorités de concurrence et la rivalité entre les deux principales approches en développement de logiciels : l'appropriation privative et le logiciel libre et ouvert.
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Marsh, David William Roff. "Program refinement using a universal law : language specification and prototype tool." Thesis, University of Southampton, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312873.
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Frantz, Courtney Siler. "An electronic storage and access system for special education legislation." W&M ScholarWorks, 1995. https://scholarworks.wm.edu/etd/1539618425.
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In the field of education, instructional leaders must know the regulations governing the assessment, curriculum, and instruction of all students. An area of special concern is the regulations governing programs for students with disabilities. Although the average population of students with disabilities may represent less than 10% of the total student body, the school administrator is responsible for maintaining access to the most current regulations, for accurately interpreting, and effectively implementing federal and state mandates to ensure that the due process rights of the students with disabilities are upheld. Yet the laws and regulations governing special education programs are continually changing. Having immediate and accurate access to the most current regulations are critical problems for administrators of special education programs.;One means of providing the regulations is the computer. With the use of hypertext-based software, computers are presently and successfully being used in business and medicine for training and reference storage. Therefore, SpeciaLink was developed to serve as a prototypical system for the delivery of the regulations governing special education programs.;To evaluate SpeciaLink, an experiment was conducted to test the effectiveness and efficiency of manipulating and extracting the stored regulations. A controlled experiment involving the use of hypertext programming was conducted in Virginia school districts. The research project used a random sample of secondary school administrators from 15 school districts. The sample frame participants were given a survey to identify their knowledge of the Virginia Regulations Governing Special Education Programs for Children with Disabilities, 1994. For a trial period of two months, the experimental group was given the software, SpeciaLink, that allowed them to electronically access the regulations. After the trial, the entire sample frame was re-surveyed.;Following the pilot program, statistical interpretation of the results revealed that a hypertext-based system is an effective and efficient tool for manipulating and extracting information from the regulations governing special education programs. Because the hypertext-based software promises to be so useful in special education, future research should examine the possibilities of expanding the use of electronically storing local mandates and court litigation that pertain to special education programming.
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Steh, Stephen R. "Unauthorized Access Crimes." Youngstown State University / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1254939817.
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O'Brien, N. D. "The liability of Internet service providers for unlawful content posted by third parties." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1149.
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Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA) response is Chapter XI of the Electronic Communications and Transactions Act (ECTA). The protection it provides is however not absolute. It is limited to ISP’s that are members of an Industry Representative Body (IRB) and those ISP’s must perform particular functions in relation to third party content in a certain manner to obtain limited liability. Due to the ECTA’s limited application and a lack of authority, the question is raised as to what is the liability of ISP’s for unlawful content posted by third parties? This dissertation pays particular attention to ISP liability for third party defamatory statements, hate speech, and obscene and indecent material. The role and characteristics of ISP’s in the functioning of the Internet is described. It is determined that a wide legal definition would be required to encompass the many roles they perform. The definition provided by the ECTA is wide and many different types of ISP can fall underneath it. This may have unintended consequences as entities may receive protection that the legislature did not intend. The appropriate laws in the United States of America (USA) and the United Kingdom are surveyed and suggestions as to the extent of ISP liability in circumstances where the ECTA does not apply are made. It is established that their position is uncertain due to difficulties in applying the law to the Internet. This could result in the law being applied incorrectly and ISP’s erroneously found liable. The ECTA’s threshold requirements limit the availability of the safe harbor provisions to ISP’s that are members of a recognised IRB. The IRB must comply with an extensive set of requirements to obtain recognition. The purpose of these requirements is to ensure that only responsible ISP’s obtain the protection provided by the act. After an examination of these requirements, their necessity is questioned as their purpose appears to be contrary to the logic of the safe harbours provided by the ECTA. The safe harbours are analysed and comparisons made to similar legislation that exists in the USA and the European Union (EU). It was established that the ECTA is a hybrid of the USA and EU legislation, and to a certain extent improves on them. It was suggested that the extent of ISP liability in relation to certain unlawful content is clearer under the ECTA. However, exceptions may exist in relation to hate speech and obscene and indecent content as a result of legislation that does not properly take the technology of the Internet into account. It was recommended that certain action be taken to correct this position to prevent any negative effects on the Internet industry and conflict with the objectives of the ECTA. The provision of limited liability contained in the ECTA is balanced with a notice and takedown procedure, which provides relief to victims of unlawful content. This procedure is analysed and it appears to be effective in providing relief. However, through an examination of concerns raised in relation to this type of procedure as it exists in the USA and the EU, it is suggested that certain flaws exist. The take-down procedure negatively effects the freedom of expression and the third party’s rights to due process. Further, the threshold requirements result in not all the users of the Internet being provided with the same remedies. It is recommended that certain action be taken to correct these flaws. The solution provided by the ECTA should be favoured over the uncertainty that existed before it promulgation. It may be necessary to correct particular flaws that exist. Certain recommendations are suggested in this regard and the concluding chapter.
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Clark, Robert Franklin. "A study of the legal implications of copyright law to the use of computer software in public education." Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/54278.
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The purpose of this study was to review, synthesize and document federal statutes and litigation; utilizing literature pertaining to copyright and the use of computer software by educators. A combination of legal and historical research methodology was used to conduct the study.
The historical research involved primary and secondary source documents, from England and America. The legal research involved the use of law guides, finding-tools, legal sources, law journals, case law, and computerized search systems.
The study indicated that copyright litigation began as early as 567 A.D. The concept of copyright in England began as a method to control the publishing industry and evolved into a right of authors. Copyright in the United States is based on the Constitutional clause granting to Congress the power, "To Promote the Progress of Science and the Useful Arts, by securing for limited Times to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries...." The first American copyright act, passed in 1790, has been the subject of two major revisions; the first in 1909 and the second in 1976.
