Cross-Cultural Collisions in Cyberspace: Case Studies of International Legal Issues for Educators Working in Globally Networked Learning Environments

The Colour of Copyright

This contribution focuses on legal issues raised by the audiovisual broadcasting of performing arts, which has significantly increased due to the SARS-CoV-2 pandemic. First, we contextualize this practice and briefly present the emergence and evolution of the practice of “filmed theater”, as well as any other form of performances (e.g., concert, ballet, opera) originally conceived for the stage but subsequently diffused through other channels. Secondly, we address the current legal issues that have arisen because of the increase of such practice due to the containment measures taken by government. Two axes are of particular attention: the matter of copyrights and related rights, on the one hand, and the question of public financing, on the other. Concerning intellectual property, audiovisual broadcasting leads to several legal consequences and issues: effectiveness of related rights, emergence of new modes of exploitation and new authors, recognition of the recording as an original work, etc. This new practice is, moreover, likely to disrupt the categories established by public funding legal mechanisms, which are often poorly adapted to hybrid artistic objects. The objective of this part is therefore to analyze the new legal issues raised by the audiovisual distribution of performances. Finally, we go beyond exclusively legal issues to examine the very specificities of performing arts and, more specifically, the possible loss that would result from a fixation of a production on a reproducible medium, making its diffusion possible beyond the stage.

∗ LLB (University of Asmara), LLM (Cornell University), JSD candidate, Cornell Law School. 1 Copyright law is generally categorised into economic and moral rights of authors. Almost all countries of the world today protect the economic rights of authors. Certain countries, for instance the US, have a very limited moral rights concept. One of the challenges that creators of works of authorship suffer in this age of technology is that it has become so easy and cheap to reproduce works of authorship. The cost of producing a song is much more than burning it on a CD. In addition, the intangibility of the property rights in creative works also allows the non-rivalrous consumption of the good. This non-rivalrous character does not deter the buyer of an original CD from allowing his or her friend to make a copy of it. Both the original and copy CDs can be consumed at the same time without reducing the value of the original CD for the original buyer. 2 John Stuart Mill, the grand philosopher of liberalism, explained how intellectual property rights can incentivise creations. He emphasised the need for granting authors a limited time monopoly for their creations. The debate about whether granting authors limited monopoly rights serves as an incentive for creativity is as prevalent today as it was in the 1800s (Commission on Intellectual Property Rights, Integrating Intellectual Property Rights and Development Policy (2002), p. 9, available at http://www.iprcommission.org/papers/pdfs/final_report/Ch1final.pdf (accessed 8 September 2010)). However, it is not necessarily true to assume that people invest time and effort to create works because of the incentives granted to them by copyright laws. The Creative Commons is a non-profit organisation that is dedicated to making access to information easy. For instance, the movement with Mozilla Firefox and other open source software is one of them. For further discussion on the works of the Creative Commons movement, see http://creativecommons.org/about/ (accessed 3 June 2010). Contemporary copyright law grants limited monopoly of protection in the sense that the copyright holder does not have absolute rights. The term of protection is limited in time. It is also limited for certain forms of exploitations that fall within the general exceptions of copyright laws. See, for instance, section 102 of the 17 USC (United States Code). 3 Historically, in the 1950s there was a prevalent view that the rationale for intellectual property rights protection was mainly to protect against retaliation from foreign governments. For instance,

Chapter 22 - Video Games! Developing Games and Doing Deals

Building a metaverse requires the integration of multiple technologies and the integration of new technologies into various industries. This process will inevitably lead to many legal issues that need to be addressed. Identity fraud, intellectual property rights, regulatory review, and data security are some of the problems that will arise in the metaverse’s development and maturity process. To prevent and solve these legal issues, legislation, law enforcement, and justice in digital technology, data, algorithms, transactions, taxation, and property rights need to be promptly followed up. In this chapter, we will discuss the various legal risk issues faced in the metaverse and the shape of the metaverse legal system. How to build a new virtual space different from the real world requires forward-looking research and is an important consideration. This chapter aims to provide an overview of the key legal issues in the metaverse, which continue to evolve as the legal framework develops.

