Authors


Malagurski, Branislav (Croatia): International Law and Electronic Communication, Current Developments on Global and Regional Level: United Nations and the European Union

McIntyre, T.J. (Ireland): Intermediaries, Invisibility and the Rule of Law

Mendis, Dinusha (UK): Bridge over Troubled Waters: Bridging the Digital Divide – A bane or boom for developing countries?

Minhu, Ma and Xinlei, Wang (China): An Analysis on Software Holding in Good Faith

Morse, Edward and Raval, Vasant (USA): PCI DSS:Payment Card Industry Data Security Standards in Context

Mosier, Gregory (USA): Text Messages: Privacy in Employee Communications in the United States

Musetescu, Radu; Dima, Alina Mihaela and Paun, Cristi (Romania): Merger control: the time for reevaluation

Naser, Mohammad. A. and Muhaisen, Walid .H. (Jordan, UK): Intellectual Property: An Islamic Perspective

Nerudová, Danuše and Bohušová, Hana (Czech Republic): The Application of Accounting Standard for SME

Novak,  Carolin (Canada): International and National Consideration Regarding the Transfer of Technology

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International Law and Electronic Communication, Current Developments on Global and Regional Level: United Nations and the European Union by Branislav Malagurski, University of Osijek. Lancashire.

Lehloenya

Doc. Dr. Sc. Branislav Malagurski is a professor at the Faculty of Law, University of Osijek, Croatia.

 

 

Abstract
The role and impact of global and regional approach to the electronic communication in international law will be discussed in this article. Electronic communication has, in recent decade, caused substantial changes in the way of communicating worldwide. This had strong impact on classic approach of law, and international law in particular, to various procedures, standards or institutes that were valid for decades, as far as conclusion and validity of legal documents are concerned. The article considers from the point of view of international law what matters of electronic communication are currently in focus of global international organizations, like United Nations and its specialized organizations, and what are the focuses of regional international organizations, such as the European Union. These organizations have different level of power versus their member states. Do they have certain common points, which indicate that these organizations coordinate when trying to settle those matters that are evaluated as the most important for functioning of electronic communication and to minimize potential disputes between states on how to regulate certain questions, matters and legal institutes? Further question relates to recent and relevant topics in these organizations, as well as the extent , influence and effects of the legally obligatory provisions that brought by global and regional bodies on the member states of these organizations.

 

Intermediaries, Invisibility and the Rule of Law by TJ McIntyre, University College Dublin .

Lehloenya

TJ McIntyre is lecturer in law in University College Dublin and chairman of civil liberties group Digital Rights Ireland. He has published in the area of computer crime and online civil rights. He is also a practising solicitor specialising in information technology issues as a consultant with Merrion Legal Solicitors.

 

Abstract
The growth of the Internet has been matched by a corresponding growth in Internet regulation. Various strategies have been adopted by regulators – domestic law has been matched by international agreements, litigation has been complemented by legislation, and various forms of self- and co-regulation have proliferated, often in an attempt to fend off more direct state intervention.One of the most significant aspects of this regulation has been an increasing focus on the intermediary rather than the end-user. For example, defamation plaintiffs have taken to targeting hosts, the music industry has aimed at peer to peer networks, and governments worldwide have compelled ISPs to filter user access to objectionable materials. In each case, the intermediary may take on the role of a gatekeeper to control the actions of their users.It may well be that certain type of activities can only effectively be regulated by enlisting intermediaries. However, the regulatory regimes which result give rise to some concern.
The way in which intermediaries may be required to take on a gatekeeper function is often opaque – particularly where governments threaten intermediaries with legislation should they fail to adopt voluntary self-regulation, or where the threat of litigation compels intermediaries to change their practices. The result may be that rules governing the behaviour of internet users are being created outside the legislative process and with little public scrutiny. The content of the rules applied by intermediaries and the manner in which those rules are imposed may also be unclear. For example, in the case of internet filtering site owners may not be notified that their site has been blacklisted, nor given an opportunity to appeal against that determination. In addition, the incentives which intermediaries face suggest that their application of these rules may be systematically biased towards more speech restrictive outcomes. Finally, the actions of private sector intermediaries may be insulated from any judicial review, even where they are implementing what are in effect rules devised and mandated by governments.One recently introduced form of “regulation by intermediary” – the UK “Cleanfeed” system for blocking child pornography – offers an opportunity to consider to what extent these concerns are implicated.

 

Bridge over Troubled Waters’: Bridging the Digital Divide – A bane or boom for developing countries? by Dinusha Mendis, University of Central Lancashire.