The study also indicated that educators and publishers have opposing beliefs regarding the use of copyrighted materials. These beliefs are logical and defensible, and are not likely to be resolved without further revisions to the copyright laws. In an attempt to adjudicate these arguments, the judiciary has developed the "Doctrine of Fair Use." A review of federal case law revealed that teachers and educators have not faired well under this doctrine. Of the six cases in which educators pleaded fair use, only two were resolved in favor of the defendant educator. The trend of federal case law, involving computer programs, is to afford greater protection for these programs.
With regard to the copying of computer software for use in the public school classroom, that copying copyrighted software is illegal. Serial use of instruction programs does not infringe the copyright; however, any use which would increase the number of simultaneous users would violate the copyright owner‘s exclusive rights. School systems should develop written policies regarding the duplication and use of copyrighted software. The use of multiple licensing agreements is recommended.Ed. D.
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Upton, Oren K. "Asserting national sovereignty in cyberspace : the case for Internet border inspection." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FUpton.pdf.
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Chen, Yi-Jen. "Antitrust enforcement in the software market : a study of the Microsoft cases in the United States /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18697.pdf.
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Ahmad, Saghir. "Legal protection for computer programmes in EU, US and Pakistan : software piracy as a challenge in Pakistan /." Oslo : Faculty of Law, Universitetet i Oslo, 2008. http://www.duo.uio.no/publ/jus/2008/87514/87514.pdf.
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Funk, Antje Elisabeth Margarete. "Criminal liability of Internet providers in Germany and other jurisdictions." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/70134.
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Thesis (LLM)--Stellenbosch University, 2004ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as well as Europe and the American system. This thesis demonstrates and discusses the existing legal norms to regulate Internet provider liability for illegal content on the Internet and the international efforts to deal with this issue. In the introduction it is shown how the Internet has given rise to a new form of global communication and the accompanying legal problems. This is followed by an examination of the different functions Internet providers have. A survey of some of the important crimes affecting the Internet and also some Internet-specific offences put the more general issue of liability in a more specific context. Traditional and new forms of crimes are discussed. This section is followed by an analysis of Internet provider liability under German criminal law and Germany's Teleservices Act. From an international criminal law perspective some international instruments, like the Cybercrime Convention of the Council of Europe, is discussed. National legislation, especially in the context of the European Union, must always be put in the proper regional and international context. The thesis concludes with some thoughts on alternative, or perhaps complementary, methods to fight illegal and criminal conduct on the Internet. This is done not as a critique of the responses to Internet crime, but rather to strengthen the many hands trying to reduce Internet crime.
AFRIKAANSE OPSOMMING: Hierdie tesis handeloor die strafregtelike aanspreekliheid van Internet diensverskaffers. Die fokus val op Duitsland, maar die analise word ook geplaas in 'n wyer, vergelykende konteks. Dit word gedoen met verwysing na Suid-Afrika, sowel as Europa en die VSA. Die tesis demonstreer en bespreek die bestaande regsnorme wat Internet diensverskaffers reguleer met spesifieke verwysing na aanspreeklikheid vir onwettige inhoud op die Internet en internasionale pogings om hierdie probleem aan te spreek. Ter inleiding word daar aangetoon hoe die Internet aanleiding gee tot nuwe vorme van globale kommunikasie en die regsprobleme wat dit tot gevolg het. Dit word gevolg deur 'n ondersoek na die verskillende funksies van Internet verskaffers. 'n Ontleding en bespreking van Internet-spesifieke misdrywe plaas die meer algemene vraagstuk in 'n meer gefokusde konteks. Tradisionele en nuwe vorme van misdaad word bespreek. Hierdie afdeling word gevolg deur 'n ontleding van Internet diensverskaffer aanspreeklikheid ingevolge Duitse reg en die Duitse wetgewing op die terrein van telediens. Uit 'n internasionale strafreg oogpunt word sekere internasionale instrumente, soos die Cybercrime Convention van die Raad van Europa, bespreek. Nasionale wetgewing, veral in die konteks van die Europese Unie, word ook in die relevante regionale en internasionale konteks geplaas. Die tesis word afgesluit met sekere gedagtes oor alternatiewe, of moontlik komplimentêre, metodes in die stryd teen Internet-kriminaliteit. Dit moet nie gesien word as kritiek op die huidige stand van sake nie, maar eerder as 'n poging om die talle rolspelers in die stryd teen Internet misdaad se hande te sterk.
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Saganich, Robert Lee. "An investigation of electronic Protected Health Information (e-PHI) privacy policy legislation in California for seniors using in-home health monitoring systems." Diss., NSUWorks, 2019. https://nsuworks.nova.edu/gscis_etd/1075.
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This study examined privacy legislation in California to identify those electronic Protected Health Information (e-PHI) privacy policies that are suited to seniors using in-home health monitoring systems. Personal freedom and independence are essential to a person's physical and mental health, and mobile technology applications provide a convenient and economical method for monitoring personal health. Many of these apps are written by third parties, however, which poses serious risks to patient privacy. Current federal regulations only cover applications and systems developed for use by covered entities and their business partners. As a result, the responsibility for protecting the privacy of the individual using health monitoring apps obtained from the open market falls squarely on the states.
The goal of this study was to conduct an exploratory study of existing legislation to learn what was being done at the legislative level to protect the security and privacy of users using in-home mobile health monitoring systems. Specifically, those developed and maintained by organizations or individuals not classified as covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The researcher chose California due to its reputation for groundbreaking privacy laws and high population of seniors.
The researcher conducted a content analysis of California state legislation, federal and industry best practices, and extant literature to identify current and proposed legislation regarding the protection of e-PHI data of those using in-home health monitoring systems.
The results revealed that in-home health monitoring systems show promise, but they are not without risk. The use of smartphones, home networks, and downloadable apps puts patient privacy at risk, and combining systems that were not initially intended to function together carries additional concerns. Factors such as different privacy-protection profiles, opt-in/opt-out defaults, and privacy policies that are difficult to read or are not adhered to by the application also put user data at risk.
