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CCT206H5 Study Guide - Minimum Contacts, Zippo, Digital Evidence

2 pages323 viewsWinter 2013

Department
Communication, Culture and Technology
Course Code
CCT206H5
Professor
Anthony Wensley

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CCT206 Review
- Go through the major topics in the outline.
- In general: jurisdiction fundamental set of issues which address legal concerns across
the board
- Cases which deal with jurisdiction
- Generality of digital evidence
- Addition of technology not just the internet raise issues across the legal field
Jurisdiction
- Jurisdiction 2 things: what it’s all about, and number of procedures to do that.
- Identification of the problem, and the process in terms of the cases looked at
- Gutnick vs. Wall street, Bangoura vs. Washington Post
o Jurisdictional problem with the Gutnick case brought in Victoria, province of
Australia
o Connection between the two sides that is sufficient for the entity to be held in
court
o Is it enough if you have the Wall Street Journal being called into court for a
single person in the province of Victoria?
- Usual test in US is the minimal contact rule, Canada is Reasonable Unsubstantial
Connection, Australia is similar
- Courts look at the case to see if they have power over it
- Effects test: jurisdiction and defamation test
o A court has jurisdiction if in its jurisdiction there is a person or organization who
is harmed by the defamation
o Likelihood of getting sued in another jurisdiction for defamation is high
- Zippo case for jurisdiction
o US court tried to develop some sort of defining of what minimum contact is
o Passive and active websites in terms of exchanging information
o Accessing a passive site does not constitute minimum contact
o A court could reach out if the website was active in terms of exchange of
information
o Restricting risk by restricting access to certain people
- The basic core of ideas of each concept is important:
o Jurisdiction: look at the Gutnick and Bangoura case. Focus on the
characteristics of establishing jurisdiction
Copyright, Patent, Trademark and Trade Secrets
- Trade secrets are different
- Trade secret law comes out when your corporation has actually lost its trade secret
- Once you know somsone has your trade secret, you can sue
Framework of Copyright, Patent and Trademark
- Identify what it is that is protected
- What rights do you get in terms of each of these and their use
- How to get those rights
- Infringement how are rights infringed, who decides
o Copyright test contains to substantial similarity
- Draw on cases
o Intersection between photography and video Da Vinci Case
- Canada has stricter patent laws
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