Lehloenya

Dr. Dinusha Mendis is a Lecturer in Law at the Centre for Law Information and Converging Technologies, University of Central Lancashire. Dinusha studied law and holds a LL.B. from the University of Aberdeen; LL.M. from the University of Edinburgh; PgDL from the Nottingham Trent University and PhD from the University of Edinburgh. Dinusha gained an insight in to the practice of Intellectual Property law whilst working for the IP law team at Shepherd & Wedderburn Solicitors in Edinburgh. In October 2001 she was Called to the Bar of England & Wales and is a member of the Honourable Society of the Middle Temple Inn, London.

Abstract
In recent years much research has been carried out to eradicate the digital inequality between the developed and developing countries.  Whilst this has been the focus of policy makers in relation to the developing world, an equally important and pressing issue has faced the developed world as a result of new technologies.  One of the most remarkable features of the new technologies is that they have made it easy and natural for large numbers of people to violate the law, a concern which has been voiced by the music industry repeatedly in the last few years.  More recently, Internet Service Providers (ISPs) in the UK have come under immense pressure from the British Phonographic Industry (BPI) to ‘police’ the Internet and to disconnect people who ignore requests to stop sharing music.  However ISPs do not believe that it is their job to be Internet policemen.

This paper will argue that whilst the digital divide needs to be bridged, especially in light of education, commerce, e-commerce, trade and health generally, there needs to be a certain amount of awareness of the problems which can arise in the developing world as a result of new technologies.  Already in certain countries, piracy is rife and with access to new technologies, statistics show that it has increased.   To highlight this fact, the paper delves in to a couple of case studies drawn from Sri Lanka and India.  Whilst the music industry has taken harsh steps in UK and USA, the question remains to be asked about the rights of the actual creators when the issue arises from the developing world.  Should the right holders be worried about digital piracy in developing countries or are they content to almost turn a ‘blind eye’ to piracy as the percentage of those involved in piracy in these countries is significantly lower than for example in Europe or USA.

Whilst this paper will attempt to answer the above questions amongst others, it will also consider a system - an alternative compensation system – which was introduced by William W. Fisher III.  This paper builds on Fisher’s proposed compensation system and adapts it particularly for Internet users in the developing world, whilst at the same time ensuring that right holders can also benefit from the ‘boom’ of new technologies in such countries.  

 

An Analysis on Software Holding in Good Faith by Ma Minhu and Xinlei Wang, Xi'an Jiaotong University.

Prof. Ma Minhu is professor at the law department of Xi'an Jiaotong University, Chairman of Information Security Law Research Branch of Shaanxi Legal Society. He is also the director of Chinese information law seminar, the academician of the World Jurist Association, the adviser of information & network security experts group of Shaanxi Province, the consultant  of Xi'an intermediate people's court of the People's Republic of China and the arbiter of Xi'an Arbitration Commission. His research includes civil & commercial law, intellectual property law and information security law.

Xinlei Wang is a Master candidate of Civil and Commercial Law in the Law School of Xi’an Jiaotong University. Research direction is information security law.

 

 

 

Abstract
In the software copyright license trade,  the issue of  whether the principle of good faith can be applied  for  protecting end-user is really controversial in Chinese academia. The authors, after analyzing the benefits of software copyright, believe that not only  does copyright law excludes the good faith acquisition, but the good faith holding  also infringes the issue of the  right of copyrightholder . In this case, the good-faith holder’s vicarious tort liability will be pursued based mostly on the exploration of exclusion conditions of good faith acquisition.

 

PCI DSS:Payment Card Industry Data Security Standards in Context by Edward A. Morse and Vasant H. Raval. Creighton University School of Law.

Edward A. Morse, McGrath North Mullin & Kratz Chair in Business Law and Professor of Law, Creighton University School of Law, Omaha, Nebraska.


 

 

 

 

 

 

 

 

Vasant Raval received his Doctor of Business Administration degree from Indiana University in 1976. Prior to joining Creighton University in 1981, he was a faculty member at the University of Windsor, Ontario, Canada. He has also worked as a management accountant and auditor in industry and government. His expertise includes information technology strategy and management, control and security of information systems, planning and management control systems, and accounting information systems. He holds professional certifications in information systems audit and control (from USA) and in management accounting (from England and India).