While this examination showed that there is legislative support governing the development of the technology of individual components of the in-home health monitoring systems, it appears that the in-home health monitoring system as a whole is an immature technology and not in wide enough use to warrant legislative attention. In addition – unlike the challenges posed by the development and maintenance of the technology of in-home health monitoring systems – there is ample legislation to protect user privacy in mobile in-home health monitoring systems developed and maintained by those not classified as covered entities under HIPAA. Indeed, the volume of privacy law covering the individual components of the system is sufficient to ensure that the privacy of the system as a whole would not be compromised if deployed as suggested in this study. Furthermore, the legislation evaluated over the course of this study demonstrated consistent balance between technical, theoretical, and legal stakeholders.
This study contributes to the body of knowledge in this area by conducting an in-depth review of current and proposed legislation in the state of California for the past five years. The results will help provide future direction for researchers and developers as they struggle to meet the current and future needs of patients using this technology as it matures. There are practical applications for this study as well. The seven themes identified during this study can serve as a valuable starting point for state legislators to evaluate existing and proposed legislation within the context of medical data to identify the need for legislation to assist in protecting user data against fraud, identity theft, and other damaging consequences that occur because of a data breach.
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Gottschalk, Jason Howard. "Towards an evaluation and protection strategy for critical infrastructure." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1018793.
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Critical Infrastructure is often overlooked from an Information Security perspective as being of high importance to protect which may result in Critical Infrastructure being at risk to Cyber related attacks with potential dire consequences. Furthermore, what is considered Critical Infrastructure is often a complex discussion, with varying opinions across audiences. Traditional Critical Infrastructure included power stations, water, sewage pump stations, gas pipe lines, power grids and a new entrant, the “internet of things”. This list is not complete and a constant challenge exists in identifying Critical Infrastructure and its interdependencies. The purpose of this research is to highlight the importance of protecting Critical Infrastructure as well as proposing a high level framework aiding in the identification and securing of Critical Infrastructure. To achieve this, key case studies involving Cyber crime and Cyber warfare, as well as the identification of attack vectors and impact on against Critical Infrastructure (as applicable to Critical Infrastructure where possible), were identified and discussed. Furthermore industry related material was researched as to identify key controls that would aid in protecting Critical Infrastructure. The identification of initiatives that countries were pursuing, that would aid in the protection of Critical Infrastructure, were identified and discussed. Research was conducted into the various standards, frameworks and methodologies available to aid in the identification, remediation and ultimately the protection of Critical Infrastructure. A key output of the research was the development of a hybrid approach to identifying Critical Infrastructure, associated vulnerabilities and an approach for remediation with specific metrics (based on the research performed). The conclusion based on the research is that there is often a need and a requirement to identify and protect Critical Infrastructure however this is usually initiated or driven by non-owners of Critical Infrastructure (Governments, governing bodies, standards bodies and security consultants). Furthermore where there are active initiative by owners very often the suggested approaches are very high level in nature with little direct guidance available for very immature environments.
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Mostert, Charl. "The benefits of contractual causes in mitigating project failures using business system projects." Thesis, Cape Peninsula University of Technology, 2014. http://hdl.handle.net/20.500.11838/1778.
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Dissertation submitted in partial fulfilment of the requirements for the degree
Master of Technology of Technology: Business Information Systems
in the Faculty of Business
at the Cape Peninsula University of TechnologyThis study evaluates the utilisation and effectiveness of contract clauses in Information Technology (IT) and Information System (IS) projects in South Africa to address and mitigate key risks associated with these types of projects. This study established whether specific clauses were being utilised to address key risks, and where clauses were being utilised, whether these clauses were effective in addressing and mitigating the impact of these key risks. The need for the study arose because the researcher had experienced on several occasions in his workplace that contracts which appeared fail-safe during the negotiation stage did not reach the proposed targets, let alone maturity of the agreement. To establish whether colleagues in similar positions in computer-based organisations experienced similar disruptions a quantitative questionnaire was distributed to organisations in the Johannesburg area to gain an insight into their risk profile. Risk could arise from the contract construction and/or wording. Reference was made to the contracts in the engineering environment where standard contracts have been in place for a number of years. Specifically the New Engineering Contract (NEC) of 2011 and the Professional Services Contract were consulted. The study concentrated on four categories of risk identified in a literature review, namely corporate management risk, project management risk, resource utilisation risk and technology risk, which resulted in 42 sub-factors examined. The population of suitable and relevant IT and IS companies could not be definitely established but the researcher made telephonic contact with known organisations and 24 participants agreed to participate in the exercise; 12 service providers and 12 clients of providers, where 78% of participants experienced one or more of the risk factors, and 53% used NEC standard contracts.
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Francisco, Andreia Marlene Correia. "A proteção jurídica de software na Europa: um percurso legislativo controverso." Dissertação, Faculdade de Direito da Universidade do Porto, 2010. http://hdl.handle.net/10216/63920.
