Technology and Business Law Blog

Recent IP and Technoloy Law Happenings

Here are some interesting recent happenings both in the U.S. and in India on IP and technology law.

The litigation that was on for a while and made interesting reading is the battle between the fashion icons Barbie v. Bratz and the more long standing and mature co ntender Barbie wins $100 million in a copyright infringement law suit. The side issue in the matter was breach of contract because Mattel the maker of Barbie filed a law suit against MGA Entertainment the maker of Bratz stating that the design for Bratz was taken from Barbie while the designer worked with Mattel.

Now, the greatest cyber criminal in the world is an Indian and has allegedly helped a criminal gang steal identities of an estimated eight million people in a hacking raid that could ultimately net more than 2.8 billion pounds in illegal funds.

More on cyber crimes, malicious software, the worm, called Koobface, turns compromised computers into “zombie” machines that can be used in other types of online attacks.

In India, criminal proceeding against eBay India under section 85 of the Information Technology Act, 2000 for an alleged sale of an obscene video clip showing two Delhi students was halted by the Supreme Court.

What do “hacktivists” do? They scrutinize a new weapon of international warfare: cyber attacks.

The Indian government has drafted new company law. The law permits to recognize e-mail as a valid piece of evidence. Also the government at various levels are trying to harmonize related legislations like Information Technology Act and Evidence Act on the subject, so as to avoid regulatory overlaps. Even as the company law awaits amendments to this effect, the Competition Commission of India (CCI) feels corporate e-mails could be crucial evidence in cartel investigations.

Advertisements

August 27, 2008 - Posted by | Uncategorized | ,

2 Comments »

  1. Is e-governance without a sound cyber law, cyber security and cyber forensics a good option in India? I do not agree. We must first build capacity for legal enablement of ICT systems in India before taking any promising e-governance venture. India is infamous for its weak cyber law (IT Act, 2000) and ineffective e-governance. A crucial truth that India failed to appreciate is that e-governance in India is useless till we are capable of securing it as well. Without the crucial capabilities in the fields of cyber security and cyber forensics, India is heading towards a big trouble. Even the basic “e-mail tracking” procedures are sometimes posed as a big challenge before the law enforcement in India. Interestingly, some of the legal experts have shown their support for prosecuting owners of e-mail addresses and Internet Protocol addresses relying upon “common law principles” not knowing exactly the nature of the Internet.

    Comment by Citizen | August 29, 2008 | Reply

  2. Dear Sir/Madam

    We are in the process of constituting a Working Group on Cyber Law in India headed by Mr. Praveen Dalal, the Leading Techno-Legal ICT, Cyber Law, Cyber Security and Cyber Forensics Specialist of India. The same would consist of leading Organisations, Institutions, Industrial and Professional Bodies, Members of Civil Society and NGOs, Governmental Representatives, Lawyers, Judges, etc who have sound knowledge and expertise in the field of Information and Communication Technology. The interested persons or institutions are requested to join us and contact us as soon as possible as there would be limited number of members of this group. Kindly contact us at editorlnav at rediffmail dot com and perry4law at yahoo dot com in this regard with relevant particulars and details.

    Kindly see http://legalnewsandviews.blogspot.com/ for more details and forward this information to others as well.

    Regards

    Editor
    Legal News and Views

    Comment by Editor LNAV | August 29, 2008 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: