Cyber Law Assignment: Copyright, Patents, Privacy, and Ethics

This assignment delves into various aspects of cyber law, examining the interplay between technology and legal frameworks. It begins by discussing the tension between technological advancements and governmental regulations, particularly concerning copyright and data protection. The assignment then explores the concept of fair use under U.S. Copyright Law, highlighting copyright infringement related to music downloads and unauthorized distribution. The analysis extends to patent law, specifically the 'one-click' technology patent, and raises ethical questions about patentability and infringement. Furthermore, the assignment addresses issues of privacy and defamation in the digital realm, focusing on the unauthorized use of individuals' names and copyrighted material. The provided solution references relevant legal concepts and scholarly sources, offering insights into the complexities of cyber law.

Running head: CYBERSPACE LAW
Cyberspace Law
Name of the Student
Name of the University
Author Note

1CYBERSPACE LAW
Q1
Technology and regulation are always at daggers drawn and are deemed to be conflict in
their interest. Technology helps in the growth of market and economy and regulations are
impediments to growth which are conducted by the Government. Technological advances are
made every day and new devices are found to enhance regulation1. The aim of the Government is
to conduct electronic surveillance and protect data which is present on the public domain.
Technology has impacted technology outcomes and the Government is finding ways to deal with
the perceived destabilization by ensuring that the copyright owners have their rights protected
and they do not face any infringements.
Q2
Section 107 of the U.S Copyright Law talks about the fair use doctrine, which states that
copyrighted material can be used under permissible conditions. Taking anybody’s copyrighted
work without permission is infringing his rights. Making any unauthorized copy of a copyrighted
music is illegal and attracts civil and criminal liabilities2. The unauthorized sharing can be done
either by downloading or copying from a CD and in all the cases, it will be considered an illegal
if done without the permission of the owner. Downloading music from Napster is illegal.
Therefore, if anyone downloads a copyrighted music, it shall constitute infringement and be
termed criminal.
1 Yadav, Laksh. "Unit-12 Privacy Policy." (2017).
2 Peltz-Steele, Richard J., and Ralph D. Clifford. "Design Patent Infringement Needs a Free Expression Defense."
(2017).

2CYBERSPACE LAW
Q3
Though the judgment was in favour of Amazon, it can be said that the Court did not apply the
laws to understand the one-click technology and the patentability of the same. There was no solid
evidence to point that the one click technology had enough innovation that it could warrant a
patent. If it is not patented protected, there is no way a claim can arise as to whether there was an
infringement or not3. Therefore, strictly from the perspective of ethics, the court can be said to be
morally at fault for not applying the factual conditions to patentability of the product. An
example of a business method patent is Priceline’s Reverse Auction where users can place bids
on items which have not been available.
Q4
1. Samples on the internet containing name of them constitutes an infringement of their
privacy and also leads to defamation. Defamation can be aside to occur when the
reputation of a person is hampered in the public domain4.
2. Downloading songs of copyrighted owners is an infringement of copyright and is
unlawful. If the songs are downloaded without the permission of the owner, it leads to
copyright infringement. Hence brilliant is liable for copyright infringement.
3 Wood, Jarrad, and Jonathan Stroud. "Three Hundred Nos: An Empirical Analysis of the First 300+ Denials of
Institution for Inter Partes and Covered Business Method Patent Reviews Prior to In re Cuozzo Speed Technologies,
LLC, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015)." The John Marshall Review of Intellectual Property Law 14.2
(2015): 1.
4 Chung, Young Nam. "A Review on the Concepts, Types, Aspects and Activation Factors of New Media
Hooliganism." Science Journal of Business and Management 5.5 (2017): 199.

3CYBERSPACE LAW
References
Chung, Young Nam. "A Review on the Concepts, Types, Aspects and Activation Factors of New
Media Hooliganism." Science Journal of Business and Management 5.5 (2017): 199.
Peltz-Steele, Richard J., and Ralph D. Clifford. "Design Patent Infringement Needs a Free
Expression Defense." (2017).
Wood, Jarrad, and Jonathan Stroud. "Three Hundred Nos: An Empirical Analysis of the First
300+ Denials of Institution for Inter Partes and Covered Business Method Patent Reviews Prior
to In re Cuozzo Speed Technologies, LLC, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015)." The
John Marshall Review of Intellectual Property Law 14.2 (2015): 1.
Yadav, Laksh. "Unit-12 Privacy Policy." (2017).