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Mestrado em DireitoLaw
O principal objectivo desta dissertação é analisar o panorama legislativo actual, no seio da Europa e, com especial incidência na União Europeia, relativo à protecção jurídica dos programas de computador, bem como os tipos de regime que foram sendo adoptados, nomeadamente, pelos países europeus, desde o surgimento do programa de computador. Os programas de computador são obras funcionais e aparentam ser obras literárias, pois apresentam-se numa expressão linguística. Contudo, têm uma espinha dorsal de natureza maquinal : são o suporte lógico, o cérebro dos computadores 1. A dissertação centra-se na protecção dos programas de computador pelos Direitos de Autor e pelo Direito de Patentes, os dois meios de protecção reconhecidos como mais adequados pela maioria da doutrina, com manifesta expressão na legislação. Analisa-se, também, de forma breve, o panorama legislativo referente à protecção conferida aos programas de computador, a nível nacional, assim como a evolução nos Estados Unidos da América. Mediante a análise de um Caso de estudo, reconhece-se a importância da previsão legal da protecção das invenções implementadas por computador, bem como a possibilidade de concessão de uma patente única, no sentido de garantir às empresas europeias oportunidades de negócio e uma protecção eficaz das suas invenções
The main goal of this dissertation is to analyze the current legal scenery, within Europe and, with particular focus on European Union, concerning the legal protection of computer programs, as well as the types of arrangements that have been adopted, particularly by European countries, since the advent of the computer program. Computer programs are functional works and appear to be literary works, because they present themselves in a linguistic expression. However, they have a backbone of 'mechanical' nature: they are the logical foundation, they are computer s brains 2. The dissertation focuses on the protection of computer programs by Copyright and the Patents law, the two means of protection recognized as the most appropriate for the majority of the doctrine, with a clear expression in the legislation. We also briefly analyzed the regulatory scenery concerning the protection afforded to computer programs, on a national level as well as developments in the United States of America. Through analysis of a case study, the importance of the legal provision of computer-related inventions protection is recognized, as well as the possibility of granting a single patent to ensure business opportunities for European companies and effective protection for their inventions.
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Francisco, Andreia Marlene Correia. "A proteção jurídica de software na Europa: um percurso legislativo controverso." Master's thesis, Faculdade de Direito da Universidade do Porto, 2010. http://hdl.handle.net/10216/63920.
Full textAbstract:
Mestrado em DireitoLaw
O principal objectivo desta dissertação é analisar o panorama legislativo actual, no seio da Europa e, com especial incidência na União Europeia, relativo à protecção jurídica dos programas de computador, bem como os tipos de regime que foram sendo adoptados, nomeadamente, pelos países europeus, desde o surgimento do programa de computador. Os programas de computador são obras funcionais e aparentam ser obras literárias, pois apresentam-se numa expressão linguística. Contudo, têm uma espinha dorsal de natureza maquinal : são o suporte lógico, o cérebro dos computadores 1. A dissertação centra-se na protecção dos programas de computador pelos Direitos de Autor e pelo Direito de Patentes, os dois meios de protecção reconhecidos como mais adequados pela maioria da doutrina, com manifesta expressão na legislação. Analisa-se, também, de forma breve, o panorama legislativo referente à protecção conferida aos programas de computador, a nível nacional, assim como a evolução nos Estados Unidos da América. Mediante a análise de um Caso de estudo, reconhece-se a importância da previsão legal da protecção das invenções implementadas por computador, bem como a possibilidade de concessão de uma patente única, no sentido de garantir às empresas europeias oportunidades de negócio e uma protecção eficaz das suas invenções
The main goal of this dissertation is to analyze the current legal scenery, within Europe and, with particular focus on European Union, concerning the legal protection of computer programs, as well as the types of arrangements that have been adopted, particularly by European countries, since the advent of the computer program. Computer programs are functional works and appear to be literary works, because they present themselves in a linguistic expression. However, they have a backbone of 'mechanical' nature: they are the logical foundation, they are computer s brains 2. The dissertation focuses on the protection of computer programs by Copyright and the Patents law, the two means of protection recognized as the most appropriate for the majority of the doctrine, with a clear expression in the legislation. We also briefly analyzed the regulatory scenery concerning the protection afforded to computer programs, on a national level as well as developments in the United States of America. Through analysis of a case study, the importance of the legal provision of computer-related inventions protection is recognized, as well as the possibility of granting a single patent to ensure business opportunities for European companies and effective protection for their inventions.
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Basilio, Bernardo I. "Knowledge-based classification scheme for regulating the flow of hazardous materials through tunnels." Thesis, Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/91097.
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Safety is a major concern for tunnel operators. Local authorities responsible for tunnel facilities are concerned with developing restrictions for hazardous materials passing through the facility that will reduce the risk of death and injury, to an extent that these restrictions do not burden commerce unnecessarily.
Hazardous material regulatory controls for tunnels are extensive, detailed, and subject to constant changes. The general lack of expertise in tunnel personnel and the lack of a scientific basis leading to the development of these regulations have created problems to local tunnel authorities when updating the restrictions, or when faced with new materials introduced by the industry. Traditionally, most regulatory restrictions enforced both at the federal and the local level are based exclusively on subjective estimation by a panel of experts and on political influence. Experts, however, are not readily available and are expensive to maintain. The need for immediate decisions has constrained tunnel operators to rely on their own intuition in addressing real time transport safety problems in tunnel facility.
To address some of these problems, this research investigates the application of knowledge engineering tools to develop a consultative regulatory control system. Specifically, this study presents a structural framework for developing a knowledge-based expert system as an aid to decision-making in tunnel transport safety.
The regulatory problem is modeled as a classification type of problem, which lends itself neatly to an expert system application. Heuristic problem solver which is commonly used in solving classification problem involves the systematic matching of the attributes of an unknown entity to a set of pre-defined solutions. For this study's application, the regulatory groupings inherent in existing tunnel regulations are the basis for developing the solution space. The computer program developed uses knowledge which specifies the appropriate regulation applicable to a new commodity based on the material's physical and chemical properties.M.S.
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Witthammar, Anna. "EU-patent på datorrelaterade uppfinningar : en rättsekonomisk analys." Thesis, Linköping University, Department of Management and Economics, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2229.
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Computer programs must give a technical effect that goes beyond"normal physical interaction"to be considered to belong to a technical field. The invention shall be be susceptible of industrial application, which means that it should be possible to reproduce or use in any other industrial way. The reqirement that the invention shall be new means that the technique must not be previously known because of patents, published articles, etc. That an invention shall be a contribution to the state of the art in a technical field means that the invention shall not be obvious to invent for a person skilled in the art. Patents do effect the innovation among the inventers, but in most industries most inventions would be invented independent if there was a patent system or not. Only in pharmaceuticals- and chemicals industries, the patent is of a great importance. Patents are probably of lesser importance for the computer industry than for those industries, even though the industry is of great importance for many other industries and therefor, the patent system can be of great importance for some computer-implemented inventions as well. There is a risque the the competition is negatively affected by the patent system, becuase of the monopoly it gives. I believe, though, that the gain of the patent system compensates for the risque of imperfections in the market. The free movement for goods, persons, services and capital will probably not be affected if the proposal of the directive about patentibility of computer-implemented invention will get passed.
