Forum Week 5 ITMG281
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American Public University *
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281
Subject
Law
Date
Jan 9, 2024
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docx
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Uploaded by ProfResolveJay9
Forum Week 5 ITMG281
The LICRA v. Yahoo! case is a clear example of not only how much money can cost a cyber-litigation but the contradictions and differences in different countries’ laws and regulations
can be. Also, the complexity that arises with the interconnectivity and legal jurisdictions and a case like these will set a legal precedent in which the right of other countries want to impose their own laws on others. The Yahoo v. LICRA last activity was recorded on 30 May 2006, when
the court denied the certiorari request. Still, the French court never determined if Yahoo! France is in compliance and Yahoo! US has no intention to continue with the case. The internet is the place for human interaction where current events are discussed as well as defining individual and
group’s identity, but at the same time, bring numerous concerns about free expression rights as well. But freedom of expression is not something that is considered universal, different countries
have different ways of seeing it.
The case does not show that the French court has more or less power, what really shows is that the case is so complex, and the law in the US or there is not at the level of the technology. It also shows the complex legal jurisdiction and those laws must be followed according to where the business is conducted. Yahoo! French voluntarily changed its policy to, somehow comply with the French court but still very difficult to block a website for some users. Even more, with current technology, it is simple to surf the web hiding in plain sight. So even with the warning banner, IP blocking, or with the government trying to block communications, it is simple to find what the user is looking for on the internet. Both parties in the case are taking the right path in not pursuing or continuing with the case, it will be very expensive and time-consuming and it is not worth it.
A similar problem to the one in the current scenario can be solved in a few more ways. Both sides would benefit from negotiating since they could sit down and talk about their disagreements or have someone else do it on their behalf. Another fantastic option to avoid a court case is mediation, in which a neutral third party decides on a solution that both sides can ultimately agree with (Ferrera et al., 2011). Another tool for both parties to avoid a judicial battle
is arbitration (Ferrera et al., 2011) Any option under alternative conflict resolutions is one I would suggest. This enables alternatives to litigation, such as arbitration, mediation, and negotiation.
If an ethical obligation were breached, on page 273 says “on the third page of the application is a form entitled Statement Climbing Small Entity Status- Independent Inventor, and
there, Dr. Towsend represented that he assigned, granted, conveyed, or licensed rights to CTI. The fact that it is stated on the legal document and the University legal representative did not read it shows that Dr. Towsend was not trying to commit fraud. A misunderstanding, lack of knowledge, or a mistake is not enough to present a lawsuit to invoke the doctrine of fraudulent concealment (pg. 274)
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