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Question: A provision in the U.S. Safe Web Act provides Internet service providers with a “safe harbor” (immunity from liability) for supplying information to the FTC concerning possible unfair or deceptive conduct in foreign jurisdictions. Is this provision fair? Why or why not?
The provision is fair since the supply of knowledge concerning deceptive behaviors in the internet comes about of out an individual responsibility rather than a national duty. The United States can only gain more information into the functionality of international groups of spammers by promising immunity to international agencies and individuals who are ready to share the information because it is by far a favor. However, the providers have to remain veiled in order to hide their identity for the U.S. government cannot afford to be liable to potential compensations because of breaching international law contracts. ON the other hand the tort is unfair on the plaintiff’s side since the claims cannot be validated because of the “safe harbor” secrecy of defendant witnesses; which means the tort can be abused to implicate.
5-1 Patent Infringement
Exerton’s use of the hard-bearing technology for an automobile wheel balancer was a new innovative idea for Doney’s invention. However, the accused Exerton can enter into a defense to negligence in that the bearing functionality is completely different from the inventor’s intention and therefore urge that the inventions occurred simultaneously. Otherwise, Doney has to prove how Exerton got hold of the patent secret.
5-2 Hypothetical Question with Sample Answer
Maruta can be held in court for copyright infringement if Maruta copies DVDs and resells in her shop and if she sells bags that imitate Vuitton though decides to use Vutton. The bags can easily confuse clients and thus Vuitton will lose customers due to poor quality. Copying DVDs for entertainment and class research is allowed but not for business.
5-3 Copyright Infringement
Professor Wise ought to seek institutional permission to photocopy copyrighted material for his class despite the protection by fair use doctrine.
If a business discovers that its name has been used by a spammer, the business has the right to sue the spammer for damages incurred. However in case of an employer or agent acting as a spammer then the business is liable to negligence.
24-5 Case Problem with Sample Answer
The Bank has to prove that it has provided information to the effect that a banker’s negligence payment to wrong bank accounts is never refundable. Further, since a bank is not liable for mistakes committed by affiliate employees.