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Krein, Jonathan L. "Replication and Knowledge Production in Empirical Software Engineering Research." BYU ScholarsArchive, 2014. https://scholarsarchive.byu.edu/etd/4296.
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Although replication is considered an indispensable part of the scientific method in software engineering, few replication studies are published each year. The rate of replication, however, is not surprising given that replication theory in software engineering is immature. Not only are replication taxonomies varied and difficult to reconcile, but opinions on the role of replication contradict. In general, we have no clear sense of how to build knowledge via replication, particularly given the practical realities of our research field. Consequently, most replications in software engineering yield little useful information. In particular, the vast majority of external replications (i.e., replications performed by researchers unaffiliated with the original study) not only fail to reproduce the original results, but defy explanation. The net effect is that, as a research field, we consistently fail to produce usable (i.e., transferable) knowledge, and thus, our research results have little if any impact on industry. In this dissertation, we dissect the problem of replication into four primary concerns: 1) rate and explicitness of replication; 2) theoretical foundations of replication; 3) tractability of methods for context analysis; and 4) effectiveness of inter-study communication. We address each of the four concerns via a two-part research strategy involving both a theoretical and a practical component. The theoretical component consists of a grounded theory study in which we integrate and then apply external replication theory to problems of replication in empirical software engineering. The theoretical component makes three key contributions to the literature: first, it clarifies the role of replication with respect to the overall process of science; second, it presents a flexible framework for reconciling disparate replication terminology; and third, it informs a broad range of practical replication concerns. The practical component involves a series of replication studies, through which we explore a variety of replication concepts and empirical methods, ultimately culminating in the development of a tractable method for context analysis (TCA). TCA enables the quantitative evaluation of context variables in greater detail, with greater statistical power, and via considerably smaller datasets than previously possible. As we show (via a complex, real-world example), the method ultimately enables the empirically and statistically-grounded reconciliation and generalization of otherwise contradictory results across dissimilar replications—which problem has previously remained unsolved in software engineering.
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Balan, Júnior Osvaldo [UNESP]. "O estabelecimento virtual na sociedade técnica: a necessária busca de segurança jurídica nas transações comerciais." Universidade Estadual Paulista (UNESP), 2011. http://hdl.handle.net/11449/98930.
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balanjunior_o_me_fran.pdf: 1517696 bytes, checksum: ab435b5e58869752ea0cd89ca36317b8 (MD5)O presente trabalho buscará trazer uma profunda reflexão sobre o avanço técnico na sociedade moderna do instituto denominado estabelecimento virtual, assim como seus reflexos nas mais variadas searas. Buscar-se-á compreender este fenômeno através do estudo da técnica, tudo com base nas obras do pensador Jacques Ellul, que trilhou sobre as mais diversas áreas do conhecimento no século passado, com extremo brilhantismo, podendo, além disso, ser considerado um visionário. Mostrar-se-ão os problemas que o avanço tecnológico vem trazendo, os quais complicam o ser humano em sua vida particular, criando neuroses, fruto da adaptação deste ao mundo moderno. Para tanto e de forma mais analítica estudar-se-ão as características da técnica moderna, as quais permitem entender como se dá o desenvolvimento da técnica. Buscar-se-á compreender também o que vem a ser a informação, a principal técnica da atualidade, e as diferentes concepções sobre a sociedade contemporânea. Além disso, analisar-se-á a influência da imagem na sociedade técnica e sua predominância em relação à palavra. Necessária também se mostrou a análise do que vem a ser o comércio eletrônico, o novo modelo de realizações negociais, que se apresenta em franco crescimento. Assim, o estabelecimento virtual surge dentro deste contexto, não permitindo a criação de obstáculos, se encontrando atualmente em todo o mundo, sem enxergar as diferenças culturais e as menosprezando, trazendo uma uniformidade ao mundo, tanto pela forma de comercializar, como pelos produtos que expõe. Mas não são todas as pessoas do globo que tem acesso a este, sendo este outro grande problema apresentado pelo estabelecimento virtual: a exclusão digital. Por conseguinte, demonstrar-se-á...
The present study will try to create a profound reflexion about the technical advance in the modern society of the institute known as virtual establishment, and also its reflexes in a variety of associations. One of the objectives, is to understand this phenomenon thought the study of the technique, all based on the publications of the philosopher Jacques Ellul, who disserted about the various parts of knowledge in the last century with extreme brilliance,making him a true visionary. The problems brought by technological advances will be shown, these can complicated one´s private life, generating neurosis, a product of its adaptation to the modern world. To do so in an analytical form, the characteristics of the modern technique will be studied, permitting tounderstand the development of the technique. The meaning of information, the principal technique used in the actuality, and its different conceptions in contemporaneous society will be explained, and also, the influence of image in the technical society and its predominance in relation with words will be analyzed. The analyses of what is electronic marketing, a new model of business transactions that is in fast growth should also be done. The virtual market appears inside this context, without obstacles, spreading to the entire globe, with no eyes for cultural differences, bringing uniformity to the world, not just in the way to shop but also on the products available. But not everyone has access to it, being this a big problem presented by the virtual establishment: the digital exclusion. In this work, there will be shown the necessity of development of ways to advance in the virtual technique, ways that show be the result of a critical and reflexive posture of the man, which is rarely seen now a days. This work will be based on comparison of the traditional establishment... (Complete abstract click electronic access below)
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Sundstrom, Linda-Marie. "Internet radio: Identifying administrative and regulatory gaps in a cyberspace world without borders." CSUSB ScholarWorks, 2002. https://scholarworks.lib.csusb.edu/etd-project/2137.