PurposeArtificial intelligence (AI) has sparked interest in various areas, including marketing. However, this exhilaration is being tempered by growing concerns about the moral and legal implications of using AI in marketing. Although previous research has revealed various ethical and legal issues, such as algorithmic discrimination and data privacy, there are no definitive answers. This paper aims to fill this gap by investigating AI’s ethical and legal concerns in marketing and suggesting feasible solutions.Design/methodology/approachThe paper synthesises information from academic articles, industry reports, case studies and legal documents through a thematic literature review. A qualitative analysis approach categorises and interprets ethical and legal challenges and proposes potential solutions.FindingsThe findings of this paper raise concerns about ethical and legal challenges related to AI in the marketing area. Ethical concerns related to discrimination, bias, manipulation, job displacement, absence of social interaction, cybersecurity, unintended consequences, environmental impact, privacy and legal issues such as consumer security, responsibility, liability, brand protection, competition law, agreements, data protection, consumer protection and intellectual property rights are discussed in the paper, and their potential solutions are discussed.Research limitations/implicationsNotwithstanding the interesting insights gathered from this investigation of the ethical and legal consequences of AI in marketing, it is important to recognise the limits of this research. Initially, the focus of this study is confined to a review of the most important ethical and legal issues pertaining to AI in marketing. Additional possible repercussions, such as those associated with intellectual property, contracts and licencing, should be investigated more deeply in future studies. Despite the fact that this study gives various answers and best practices for tackling the stated ethical and legal concerns, the viability and efficacy of these solutions may differ depending on the context and industry. Thus, more research and case studies are required to evaluate the applicability and efficacy of these solutions in other circumstances. This research is mostly based on a literature review and may not represent the experiences or opinions of all stakeholders engaged in AI-powered marketing. Further study might involve interviews or surveys with marketing professionals, customers and other key stakeholders to offer a full knowledge of the practical difficulties and solutions. Because of the rapid speed of technical progress, AI’s ethical and regulatory ramifications in marketing are continually increasing. Consequently, this work should be a springboard for more research and continuing conversations on this subject.Practical implicationsThis study’s findings have several practical implications for marketing professionals. Emphasising openness and explainability: Marketing professionals should prioritise transparency in their use of AI, ensuring that customers are fully informed about data collection and utilisation for targeted advertising. By promoting openness and explainability, marketers can foster customer trust and avoid the negative consequences of a lack of transparency. Establishing ethical guidelines: Marketing professionals need to develop ethical rules for the creation and implementation of AI-powered marketing strategies. Adhering to ethical principles ensures compliance with legal norms and aligns with the organisation’s values and ideals. Investing in bias detection tools and privacy-enhancing technology: To mitigate risks associated with AI in marketing, marketers should allocate resources to develop and implement bias detection tools and privacy-enhancing technology. These tools can identify and address biases in AI algorithms, safeguard consumer privacy and extract valuable insights from consumer data.Social implicationsThis study’s social implications emphasise the need for a comprehensive approach to address the ethical and legal challenges of AI in marketing. This includes adopting a responsible innovation framework, promoting ethical leadership, using ethical decision-making frameworks and conducting multidisciplinary research. By incorporating these approaches, marketers can navigate the complexities of AI in marketing responsibly, foster an ethical organisational culture, make informed ethical decisions and develop effective solutions. Such practices promote public trust, ensure equitable distribution of benefits and risk, and mitigate potential negative social consequences associated with AI in marketing.Originality/valueTo the best of the authors’ knowledge, this paper is among the first to explore potential solutions comprehensively. This paper provides a nuanced understanding of the challenges by using a multidisciplinary framework and synthesising various sources. It contributes valuable insights for academia and industry.

The proliferation of e-business has revolutionized the global marketplace, offering unprecedented opportunities for innovation, efficiency, and reach. However, this digital transformation has also introduced a complex array of ethical and legal challenges. This abstract explores the primary ethical and legal issues faced by e-businesses, emphasizing their implications and the need for robust governance frameworks. E-businesses must navigate a landscape fraught with ethical dilemmas, including data privacy, consumer protection, and digital divide concerns. Data privacy is paramount, as businesses collect vast amounts of personal information, raising questions about consent, data security, and the potential for misuse. Consumer protection is another critical issue, with e-businesses often criticized for misleading advertisements, poor customer service, and lack of transparency. Additionally, the digital divide presents an ethical challenge, as unequal access to technology exacerbates existing social inequalities, potentially marginalizing disadvantaged groups. The legal environment for e-business is equally challenging, characterized by rapidly evolving regulations and international complexities. Key legal issues include intellectual property rights, cyber security, and jurisdictional disputes. Intellectual property law struggles to keep pace with the digital age, where the unauthorized sharing and piracy of digital content are rampant. Cyber security is a growing concern, with legal implications for breaches that compromise sensitive data. Jurisdictional issues arise from the global nature of e-business, complicating the enforcement of laws and regulations across different countries with varying legal standards. Addressing these ethical and legal issues requires a multi-faceted approach. E-businesses must adopt ethical practices that prioritize consumer rights and data protection while actively working to bridge the digital divide. Legally, businesses need to stay abreast of regulatory changes and implement comprehensive compliance strategies. Collaboration between governments, industry stakeholders, and consumers is essential to create a balanced and fair e-business environment. Through such efforts, the potential of e-business can be harnessed while mitigating the risks associated with its growth. This exploration underscores the importance of continuous vigilance and adaptation in the face of evolving ethical and legal landscapes in e-business, aiming to foster a sustainable and equitable digital economy.