Dr. Raval is a member of several professional organizations and cultural associations. During 2001-02, he was President of AIS Educators Association, a national network of accounting educators interested in teaching and research in AIS. He served as Chair, Department of Accounting (2001- 2006) and as Associate Dean and Director of Graduate Business Programs (1987 – 1996) at Creighton University. He is active in technology and management consulting with large organizations and in serving the information technology community. Dr. Raval teaches financial and managerial accounting, information systems audit, and digital security at Creighton University. In 2002, he was appointed on InfoUSA’s Board of Directors and its Audit Committee; beginning 2003, he is Chair of the Audit Committee. In 2004, he was appointed to the Board of Directors of Syntel, Inc., and Chair of its Audit Committee. He also serves on the audit committee of Douglas County, Nebraska.

Abstract
United States, which lacks comprehensive legal protections for consumer privacy and security, private ordering rooted in economic incentives within the payment card industry can also bring about enhanced security for consumers.  The Payment Card Industry Data Security Standards (“PCI DSS”) have emerged from private ordering, although threats of legal liability have also influenced their development and implementation.  The article evaluates the basic framework of PCI DSS and raises issues for further development as the government, the legal system, and the industry copes with security threats in this environment. (This article has been accepted for publication in volume 24 of the Computer Law and Security Report (2008).
Text Messages: Privacy in Employee Communications in the United States by Gregory C. Mosier, University of Nevada, Reno.

 

 

 

 

 

 

 

 

Dr. Gregory C. Mosier is Dean of the College of Business Administration at the University of Nevada, Reno. His research interests include technology and law and international business. Prior to his current position he served as Regents Service and Puterbaugh Professor of Legal Studies in Business in the Williams S. Spears School of Business at Oklahoma State University. Mosier is the author or co-author of numerous academic and commercial publications and a recipient of the OSU Regents Distinguished Teaching Award in 2003. He has been honored with the School's Outstanding Teaching Award and the University Extension Faculty Excellence Award. The MBA Student Association named him Professor of the Year in 2003, and he was recognized as the Outstanding MBA Faculty member for 1999. Mosier served as president of the Rocky Mountain Academy of Legal Studies in Business from 2002-03 and was president of the Southern Academy of Legal Studies in Business from 1993-94. Mosier also served in various administrative capacities while at OSU. He was administrative committee chair for the Master of Science in Telecommunication Management Program. From 1997 -2004, Mosier was academic program chair for the MBA program offered by National Technological University. Mosier received a bachelor of science in 1978 from OSU, a juris doctorate from the University of Kansas in 1981 and an Ed.D. in higher education administration from OSU in 1986. Prior to joining the OSU faculty, he was a corporate attorney in Odessa and Houston, Texas with Parker Drilling Company. Mosier is a member of the State Bars of Kansas, Texas and Oklahoma.

Abstract
United States federal case law utilizing statutory and constitutional provisions, has started to define what privacy expectations employees may have in their electronic communications in such mediums as email and text messages.  The Fourth amendment of the United States constitution provides some protection to public employee’s privacy interests, while the Stored Communication Act of 1986 limits the ability of an Electronic Communications Service to divulge contents of text messages without the consent of the recipient or addressee.  These protections provide only minor restrictions on the ability of an employer to ascertain the contents of an employee’s text messages.
Merger control: the time for reevaluation by Radu Muşetescu, Alina Mihaela Dima and Cristi Radu. Academy of Economic Studies.

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Alina Mihaela Dima  (PhD) is lecturer at the Academy of Economic Studies from Bucharest, Business Administration department. The main fields of interest are: European Business Environment, International Affairs, Competition Policy, European integration. She graduated both economic and law faculties and she has a Ph D in economics starting from 2007. She has published various articles and analyses on European and Romanian competition cases in different journals and magazines and participated as a trainer and consultant in different programmes for multinational companies. She has presented various papers at national but also international conferences in Spain, Italy, USA and Greece.

 

 

Cristian Paun is senior lecturer, Ph D at the Academy of Economic Studies from Bucharest, International Business and Economics Department. The main fields of interest are international finance, international financial management, international portfolio choice, innovation, R&D, European Integration. He graduated International Business and Economics Faculty for AES Bucharest. He published various articles and analysis related to his background. He activates as financial consultant for a private consulting office. He is also associated professor to other private and public universities from Romania and he is director of a national research grant and member of 15 national and international research projects. He is associated researcher to the Romanian Academy, the most important academic research institution from Romania.
   
Abstract
There are two fundamental perspectives on competition. The first relates competition to market structures. According to such an approach, a market with N+1 competitors is more desirable than a market with N competitors. The second approach defines competition in terms of behavior, in terms of how companies use or abuse their position on the market. Such a dynamic perspective qualifies a market as competitive even if it has only one competitor. Merger control, a specific field of the competition policy, is arguably the outcome of the first approach, itself the embodiment of specific political and historical objectives. In an age when the mainstream wisdom seems to be migrating towards the dynamic approach to competition, it may be the time to reconsider the role played by merger control in securing competitive markets and, as a consequence, in reaching the fundamental goal of increasing consumers’ welfare.
Intellectual Property: An Islamic Perspective by Moh’d Amin Naser and Walid H.M Muhaisen. University of Leicester, UK.