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The purpose of this paper is to identify gaps in regulatory policies resulting from the emergence of Internet radio. To accomplish this purpose, the paper seeks to: 1) provide insights into agencies that may have direct involvement in potentially regulating Internet radio; 2) explore the concepts of jurisdiction in cyberspace; and 3) address the regulatory challenges that exist when traditional country borders no longer apply.
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Desai, Mohammed Reza. "An integrated approach for information security compliance in a financial services organisation." Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2396.
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Thesis (MTech (Information Technology))--Cape Peninsula University of Technology, 2016.The aim of this research is to identify and explore the factors affecting information security compliance of information security policies and regulations, in a financial services organisation. The organisation has to comply with information security regulations and legislations by righteousness of its operations in light of the fact that any wrong doing together with misuse of data, are continually expanding. Corporate embarrassments comes about due to rupture of security, results in expanded thoughtfulness regarding corporate consistency. Legislature and policies have been set up to counter information security issues. This legislature and policies are not adequately addressing the compliance issues that arise, but are needed within organisations. Compliance targets are not met due to inconsistent guidelines that turns out to be significant in diminishing the financial position, reputation and security of information. This research further aims to explore whether employees comply with laws and regulations regarding information in an organisation. This is done in order to confirm whether governance and human factors play any significant part in compliance. The research is an exploratory study and specifically analyses the governance function and which stakeholders influence its operations in information compliance. The research investigates certain questions on organisational culture and the human factor, do influence employee’s compliance to laws and regulations. The objectives of the research are to investigate which factors, and how such factors influence compliance of information security policies and compliance with the goal of designing an integrated framework to assist in counteracting these findings. The research is underpinned by the Neo-institutional theory, Agency Theory and Rational choice theory. The Denison organisational cultural model and a framework proposed by von Solms are used as lenses to interpret the data of the research.
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孫陸陽. "暗網絡犯罪的刑法問題研究 =Research on criminal law of dark network crime." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3950654.
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Balan, Júnior Osvaldo. "O estabelecimento virtual na sociedade técnica : a necessária busca de segurança jurídica nas transações comerciais /." Franca : [s.n.], 2011. http://hdl.handle.net/11449/98930.
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Orientador: Jorge David Barrientos-ParraBanca: Rui Décio Martins
Banca: Jorge Luis Mialhe
Resumo: O presente trabalho buscará trazer uma profunda reflexão sobre o avanço técnico na sociedade moderna do instituto denominado estabelecimento virtual, assim como seus reflexos nas mais variadas searas. Buscar-se-á compreender este fenômeno através do estudo da técnica, tudo com base nas obras do pensador Jacques Ellul, que trilhou sobre as mais diversas áreas do conhecimento no século passado, com extremo brilhantismo, podendo, além disso, ser considerado um visionário. Mostrar-se-ão os problemas que o avanço tecnológico vem trazendo, os quais complicam o ser humano em sua vida particular, criando neuroses, fruto da adaptação deste ao mundo moderno. Para tanto e de forma mais analítica estudar-se-ão as características da técnica moderna, as quais permitem entender como se dá o desenvolvimento da técnica. Buscar-se-á compreender também o que vem a ser a informação, a principal técnica da atualidade, e as diferentes concepções sobre a sociedade contemporânea. Além disso, analisar-se-á a influência da imagem na sociedade técnica e sua predominância em relação à palavra. Necessária também se mostrou a análise do que vem a ser o comércio eletrônico, o novo modelo de realizações negociais, que se apresenta em franco crescimento. Assim, o estabelecimento virtual surge dentro deste contexto, não permitindo a criação de obstáculos, se encontrando atualmente em todo o mundo, sem enxergar as diferenças culturais e as menosprezando, trazendo uma uniformidade ao mundo, tanto pela forma de comercializar, como pelos produtos que expõe. Mas não são todas as pessoas do globo que tem acesso a este, sendo este outro grande problema apresentado pelo estabelecimento virtual: a exclusão digital. Por conseguinte, demonstrar-se-á... (Resumo completo, clicar acesso eletrônico abaixo)
Abstract: The present study will try to create a profound reflexion about the technical advance in the modern society of the institute known as virtual establishment, and also its reflexes in a variety of associations. One of the objectives, is to understand this phenomenon thought the study of the technique, all based on the publications of the philosopher Jacques Ellul, who disserted about the various parts of knowledge in the last century with extreme brilliance,making him a true visionary. The problems brought by technological advances will be shown, these can complicated one's private life, generating neurosis, a product of its adaptation to the modern world. To do so in an analytical form, the characteristics of the modern technique will be studied, permitting tounderstand the development of the technique. The meaning of information, the principal technique used in the actuality, and its different conceptions in contemporaneous society will be explained, and also, the influence of image in the technical society and its predominance in relation with words will be analyzed. The analyses of what is electronic marketing, a new model of business transactions that is in fast growth should also be done. The virtual market appears inside this context, without obstacles, spreading to the entire globe, with no eyes for cultural differences, bringing uniformity to the world, not just in the way to shop but also on the products available. But not everyone has access to it, being this a big problem presented by the virtual establishment: the digital exclusion. In this work, there will be shown the necessity of development of ways to advance in the virtual technique, ways that show be the result of a critical and reflexive posture of the man, which is rarely seen now a days. This work will be based on comparison of the traditional establishment... (Complete abstract click electronic access below)
Mestre
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劉漢傑. "電腦犯罪若干問題研究 =Research into the some question of computer crime." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570914.
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Jeppson, Jonas. "The OECD cryptography policy guidelines and their implementation /." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31164.