On 20 February 2007, Prime Minister Stephen Harper announced a commitment by the Government of Canada and the Bill & Melinda Gates Foundation to fund and support the Canadian HIV Vaccine Initiative (CHVI), (1) an effort to accelerate the development of an HIV/AIDS vaccine and address critical research gaps identified by the Global HIV/AIDS Vaccine Enterprise (GHAVE). (2) The goal of the CHVI is to coordinate research within Canada as well as Canadian contributions to the international efforts to develop safe, effective, affordable, and globally accessible vaccines. (3) Canada's commitment to HIV vaccine research is longstanding. In 2002, Canada promised at the XIV International AIDS Conference, held in Barcelona, to develop a Canadian HIV/AIDS vaccine plan focusing vaccine production and equitable distribution ... this plan will support the global vaccine effort and will contribute to a better understanding of the complex legal, ethical and human rights issues involved in addressing access to vaccines and treatments for people living with HIV/AIDS, nationally and globally. (4) The Canadian HIV Vaccines Plan: Towards a World Without AIDS was published in 2006, (5) and calls for Canada to contribute towards global efforts to develop and deliver HIV vaccines, including strong community-based organizations; a strong research capacity; immune-monitoring capability; long-term relationships with research partners in the developing world; infrastructure in Canada and internationally; recognition of our strengths in social science, legal issues and human rights; new possibilities for production plants; emerging private-public sector partnerships; international recognition for diplomacy; and a strong health care ... system. (6) To accomplish these goals, it is necessary to ascertain and respond to the key non-science challenges to HIV vaccine research in Canada, focusing on any potential intellectual property (IP) bottlenecks. This paper builds upon the key issues identified in Part One of this series of two papers on Challenges for Intellectual Property Management of HIV Vaccine-Related Research and Development [hereinafter, Part One]. Following that review of the global literature and consultations with international experts, (7) we consulted with representatives from the CHVI and developed sector-specific interview guides for academic researchers, government, and industry representatives in Canada. We conducted individual or group interviews with 21 key informants in Canada, including CHVI representatives, experts in intellectual property law, management and ethics, as well as academic and private sector HW vaccine researchers. (8) Here, we present the conclusions from those interviews, a discussion of key concerns, and potential solutions. The consultations focused on the main non-science barriers to HIV vaccines (R&D) in Canada. The main challenges identified from a research perspective surprisingly did not include issues related to IP, but were, instead, inadequate funding for research, clinical trials and gap funding for taking innovative research to the proof of principle stage. There are also problems associated with the creation of effective research networks and collaborative models. Further downstream, there will be major challenges associated with manufacturing and distributing vaccines, particularly in developing countries, and the associated risks of liability for adverse events, such as allergic reactions to the vaccine. This latter issue has already come to the fore in HIV vaccine clinical trials known as the Step Study. The vaccine, manufactured by Merck and Co., was found to increase the susceptibility of participants to HW infection if they had high levels of antibodies to adenovirus 5. Adenovirus 5 was a component of the vaccine and is one of the causes of the common cold. Indeed, an independent Data and Safety Monitoring Board went so far as to recommend unblinding the results and notifying participants whether they received the Merck vaccine or the placebo. …

This article examines some of the European Union (EU) and World Trade Organization (WTO) legal issues that emerge for the United Kingdom’s (UK) public procurement law and policies following Brexit. It analyses the consequences and sequencing of international negotiations that must now take place since the UK triggered Article 50(2) of the Treaty on the European Union (TEU). Once the UK revokes the European Communities Act 1972, it will no longer be obligated to follow either the Treaty on the Functioning of the European Union (TFEU) or the EU Procurement Directives. Nor will the UK be subject to the commitments the EU has signed up to on behalf of the UK in the WTO Government Procurement Agreement (GPA) and in its Regional Trade Agreements (RTAs). After examining the legal issues concerned with sequencing, the article moves on to assess the domestic, centrifugal forces that will also impact the UK’s public procurement law post-Brexit. Under the Devolution Settlement of 1998, the competence for public procurement was devolved down to the regions of Scotland, Northern Ireland, England and Wales. The article postulates that the legal issues of disintegration that have surfaced under Brexit could potentially fragment a coherent UK wide procurement policy, competition and value for money internally; as well as externally towards the WTO GPA, the EU and other regional procurement agreements. The article puts forward a competition approach to address some of the potentially negative consequences of Brexit undermining value for money, transparency and integration in the UK’s lucrative markets for government procurement. It concludes with the limited hope that the legal and economic issues and challenges resulting from the UK’s referendum on membership of the EU will be a salutatory lesson for all other nations.

