Unit 11: Intellectual property
When researching the law, a lawyer must identify both the terminology associated with a particular legal concept and the correct term for the concept itself.
For example, it is easier to research the types of contracts which English law states must be in writing when you know that the rule governing such contracts is called the Statute of Frauds.
Using basic and more advanced Internet search techniques, it is possible to identify the correct terminology of legal English, to break a concept into its component terms, and to conduct more efficient research.[br]
This exercise uses graphical search engines, answer engines and news websites to define and research legal concepts.
You have just received a nervous voicemail message from a client, the owner of a small, multi-national Internet Service Provider (ISP) and web hosting company, which provides data storage services on its servers at its premises in several different countries.
The voicemail stated that the client’s business premises in the UK, several other EU countries and Australia were being simultaneously served with search orders. These orders are being administered by both solicitors for the claimant, Electric Banagramme (an Australian record producer) and a supervising solicitor. However, the police do not seem to be involved. Computers belonging to the client are being seized because they allegedly contain protected materials, constituting a copyright infringement.
You are aware that the client was recently sued by Electric Banagramme for allegedly allowing the use of its servers for file sharing, thus facilitating the pirating of thousands of songs.
In order to advise the client you must first identify the current action being taken against him.
- Identify the legal term for the action being taken against your client.
- Does such a procedure exist in the EU other than in the UK?
- Does such a procedure exist in Australia?
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