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The Organization for Economic Co-operation and Development (OECD) issued on 27 March 1997 a recommendation concerning cryptography policy guidelines in an attempt to foster international co-operation and harmonization. Information is becoming increasingly valuable in society. Globalization of markets, improvements in information and communication technology and the shift to a knowledge-based economy has, furthermore, created an enormous potential for electronic commerce. Conservative estimates predict electronic commerce will have a turnover of more than US $400 billion by 2002. The increasing importance of information and communications has, however, made the information society vulnerable. Cryptography plays an important part in securing transactions in electronic commerce and moreover, in establishing a secure electronic environment in the information society. Fear of privacy infringements and lack of secure methods for electronic transactions has until now been holding electronic commerce back. Cryptographic methods are an essential part in securing electronic commerce. Law enforcement agencies and national security organizations fear, however, that widespread use of strong encryption will impede their work substantially. This thesis analyzes the advantages and disadvantages of strong encryption and how the balance of the conflicting interests has been dealt with in the OECD Cryptography Policy Guidelines. Moreover, shows the thesis how the OECD Cryptography Policy Guidelines have been implemented and makes suggestions on how the guidelines should be implemented.
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Hargreaves, C. J. "Assessing the Reliability of Digital Evidence from Live Investigations Involving Encryption." Thesis, Department of Informatics and Sensors, 2009. http://hdl.handle.net/1826/4007.
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The traditional approach to a digital investigation when a computer system is
encountered in a running state is to remove the power, image the machine using a
write blocker and then analyse the acquired image. This has the advantage of
preserving the contents of the computer’s hard disk at that point in time. However, the
disadvantage of this approach is that the preservation of the disk is at the expense of
volatile data such as that stored in memory, which does not remain once the power is
disconnected. There are an increasing number of situations where this traditional
approach of ‘pulling the plug’ is not ideal since volatile data is relevant to the
investigation; one of these situations is when the machine under investigation is using
encryption. If encrypted data is encountered on a live machine, a live investigation
can be performed to preserve this evidence in a form that can be later analysed.
However, there are a number of difficulties with using evidence obtained from live
investigations that may cause the reliability of such evidence to be questioned. This
research investigates whether digital evidence obtained from live investigations
involving encryption can be considered to be reliable. To determine this, a means of
assessing reliability is established, which involves evaluating digital evidence against
a set of criteria; evidence should be authentic, accurate and complete. This research
considers how traditional digital investigations satisfy these requirements and then
determines the extent to which evidence from live investigations involving encryption
can satisfy the same criteria. This research concludes that it is possible for live digital
evidence to be considered to be reliable, but that reliability of digital evidence
ultimately depends on the specific investigation and the importance of the decision
being made. However, the research provides structured criteria that allow the
reliability of digital evidence to be assessed, demonstrates the use of these criteria in
the context of live digital investigations involving encryption, and shows the extent to
which each can currently be met.
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Hargreaves, Christopher James. "Assessing the reliability of digital evidence from live investigations involving encryption." Thesis, Cranfield University, 2009. http://dspace.lib.cranfield.ac.uk/handle/1826/4007.
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The traditional approach to a digital investigation when a computer system is encountered in a running state is to remove the power, image the machine using a write blocker and then analyse the acquired image. This has the advantage of preserving the contents of the computer’s hard disk at that point in time. However, the disadvantage of this approach is that the preservation of the disk is at the expense of volatile data such as that stored in memory, which does not remain once the power is disconnected. There are an increasing number of situations where this traditional approach of ‘pulling the plug’ is not ideal since volatile data is relevant to the investigation; one of these situations is when the machine under investigation is using encryption. If encrypted data is encountered on a live machine, a live investigation can be performed to preserve this evidence in a form that can be later analysed. However, there are a number of difficulties with using evidence obtained from live investigations that may cause the reliability of such evidence to be questioned. This research investigates whether digital evidence obtained from live investigations involving encryption can be considered to be reliable. To determine this, a means of assessing reliability is established, which involves evaluating digital evidence against a set of criteria; evidence should be authentic, accurate and complete. This research considers how traditional digital investigations satisfy these requirements and then determines the extent to which evidence from live investigations involving encryption can satisfy the same criteria. This research concludes that it is possible for live digital evidence to be considered to be reliable, but that reliability of digital evidence ultimately depends on the specific investigation and the importance of the decision being made. However, the research provides structured criteria that allow the reliability of digital evidence to be assessed, demonstrates the use of these criteria in the context of live digital investigations involving encryption, and shows the extent to which each can currently be met.
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Asubiaro, Omowumi Modupe. "www.crimesagainstchildren.com : addressing child pornography via the Internet in Africa." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
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The study focus on child pornography on the Internet as a manifestation of sexual abuse and sexual exploitation of children. The debate centres around the exacerbated effect of child pornography on victims and subsequent effects on the society. Ultimately, the study aims to highlight the various legal and non-legal responses specific to child pornography on the Internet with a view to proffer solutions to African states on how to deal with the problem. The study also lend an African voice to the ongoing debate on how to deal with the problem of child pornography on the Internet
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Souza, Ricardo Vieira de. "O ciberespaço e a jurisdição transnacional: necessidade de regulação." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21438.
