Ss."Cyril and Methodius" University in Skopje
Faculty of Law "Iustinianus Primus"-Skopje
Master’s Degree programme in Intellectual Property Law (LL.M.)
The abuse of the cyberspace - jeopardizing the copyrights
Prof. Goce Naumovski, PhD
I.I The rise of technology and Internet as a platform for new problems
So cyberspace is real. And so are the risks that come with it. - President Barack Obama1
Despite the many and obvious benefits of the modern electronic communications development,it has also brought with it the worrying threat of intentional attacks against information systems and network platforms/infrastructures. As cyberspace ...view middle of the document...
This new boundary defines a distinct Cyberspace that needs and can create its own law and legal institutions. Territorially based law-makers and law-enforces find this environment deeply threatening But established territorial authorities may yet learn to defer to the self regulatory efforts of Cyberspace participants who care most deeply about this new digital trade in ideas, information, and services. Separated from doctrine tied to territorial juristidictions, new rules will emerge to govern a wide range of new phenomena that have no clear parallel in nontrivial world. These new rules will play the role of the law by defining the legal personalhood and property, resolving disputes, and crystalysing a collective conversation about online particitants’ core values.
* Internet enables copyright infringements – quick and easy
The internet has become a hotbed of activity for creating and sharing content. YouTube, SoundCloud,Flickr, Dropbox, Facebook… all of these websites encourage and enable laypersons to create and share content with the world. However, these platforms also enable users to easily share content copyrighted bythird parties. Copyright infringement is generally considered tortious. Torts are usually governed by the
law of the country in which the tort is committed. However, various international instruments now expressly restrict “making a copyrighted work available” online. If a single user uploads a file that is accessible to the world, has that user committed a tort in every country around the world? If so, applying the traditional rules, would result in a multitude of laws applying.
In absence of global agreement on applicable copyright principles, the jurisdictional problems inherent In any attempt to apply territorially based copyright regimes to electronic works simultaneously available everywhere around the globe are profound
* Example for distributing piracy of new released Hollywood movie
A major Hollywood studio PIL Films releases the new blockbuster film International Connections in a global same-day cinema release. California based piracy group Pirates International films the new film from the projection booth on opening night. That same night, a member of Pirates International digitizes and compresses the new film and uploads it to a private server in Bulgaria. Pirates International immediately sends out a message to its close supporters that a copy of International Connections is available on their servers.
Person X in New Zealand closely follows Pirates International’s releases. He receives the message and downloads International Connections from the Bulgarian servers. Quentin watches the film with friends and then uploads it to his account on X-Store, a cloud storage service. X-Store’s primary offices are located in Hong Kong. X-Store stores redundant copies of its customers’ files on servers in Oregon, Germany and China. Person X then posts links to the uploaded film on EasyShare, a message...