LAW 7213LAW OF THE INTERNETFINAL (TAKE HOME/DOWNLOADED) EXAMINATION
INSTRUCTIONS TO CANDIDATES
.As soon as you have downloaded the examination paper you must send a short email to Melissa de Zwart confirming that you have downloaded the paper successfully and that you are a candidate for the examination.
.This examination is worth 50% of your assessment in this subject. There are THREE questions. Question one and question two are problem questions, worth fifteen marks each. Question three is an essay question. It is worth twenty marks. You must answer ALL three questions.
.Your examination answers must:•not exceed a combined total of 3750 words for the three questions;•be typed in 12 point font (minimum);•include page numbers;•include in the same file a cover sheet with your name, your student identification number, the name and subject code of Law of the Internet and ‘Semester One 2008 examination’;•include your student identification number on each page;•be saved in Word 97 format (or higher) with the file name: < finalexam_[your surname].doc >;•be submitted as ONE .doc file attached to an email sent to Melissa de Zwart at6.In preparing your answers, you may consult any materials. However, consultation or collaboration with any other person in relation to preparing your answers to this paper is prohibited. A declaration to this effect is attached to the exam instructions. You must complete and return this declaration in accordance with the instructions below.
7.Proper case citations and legislative references should be given, but footnotes and bibliography are not required.
You MUST complete the declaration below and forward it in HARD COPY to Melissa de Zwart at the time of submitting your examination answers by email. You may forward the declaration by facsimile on (03) 9905 5305, by post (to Melissa de Zwart, Faculty of Law, Building 12, Monash University, Vic, 3800) or in person to Room 358, Building 12. You will not receive your results in this subject unless and until this declaration is received by Melissa de Zwart.
For the attention of Melissa de Zwart:
LAW 7213 LAW OF THE INTERNETSEMESTER ONE 2008FINAL (TAKE HOME/DOWNLOADED) EXAMINATION
I, [insert name] ___________________________________________________________, certify that the answers to the above examination paper that I have submitted electronically on [insert date] _________________________________:
1.Have been completed entirely by me without any assistance from another person and I have not consulted or communicated with any other person in the preparation of my answers;#p#分页标题#e#
2.Represent an original piece of work and do not contain any material that has previously been submitted for assessment in this or any other subject (except where due acknowledgment is made in the text of my answers);
3.Do not exceed 3750 words in total.
Date: _______________________________________QUESTION ONE:
Despite being annoyed by the weekly emails, Boris thinks that Antoine offers good prices for his wine. On 28 May 2008, at 11.45 pm Boris logged on to the antoineswine.com.au website and ordered a dozen bottles of fine French Champagne, with a total retail price of AU $5000. Unfortunately, when Boris woke up the next day, he found that he had lost most of his money on the US Stock Market overnight and he now wants to get out of the purchase. He claims that as the purchase was completed using the website, it was not valid, and further, he logged on and withdrew his order at 7.45am, before Antoine checked the orders at 9.15 am. Antoine wishes to enforce the sale.
Advise Antoine with respect to:(a)the competition and collection and use of personal details;(b)the ‘weekly specials’ emails sent to his customers by antoineswines.com.au; and(c)the enforceability of the champagne order from Boris.
Advise Boris with respect to the action he may take with respect to the emails he is receiving from Antoine and Cheeses of the World.[15 marks]
Saffron is an artist and she has set up a web based business promoting and selling her artworks. Saffron lives in East Clayton, Victoria and works as a portrait artist, specializing in tasteful nude portraits. In January 2008 Saffron registered the domain name totallynudeportraits.com.au and the business name ‘Totally Nude Portraits’.#p#分页标题#e#
Cinnamon is also a portrait painter, but has a very conservative approach to art. She has complained to her ISP and to ACMA that whenever she conducts a search for ‘portraits’ and ‘paintings’ she is provided with a link to Saffron’s site. Cinnamon believes that the naked portraits are obscene and tasteless and believes the site should be banned. She is particularly concerned that her eight year old daughter, who also uses Saffron’s computer, will see the images.
Saffron has now been contacted by Totally Nude Portraits Pty Ltd, an Australian business which has registered the trade mark ‘Totally Nude Portraits’ with respect to art and art supplies. They have demanded that she transfer the domain name to them and cease all use of the name and trade mark.
Saffron has also become aware that her images have been indexed by the Dooble search engine, which produces thumbnail images as links to her own website, where some sample images are displayed. She believes that the thumbnail images infringe her copyright and wants them removed from the search engine results.
Advise Saffron with respect to:(a) the demands with respect to her domain name from Totally Nude Portraits Pty Ltd; and(b) the copyright claim against Dooble. (For the purposes of the problem you can assume that Dooble is an Australian company).
Advise Cinnamon with respect to her actions regarding the ‘obscene and tasteless content’.[15 marks]
‘We are becoming a more participatory culture. We can see the emergence of more participatory media…There are a lot of ramifications that I don’t think any of us really understand very well yet. I think that the organisations that will be successful going forward will be the ones that adopt a hybrid model where they look at their operations and realize there are some things they do well and other things the community could do better. Any media-business who takes the ostrich approach with their head in the sand will miss opportunities for user-led innovation.’
Jimmy Wales, Founder of Wikipedia.org, 2008.
What is ‘user-led innovation’? Why is it of particular relevance to the Internet?What legal and/or regulatory obstacles exist to user-led innovation?Do you agree with Jimmy Wales’ statement? Why?
In your answer you should refer to laws and cases we have studied in this unit.[20 marks]