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Ricardo Vieira de Souza.pdf: 1123440 bytes, checksum: e5ceefcb485691ee0e19257f666d7604 (MD5)Made available in DSpace on 2018-09-26T10:04:28Z (GMT). No. of bitstreams: 1 Ricardo Vieira de Souza.pdf: 1123440 bytes, checksum: e5ceefcb485691ee0e19257f666d7604 (MD5) Previous issue date: 2018-08-24
This work is based on the concern about the practice of illicit at the transnational level facilitated by the incessant and always renewed improvement of communication through the world wide web. If on the one hand, the internet, an indisputable product of this network, has favored the connection between people from different parts of the world, on the other hand, has brought cyber-crime to the forefront, which at the same time challenges the establishment of a criminal guardianship for cyberspace in impunity. This is due to the phenomenon of globalization, which has shortened distances in the face of technological and social advances, and the consequences of criminal law. The present research sought to justify how it is possible before the classical concepts of sovereignty that a state effectively combats transnational cyber crime. For that, points were developed as to how the classic concept of sovereignty is found; the characteristics of cyberspace; and the concepts of jurisdiction and criminal jurisdiction. Thus, a dogmatic criminal and procedural criminal analysis will be carried out if it is possible to establish a transnational criminal jurisdiction as a way of regulating cyberspace
Este trabalho parte da preocupação com a prática de ilícitos em nível transnacional facilitada pelo aprimoramento incessante e sempre renovado da comunicação através da rede mundial de computadores. Se de um lado, a internet, produto indiscutível dessa rede, favoreceu a conexão entre as pessoas de diversas partes do mundo, de outro, trouxe à baila a criminalidade cibernética, que contemporaneamente desafia o estabelecimento de uma tutela penal para o ciberespaço no que tange a impunidade. Isso decorre do fenômeno da globalização, a qual encurtou distâncias em face dos avanços tecnológicos e sociais, e as consequências causadas ao direito penal. A presente pesquisa buscou fundamentar como é possível ante os conceitos clássicos de soberania, que um Estado combata a criminalidade cibernética transnacional de maneira efetiva. Para tanto, foram desenvolvidos pontos de como encontra-se o conceito clássico de soberania; as características do ciberespaço; e os conceitos de jurisdição e competência penal. Torna-se assim efetuar uma análise dogmática penal e processual penal se é possível se instituir uma jurisdição penal transnacional como forma de regular o ciberespaço
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Breindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.
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Digital rights activism constitutes an exemplary case of how internet affordances can be mobilised to engender political change. The values and principles stemming from the hacker imaginaire, and free and open source software practices, underpin digital rights activism, which uses the internet as a tool, object and platform for the protection of rights in the digital realm. The analysis focuses on how digital rights activists use and adapt the political affordances of the internet to intervene in European Union policy-making. Two original case studies of internet-based campaigning at the European level (the “No Software Patents” and the “Telecoms package” campaigns) provide in-depth insight into the campaigning processes and their impact upon parliamentary politics. The cases highlight the complementarity of online and offline collective action, by examining processes of open collaboration, information disclosure and internet-assisted lobbying. The success of the “Telecoms package” campaign is then assessed, along with the perspective of the targets: members and staff of the European Parliament.The belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.
Doctorat en Information et communication
info:eu-repo/semantics/nonPublished
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Spencer, Logan Lemuella C. "Changing from the silo model to the horizontal layers model in public policy regulations : the implications and potential for the telecommunications industry /." Thesis, Available online, Georgia Institute of Technology, 2005, 2005. http://etd.gatech.edu/theses/available/etd-11282005-192311/.
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Stockl, Daimon. "Aspects of the registration of software as patents." Thesis, 2014. http://hdl.handle.net/10210/9499.
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LL. M. (Intellectual Property Law)Throughout the history of mankind and the countless ages in which law has found a voice, there has existed a need to achieve and maintain a balance between conflicting interests. In this everchanging and dynamic society the need for a balance is paramount. Although it may seem that the various conflicting interests are predominately of a private nature, many of these conflicting interests have consequences that have a salient impact on social welfare. One such branch of the law in which conflicting interests between various interested parties surface is patent law, and the controversial issue of software programs. The current socio-economic environment has experienced exponential technological growth, with substantial advancements not only in the field of hardware but also in the field of software. However, this same rapid growth is not always true when it comes to the law which, in certain fields may be remarked to unfortunately be lagging behind in the degree of protection it affords. The consequences of this may be dire in the case of technological developments, for it is the protection afforded that is in part responsible for the advancements in technology. This once again draws into account the fine line in the balance of rights between various conflicting interests, namely the protection of an individual’s creativity versus that of social welfare. In certain cases, regardless of how innovative or unique certain discoveries or developments may be, if they are important to the social welfare, then an individual’s rights or need for protection must give way. Having said this, one needs to evaluate where software programs fall within this delicate balance of rights. The legal position with regard to software programs in South African intellectual property law is found within the legislation. Namely, the protection afforded to software programs in the Copyright Act,1 and the exclusion of protection in the Patents Act.2 In light of this, why software programs are expressly excluded from protection in the Patents Act will be analysed. It will also be determined if, and to what extent, the Patents Act can be said to afford protection to software
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Dagada, Rabelani. "Legal and policy aspects to consider when providing information security in the corporate environment." Thesis, 2014. http://hdl.handle.net/10500/18839.
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E-commerce is growing rapidly due to the massive usage of the Internet to conduct commercial transactions. This growth has presented both customers and merchants with many advantages. However, one of the challenges in E-commerce is information security. In order to mitigate e-crime, the South African government promulgated laws that contain information security legal aspects that should be integrated into the establishment of information security. Although several authors have written about legal and policy aspects regarding information security in the South African context, it has not yet been explained how these aspects are used in the provision of information security in the South African corporate environment.
This is the premise upon which the study was undertaken. Forty-five South African organisations participated in this research. Data gathering methods included individual interviews, website analysis, and document analysis.
The findings of this study indicate that most organisations in South Africa are not integrating legal aspects into their information security policies. One of the most important outcomes of this study is the proposed Concept Model of Legal Compliance in the Corporate Environment. This Concept Model embodies the contribution of this study and demonstrates how legal requirements can be incorporated into information security endeavours. The fact that the proposed Concept Model is technology-independent and that it can be implemented in a real corporate environment, regardless of the organisation’s governance and management structure, holds great promise for the future of information security in South Africa and abroad.
Furthermore, this thesis has generated a topology for linking legislation to the provision of information security which can be used by any academic or practitioner who intends to implement information security measures in line with the provisions of the law. It is on the basis of this premise that practitioners can, to some extent, construe that the integration of legislation into information security policies can be done in other South African organisations that did not participate in this study. Although this study has yielded theoretical, methodological and practical contributions, there is, in reality, more research work to be done in this area.School of Computing
D. Phil. (Information Systems)