Moh’d Amin Naser (LL.M. in Intellectual Property Rights, University of Jordan in co-operation with World Intellectual Property Organization (WIPO); LL.B., University of Jordan ) is a PhD candidate at the University of Leicester, UK.

 

 


Walid H.M Muhaisen (LLB ,  The University of Jordan; LL.M,  University of Kent at Canterbury; Diploma in Law, WIPO ) has just finished his PhD in Copyright law at  the University of Leicester .
Abstract
The enforcement of intellectual property rights (IPR’s) in Middle Eastern and Islamic countries is met with significant problems. The overwhelming perception in third world countries is that protecting intellectual creations is directed against public’s interests, and aims to generate maximum benefit at the expense of the public, in favour of multinational corporations. This article aims to provide a justification for IPR’s, (particularly taking into account the authorial role which the public play in the context of IPRs), to enable an equitable approach towards all the parties in this context. The ‘public authorship model’ considers IPR’s as the co-authorship, thus the co-ownership of both the owners and the public; this article incorporates this model within Islamic faith teaching. The intention is to illustrate that contrary to the impression in Western societies that Islamic rules are rigid, Islam provides flexible set of rules that allow for the adoption and recognition of new emerging concepts (providing they adhere to Islamic dictates). Accordingly, the conclusion reached, is that the public authorship justification for IPR’s is the most suitable approach and complies with the standards of Islam. This notion could supply the appropriate solution to the enforcement of IPR’s in Islamic countries, as it would become a religious commitment, which individuals and Islamic states would respect; furthermore, it supports the international efforts to globalize modern IPR’s. In addition, the proposal of this article forms a basis for further scholarly arguments regarding the legislative harmonization between Eastern and Western societies.

 

The Application of Accounting Standard for SME by Danuše Nerudová and Hana Bohušová, Mendel University Brno.

D. Nerudová  (Ph.D. in Finance on Mendel University Brno; Master in Finance on Mendel University Brno)   is the Head of the Department of Accounting and Taxes, Faculty of Business and Economics, Mendel University Brno. He is also a member of  the Scientific Committee in MIBES Conference, In 2008 , he was a  member of the expert team solving the project of Czech Ministry of Finance – The impacts of euro accession on the Czech economy.

 

 


Hana Bohušová   ( Ph.D. in Economics and Management on Mendel University Brno; Master in Economics and Management , Mendel University Brno) is Scientific Assistant on the Department of Accounting and Taxes, Faculty of Business and Economics, Mendel, University Brno.  She is the author of book dealing with the accounting harmonization in the Czech Republic.

 

Abstract
Small and medium sized companies have very important position in EU economy, mainly in the area of employment. Their activities on the internal market are limited by great deal of obstacles. The most important obstacles are the c different national accounting and tax systems. At present, it is obvious that certain degree of accounting and tax harmonization has to take place. IFRS for SMEs is designed to apply to the general purpose harmonized financial statements of all profit-oriented SMEs. General purpose financial statements are directed toward the common information needs (an entity´s financial position, performance, cashflow) of a wide range of users (shareholders, creditors, employees). Determining taxable income requires special purpose financial statement designed to comply with the tax laws and regulations in a particular jurisdiction. An entity taxable income is defined by the laws and regulations of the country or other jurisdiction in which it is domiciled. Tax authorities are also important external users of the financial statements of SMEs.  Profit or loss recognized under IFRS for SMEs could be a starting point for determining taxable income.

 

International and National Consideration Regarding the Transfer of Technology by Carolin Novak, Master of Legal Studies at Carleton University.

Lehloenya

Carolin Novak (B.A. Hons Law Concentration in Business Law, Carleton University, Canada; B.A Canadian Studies, Carleton University, Canada; M.ST, State University of N.Y.; M.A. Legal Studies Candidate 2009)at Carleton University. Main interests -  the transfer of technologies from the developed world to the developing world and the legal and many times ethical considerations that follow suit with the transfer and acquisition of technologies.

Abstract
When transferring technology to foreign markets one has to consider the various international and domestic regulations that apply to the transaction. There are many legal and policy considerations involved in the transfer of technology. This paper will discuss the various international and national considerations applicable to the transfer of technology when entering foreign markets.