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Law and Emerging Technology Downloaded from www.careergyaan.org
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Technology has created new frontiers for the jurisprudence. World over, the sovereign governments have responded back by enacting various enactments, not to regulate technology but to regulate human behaviour in the new emerging setting. Downloaded from www.careergyaan.org
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Technology Technology has always posed problems for law but lawyers and judges have been managing the problems by stretching the meaning of the existing laws without breaking the spirit of laws. Downloaded from www.careergyaan.org
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Communications Physical Communication Electrical Communication Digital Communication Downloaded from www.careergyaan.org
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Protecting Advancements…. Legal rights which result from intellectual activity in: Industrial Scientific Literary Artistic Downloaded from www.careergyaan.org
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Reasons to Protect IP To give statutory expression to the moral and economic rights of creators in their creations. To promote creativity and the dissemination to contribute to economic and social development. Downloaded from www.careergyaan.org
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Origin on Patent Law The word ‘patent’ has come from the Latin phrase ‘litterae patents’ meaning letters patent. Patent means open and letters patent was used to refer to open letters conferring privileges, rights, ranks or titles by sovereign bodies/rulers. Downloaded from www.careergyaan.org
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The first patent law was passed by Venetian Senate on March 14, 1474: “ We have among us men of great genius, apt to invent and discover ingenious devices….Now, if provisions were made for the works and devices discovered by such persons, so that others who may see them could not build them and take the inventors’ honour away, more men would then apply their genius, would discover, and would discover, and would build devices of great utility for our common wealth.” Downloaded from www.careergyaan.org
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Origin of Copyright Law Printing Technology Act of Henry VIII, 1529 Privileges for printing of books Statute of Queen Anne 1709 Engravings (1734), Sculpture (1798), Artistic Works (1862), Dramatic Works (1833), Musical Works (1842) Downloaded from www.careergyaan.org
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International Conventions Berne Convention for the Protection of Literary and Artistic Works, 1886 Defined….. “Literary and Artistic Works” [Article 2] WIPO Copyright Treaty (WCT),1996 Downloaded from www.careergyaan.org
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Technologies and Copyright History of copyright legislations reflect continuous legal responses to technological challenges which has (a) expanded the scope of existing rights and works, and (b) creating new rights and works Downloaded from www.careergyaan.org
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Digital Communication: Internet Internet (the term ‘Internet’ being an abbreviation of the word ‘internetworking’). It is ‘network of networks. On a conceptual level it is simply a group of computers that are physically linked together with cabling. In addition, all of these computers must be running software that allows them to recognize that they are all part of the same network. Downloaded from www.careergyaan.org
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Internet & World Wide Web Introduction of the World Wide Web (WWW). It uses the system known as hypertext to create links between documents. WWW is a subset of Internet. Downloaded from www.careergyaan.org
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“ It was the best of times, it was the worst of times; it was the age of wisdom, It was the age of foolishnesses… we had everything before us, we had nothing before us.” - Charles Dickens – A Tale of Two Cities Downloaded from www.careergyaan.org
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Paradigm Shift Paradigm shift, noun A fundamental change in approach or underlying assumptions. Downloaded from www.careergyaan.org
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Paradigm Shift in Law Paradigm Shift in Jurisprudence (the theory or philosophy of law) Downloaded from www.careergyaan.org
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Paradigm Shift & Technology Downloaded from www.careergyaan.org
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Business2Technology Downloaded from www.careergyaan.org
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Paradigm Shift…. Technology2Business Downloaded from www.careergyaan.org
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Paradigm Shift…. Geographical Space to Cyberspace Downloaded from www.careergyaan.org
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Paradigm Shift…. Physical to Virtual Downloaded from www.careergyaan.org
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Paradigm Shift…. Citizens to Netizens Downloaded from www.careergyaan.org
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Paradigm Shift…. Tangible to Intangible Downloaded from www.careergyaan.org
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Paradigm Shift…. Functional Equivalent Approach Downloaded from www.careergyaan.org
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It extends notions such as “Writing”, “Signature” and “Original” of traditional paper-based requirements to a paperless world. Downloaded from www.careergyaan.org
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A Quantum Leap Leap based on technology to explore new dimensions, facets in jurisprudence….. new level of man-machine interface. Downloaded from www.careergyaan.org
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Moving bits is cheaper than moving atoms. -Nicholas Negroponte Downloaded from www.careergyaan.org
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One Wired World Technology is creating a one wired world. Continents…….Countries & Cultures are much closer than they were at any time in the history of mankind. Downloaded from www.careergyaan.org
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Computer Power Computer is a powerful tool in a limitless cyberspace. Power of one computer is the power of ‘all connected computers’. Downloaded from www.careergyaan.org
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Power of Give & Take….. Whatever you touch electronically, it touches you back. Downloaded from www.careergyaan.org
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Information Technology is here to stay…… Thanks to technology, governance is now referred to as ‘e-governance’, commerce as ‘e-commerce’ and signatures as ‘digital signatures’. Downloaded from www.careergyaan.org
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Power to Regulate Computer & Networks Could we apply the present set of ‘physical laws’ to cyberspace? Downloaded from www.careergyaan.org
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Defining Cyberspace A Virtual Medium Downloaded from www.careergyaan.org
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Cyber world is not a Xerox version of the geographical world. Downloaded from www.careergyaan.org
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A world based on bits and bytes. Downloaded from www.careergyaan.org
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Limitations of Physical Laws Physical laws have limitations in the sense that they are uni-dimensional in application. They are meant for the physical world, which is static, defined and incremental. Downloaded from www.careergyaan.org
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Law for Cyberspace Cyberspace is dynamic, undefined and exponential. It needs dynamic laws, keeping pace with the technological advancement. Downloaded from www.careergyaan.org
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Defining Cyber Law The word “cyber law” encompasses all the cases, statutes and constitutional provisions that affect persons and institutions who control the entry to cyberspace, provide access to cyberspace, create the hardware and software which enable people to access cyberspace. Downloaded from www.careergyaan.org
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It is thus imperative that the law must understand the ‘language of technology’ and technology users must understand the ‘language of law’. To say that technology and law are like east and west and “twain shall never meet” would be fallacious. Technological development is a continuous process. It is improving all the time. Law has to move in- tandem with the technological advances. Downloaded from www.careergyaan.org
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It cannot be helped, it is as it should be, that the law is behind the times. - Oliver Wendell Holmes Downloaded from www.careergyaan.org
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Thank You Downloaded from www.careergyaan.org
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