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.
LEARNING SYNOPSIS
This exercise uses graphical search engines, answer
engines and news websites to define and research legal concepts.
EXERCISE
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.
1) Identify the legal term
for the action being taken against your client.
2) Does such a procedure
exist in the EU other than in the UK?
3) Does such a procedure
exist in Australia?
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