Briefly Describe the Law Pertaining to Intellectual Property in E-Commerce (Coursework Sample)

ECOMMERCE LAW
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Whether the ‘technical measures’ that could be taken against those who engage in illegal file sharing over the internet under the terms of the Digital Economy Act 2010 offer a practical or socially acceptable solution to internet based copyright theft?
The Digital Economy Act 2010 has ensured service providers of internet and web to provide stable, necessary changes to provision of such services where the services may be included for overall effective reforms in security, personal information rights and secure transfer without infringements. This act is expected to assure the consumer of protected services and allow details on commercial and electronic management of information. These technical regulations provide various implemented aspects and ability to plan ecommerce . Firstly limiting the speed of service ,then preventing subscriber from developing these services to effectively access a particular material, suspending or limiting the service in some other way. These technical regulations provide a draconian and difficult to implement rules these are evidently or at worst due to subscriber’s human rights ,right to private information and also expectedly allow a freedom of expressing ones thoughts and feelings without any hindrance.
The 2010 Act is in favor for the implementation of specific regulations that allow these courts in bringing grants and blocking injunction for infringed copyright domains and servers. The definition of being or having a vague 'location on the internet' rather than a domain and address which is not easily grasped by public or by the courts has already attracted criticism
The Code of laws and rules still have a great way to go before these can become fully operative since the given licence owners might have to estimate the available threshold by when or time period by which a copyright infringement list might be able to become defined and fully functional. The Code of such laws and regulations must be covering or concerning necessarily the requirement costs, information storage, enforcement and various other sanctions. It is expected that such complicated and complex interlinked disputes between ISPs and licence owners can be effectively dealt with using various subscriber appeals systems. 
On a basis of operational efficiency it is still a regulation having many aspects that would need kneading and processing of large amounts of ISP data, security, authentication and develops different aspects within the new millennium. Subscribers can prove similarly whether can commit themselves to obtain licence ,effectively implement service regulatory nuances and improvise on taking reasonable steps to stop others from infringing and debilitating international internet service.
 The process of granting resolutions and developing lengthy political hurdles has made the development of such regulations difficult and unrealizable (The Digital Economy Act 2010, 2010). The other issue with the regulatory approval and developments are more often relevant and only expectedly successful when these are being delivered in real time both for the government procedure and also for the internet consumers. Reputational damage invariably produces irate bloggers and inetrnet users . The arguments against pursuing the campaign on such infringements cannot and might not be able to be implemented since the licence holder’s brand might be recognized both locally and internationally. In addition, the 2010 Act is already what many have doubts whether the traditional route is not, that is whether many people continue to download such services from internet and web, they may still be prosecutable. Such techniques might not be particularly feasible because then in terms of costs of the traditional route these expand invariably higher than expected. Traditional route of such internet service provision may effectively have many advantages. This is evidently because purpose of the material or how it is hosted online is made to be then similar to other service provisions where it may effectively be different in response and delivery. There might be extra period of time when the internet provision and development from ISP licenses may take extra time.Many alternatives do exist but the same strategies to deal with such eventualities or infringements or defamatory material which might likely be to remove from websites, traced or blogs shut down can still be the effective measures to outweigh such efforts and costs that are downright difficult and harsh and can prove beneficial. HYPERLINK "javascript:openDSC(2833549681,%2043,%20'472');" Whenever a copyright infringement occurs for a website, the traditional route is to recover through injunctions against ISPs, shutting down and or tracing routes only if actual knowledge of the infringement exists. This again is a difficult measure to control and eradicate as many methods to control traffic of data on the internet is not possible within a short period of time. The legislation for Digital Economy Act 2010 has been indicated as a difficult procedure for its impacts in overall economy and development. The effects and issues in flexibility of legislation is not currently available. While the ability of licencing for various providers of ecommerce and digital services may not have the required ability to adapt or change commercial obligations into market real forces so as to be able to render these laws and regulations in a more relevant and design specific capability. This change from the new framework has little effect in maximizing licence value and worth.
This legislative framework had been available even when digital media was emerging and still did not have any significant market impact possible. Even while having or showing strong commitment to convergence and digital television, the legislation should be updated to reflect the inner speed of technological change. The existing developments in market intervention and need to establish frequent adaptations in intellectual property rights, allows operative efficiency. However, the legal intervention is a source of increasing technological presence also.2IP crime is a serious challenge in UK economy. The Rogers Review found criminal gains from IP crime in the UK for 2006 to be nearly £1.3 billion. Specifically, there is evidence from industry and related IP crime data of increasing crime on the internet. It is still in infancy how these provisions of clause 10-13,14 and 18 are implied to comply while being under the Human Rights Act itself.thus the interpretations of these laws should imply reasons for change , privacy rights and property rights complexity in market regulations and licencing as also deliver on being definate and have ease of use. These regulations are not having proper economic impact assessment as defined by the Cabinet Office Guidelines which is a complaint from many offices and departments as also consumers.
It is still in infancy how these provisions are tended to comply with law and the Human Rights Act. Furthermore the provisions have not been subject to a proper economic impact assessment as defined by the Cabinet Office Guidelines. The implementation of legislation with limits on consumer effects and marketwide application is highly costly. These technical developments in legal scale may enable some of the provisions to benefit from pre-legislative scrutiny. (United Kingdom Independent Review of Intellectual Property and Growth, 2011)
Clause 14 – subscriber appeal: where the administrative body called Ofcom has legislative decision making abilities towards consumer should have such power to impose technical measures against subscribers”, does indeed need to subscribe itself or comply with the given 1Directive 2009/140/EC, also known as the Telecoms Package, amendment 138. Forcing such subscribers so as to prove innocence of expensive appeals process and avoid getting disconnected from the internet for copyright infringement, follows from a right to due process ,a presumption of innocence and a fair trial, ( Human Rights Act) (Carbone, 2009)''. Thus the work under the subscriber appeal would be difficult to rectify unless the definition or pattern of segregated process is routed effectively. 1Clause 4, 124A (8)(d), that Government needs to clarify 'copyright infringement report' made against subscribers can be used to protect the subscribers themselves is confusing. This is because the subscribers then appeal from day one against any notifications to avoid being subject to technical measures. Then the subsribers do not have any rights to legal help. ''Given the highly complicated and technical nature of the evidence advanced, as well as the difficulty in proving existence of crime in WiFi hijacking or unauthorised access by third party, it is necessary for consumers to take advice before appealing. This is again difficult to prove and determine whether the advice and technicality can be improved further since it may not lend itself to further changes and reforms (Pensabene & Gabriel, 2007)''
Clause 18 – website blocking: Formally called amendment 120A as tabled by Lord Clement Jones and Lord Howard of Rising, has been voted or called the Bill at Report. The Clause shows some serious flaws of non-compliance towards EU technical Standards Directive and the Ecommerce Directive. The process indicates that allowing these consumers or subscribers to force UK ISPs on minimal evidence indicates subscriber’s right of appeal at own cost. UK courts must be able to decide upon content accessibility , infringement definition ,issue of national security. The provision is unworkable since copyright law differs from country to country. Clause 18 rend...