Tutorial 3

Tutorial 3
1. I would like to stay anonymous while criticizing the current government. As there
have been many cases when people who wrote against the government's decisions
were caught by the police. So, I would prefer to stay anonymous while commenting
on various government policies. My friends would know about it because I share my
posts only with them. The government can know about my identity by ordering the
social networking site to reveal it.
2. In general, the First Amendment has no impact on private corporation actions. The
First Amendment binds the government; and prevents them from punishing people
and corporations for their speech; but it would never prevent a communication
company to refuse to filter the kind of messages they want to transmit. (That is what
Facebook, Twitter and other social network already do, for example.) So; a
newspaper, a television/radio network, a social network, and pretty much all other
private organisations can enact internal policies to limit hate speech; and they can
choose to define hate speech however they want. However, mail companies,
transportation companies, phone and internet companies have special rules. They are
considered "common carriers", which means that they are required to offer non-
discriminatory access to any lawful content accessible trough their network. The law
regulating common carriers dates from 1934. It’s quite old! Of course, Internet didn’t
exist back then; and the question of whether it should be extended to Internet/the ISPs
has been quite controversial. You might have heard of the whole "net neutrality"
debate, a few years ago. But as things stand for now, ISPs are common carrier. As
such, they can’t do much against "hate speech" that is otherwise legal. That does not
mean that they are entirely powerless. They could be proactive in monitoring websites
propagating "hate speech", so that if at some point they exceed the limit of lawful
speech, and enter into actual threats and other prohibited speech, then they can block
the site, or report it to the government. They might also provide convenient
mechanisms to unmask the users who post defamatory content, to help the victims sue
the person who defamed them.
3. According to attorney Mark Clark of the law firm Traverse Legal, a John Doe lawsuit
is when an anonymous online reviewer defames an individual. the individual files a
suit without naming a defendant.
4. The expression refers to the concept that an idea itself cannot be copyrighted, but the
expression of an idea can. Basically, a movie can be copyrighted, but the idea behind
the movie is not eligible for copyright. Copyrights can apply to a wide range of
things, including: Literary works.
5. First, patents protect a design of something functional or utilized. The government
provides patent owners with monopoly protection for up to the statutory life of the
patent. The monopolistic nature creates an artificial market limitation or shortage in
the market for technology that embodies the claims of the patent. Artificial limitations
to the market allow the patent owner to raise prices higher than the market clearing
price, providing the patent owner with abnormal profits.
First, patents are expensive to acquire, oftentimes costing tens of thousands of dollars
to prosecute. Costs involve direct costs for legal services as well as soft costs (i.e., an
inventor’s time) to describe the technology to the patent attorney and patent offices.
These costs increase dramatically if the application includes foreign jurisdictions.
Second, patents provide for only a relatively short economic life compared with other
IP types. The statutory life for a patent is 20 years from the earliest effective filing
date of the patent application. Since the earliest effective filing date is the trigger
point for starting the statutory clock, patents are unique among IP types in that the
award process consumes a significant portion of the patent’s economic life. This has
administrative and value impacts.
6. The TRIPS Agreement is a minimum standards agreement, which allows Members to

provide more extensive protection of intellectual property if they so wish. Members
are left free to determine the appropriate method of implementing the provisions of
the Agreement within their own legal system and practice.
7. A customer list may be entitled to trade secret protection when it represents a

"selective accumulation of detailed, valuable information about customers – such as
their particular needs, preferences, or characteristics – that naturally 'would not occur
to persons in the trade or business. '"

Tutorial 3

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Tutorial 3

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Tutorial 3

6. The TRIPS Agreement is a minimum standards agreement, which allows Members to

7. A customer list may be entitled to trade secret protection when it represents a

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