Emergency medical care effectively embarks on new frontiers to augment the levels of diagnostic accuracy, complexity of treatment options, and rapidity of interventions in the critical period. This will compose an approach that the machine can cater to extensive volumes of data very fast, providing its recommendations almost instantaneously and based on the best research evidence, thus improving patient outcome characteristics during on-call situations. In this respect, integrating AI within this domain raises moral, legal, and social issues; all of which will have to be addressed to ensure that the AI is both safe and efficient. Some of the advantages that may result from the provision of AI included within emergency care are: assisting healthcare workers in fast and accurate decision making, resource allocation and optimization and provision of personalized treatment to every patient. When AI systems make decisions without adequate patient input, it may lead to loss in the process of doctor-patient interaction with increased reliance on technology. The privacy and confidential information emerge to a certain extent in connection to the secure management of sensitive patient information by AI systems. Some of the key issue is that the legal complications in emergencies are precarious in nature because there may not always be time to obtain informed consent, which brings into question the respect for patient autonomy and accountability. It brings out a holistic approach in handling such issues and enables the easy setting of liability frameworks that are responsible and well-balanced.

Introduction. The paper studies the problem of the distinction between the following categories: "politics" and "law". Appeal to the political question doctrine and its introduction into national practice is an important achievement of the Constitutional Court of Ukraine, but the definition of its scope and limits is still an open question. Purpose. This paper is intended to shed some light on certain problem aspects associated with the scope of the political question doctrine and politicization of the Constitutional Court of Ukraine, notably by analysing the relevant legal positions of the Constitutional Court of Ukraine, taking into account the political results, which took place in connection therewith. Results. The line between legal and political issues is quite thin. Taking into consideration the foregoing and that the final decision on whether the respective issue is political shall be taken by the Constitutional Court of Ukraine at its absolute discretion, the definition of the scope and limits of the political question doctrine becomes more and more important. The analysis of the decisions outlined herein and their outcomes shows that certain legal issues have been ignored by the Constitutional Court of Ukraine in favour of the political goals pursued by public authorities. In some cases, a lack of action has been a precondition for the satisfying of political interests, and in other cases the “convenient” legal positions. Conclusion. Decisions of the Constitutional Court of Ukraine shall not be acts of political will. The mission of courts is to resolve issues of law, therefore, the motives of political expediency cannot be at the core thereof. The Constitutional Court of Ukraine is not a tool for perusing political goals. The political question doctrine shall not be used as a springboard for malpractice, as its idea is that courts shall either refuse the hearing of political questions or perform their function when the issue of law takes place. The lack of clear criteria that would allow to distinguish political issues from legal ones causes certain legal uncertainty and unpredictability. It is obvious that the Constitutional Court of Ukraine should not take over functions that are not inherent hereto and turn into an expression of political will.

During the Islamic era, Muslims were pioneers in preserving intellectual property rights. Nowadays, however, according to Halāl and Harām, Islamic scholars view intellectual property rights differently, depending on the perspective taken during consideration. As a consequence, one may question whether there is any basis for the concept 'intellectual property rights' in Islamic rules, values, or thoughts, and whether violation of such rights would constitute a sin, similar to violation of any other tangible property. This study on intellectual property rights presents diverging opinions encountered in Islam and concludes that issuing a verdict of Harām or Halāl would be unsuitable for the violation of intellectual property rights, which is a secular issue. The concept 'Intellectual Property' existed in Islam centuries ago in the dress of moral rights. While financial rights, on the other hand, are an arguable issue, intellectual property rights shall be protected and affected as well.

Information & Communication Technology Law

This volume addresses a variety of topics where economic concepts are intertwined with important legal and policy issues in North America and Europe. Articles include legal-cost allocation and patent hold ups, the strategic use of licensing commitments, and an empirical analysis on the monetary cost of raising children and its policy implications.

Data analytics has become a critical part of professional football.  It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question.  Focussing on the position in English law, this two part article takes a holistic approach to assessing the legal issues presented by the data analytics movement.Part One sets out contextual information on the development of data analytics in football, before examining whether the data produced in football are capable of ownership, either in raw format or after manipulation, taking into account the nature of property and intangible assets, relevant intellectual property laws, and non-IP protections. Part Two of this article will go on to consider the position in respect of data protection law (including FIFA’s Data Protection Regulations). Finally, some broader legal issues are considered, including competition law and the regulation of artificial intelligence.The conclusions of Part One and Part Two together are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances.  However, data protection law presents a more complicated problem, with a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.