ICT Law, IP Law, EU Law Research Papers (original) (raw)

Textual data mining and analyses are not recent developments, the uses of different tools to achieve the end goals of data and text mining has been developing for more than two decades. In recent times, there are numerous numbers of tools that has enabled new insights to be drawn from text corpora. Social networks are rich in various kinds of contents such as text and multimedia. Hence, social media is a great source of recent information and the data scientists are engaging themselves very often to understand the complex issues of social and political sentiment in a large given community by using various text or data analyzing tools. The applications of text mining are very diverse and span multiple disciplines, ranging from biomedicine to legal, business intelligence and security. However, for the potential benefits of text and data mining (TDM) to be unlocked, a number of non-technological barriers need to be overcome. Hence, the objective of the paper is to discuss the essentials of text mining of social media from a legal perspective. The study is based on secondary sources where a doctrinal and comparative research shall be conducted to solve particular research questions. As text mining touches upon several areas of law, including contract law, copyright law and database law; it is very important for us to address the issues and consider more noteworthy emphasis on the technological advancement and sustainability.

Data protection legislation has developed in a digital communication context that is changing dramatically. Infrastructure-based, networked systems are increasingly interconnecting and interoperating with infrastructure-less or even spontaneous networks, which are important elements of pervasive systems. These are also characterized by an autonomic, self-managed behavior that undermines the role of central management entities such as network and service providers. In this context, meeting the demanding requirements of privacy laws becomes a serious challenge, because once the user's data crosses a managed boundary, it is impossible to clearly determine and transfer responsibilities. This chapter revisits the important elements of privacy regulations with the purpose of highlighting the hurdles posed onto pervasive systems. The analysis in this chapter indentifies imperative research and technological issues.

- by Antonio Liotta
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- Privacy, Regulation And Governance, Pervasive Computing, ICT Law, IP Law, EU Law

La tesi è incentrata sui problemi giuridici legati al software. Nonostante la complessità del settore essi possono essere ben riassunti in tre punti: 1) la stratificazione delle tutele 2) si tratta di un prodotto che non appena immesso... more

La tesi è incentrata sui problemi giuridici legati al software. Nonostante la complessità del settore essi possono essere ben riassunti in tre punti:

la stratificazione delle tutele
si tratta di un prodotto che non appena immesso nel Mercato rileva le sue peculiarità tecniche
il processo creativo delle innovazioni in questo settore ha un forte carattere cumulativo
La tutela del software è sempre stata divisa tra la normativa sul diritto d'autore e quella sul brevetto. Queste due forme di tutela si basano su assunti diversi perchè, se da un lato il diritto d'autore tutela qualsiasi forma di espressione di un software, purchè abbia i requisiti previsti dalla l.d.a., dall'altro il brevetto assicura un monopolio legale per un certo periodo di tempo sull'invenzione nei limiti delle rivendicazioni effettuate nella domanda. Entrambi questi strumenti, a fasi alterne, sono stati considerati inadeguati a tutelare i programmi per elaboratore. All'interno di questo contesto si colloca il movimento dell'open source che, muovendo da una critica all'applicazione degli strumenti di tutela propri del diritto industriale, introduce all'interno del Mercato un nuovo modello di business. L'originalità degli strumenti utilizzati dai sostenitori dell'open source che, è bene ricordare, non prescindono dall'applicazione del paradigma autoriale, mi ha convinto dell'applicazione di questo modello di distribuzione. Proprio per questo motivo la parte conclusiva del presente lavoro affronta la tematica dell'open source economy portando, senza pretesa di esaustività, alcuni esempi di applicazione a realtà nazionali.

- by Alessandro Iocco
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- Business, Contract Law, Open Source Software, ICT Law, IP Law, EU Law

This chapter basically analyses the challenges which have been brought by the development of science and Technology (ICT) in relation to the offence of theft in that, the development of science and technology brought a new wine in the old bottle, while the technology is moving in a light speed the Tanzania laws especially the Penal code is remaining in yesterday which poses a big challenge in application of the traditional principles and same ingredients of theft in a cyber- ream, some of Tanzanians and other foreigners that have now turned ICT technology into cheap conduct for commission of the offences, especially electronic theft.
Few incidences have been reported to the police and few cases taken to court but Tanzania have not sufficiently amended the Penal code or enacted new penal code to curb the gap which have been brought by the development of science and technology because the offence of theft has been changed from traditional theft to cyber theft.
The ingredient of theft like asportation is challengeable to prove it by using traditional concept of theft, the issue of deprivation of property and intangible property is changed because the law recognised tangible property but not intangible property like computer data or intellectual property.
In analyses the issues, the author has realized that Tanzania laws especially the penal code is inadequate to curb electronic theft. Finally, the author has provided recommendations on the possible measures to combat on line theft or electronic theft.

- by Nicas P.Ngimbwa
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- Cyber crime, ICT Law, IP Law, EU Law

Abstract.
“Your Brain is the Hardware of your Soul. It is the Hardware of your Very Essence as Human Being. You cannot be who you really want to unless your brain works right. How your brain works determines how happy you are, how effective you feel, and how well you interact with others. Your brain patterns help you with your marriage, parenting skills, work, and religious beliefs, along with your experience of pleasure and pain”.
Daniel G. Amen, M.D.
This paper is about the potential understanding of the development of Information and Communication Technology (origin and meaning of information and communication technology, internet and e-commerce). The paper will further assess the development of online business in Tanzania from traditional means to modern means that is electronic business system, and the law governing these exchanging of information. Then lastly the roles and impacts of information and communication technology in conducting various online businesses and conclusion will be cemented.

- by Asherry B P Magalla
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- Entrepreneurship, Business Ethics, History, Communication

""Abstract.
Since the lifetime of our Grandfathers’ Generations, a lot has been said about Human Rights. The ability to share information and communicate freely using ICTs is vital to the realisation of human rights as enshrined in the UDHR and the International Covenants on Civil and Political and Economic, Social and Cultural Rights. This is simply because it has changed the scope of what is known as human rights and what is known as the violation of the said. What is known as privacy and what is known as freedom of speech. Generally it makes complications on what is somebody’s rights and what is not.""

- by Asherry B P Magalla
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- History, Human Rights Law, Human Rights, Privacy

""Abstract.
This paper is about the potential understanding of the development of Information and Communication Technology in Tanzania, E-commerce respectively (Part I). The paper will further assess the development of check system (origin, meaning, and forms of check) from traditional means to modern means that is electronic check system and the law governing it (Part II). Critical analysis of the laws dealing with the admissibility of an electronic check system, between Kenya and Tanzania (Part III), and then personal assessment will conclude the discussion (Part IV).
The main legal questions in this paper will be, whether the electronic check system in Tanzania is protected by the law, whether the law has provided for the conditions for electronic check, and whether electronic check can be admissible before the court of law as evidence in civil suits.
""

- by Asherry B P Magalla
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- Business Ethics, Finance, History, Law

""Abstract.
This paper presents important issues on whether the Law of Contract of 1975, Cap .345R: E 2002, curter the needs for the Formation of Electronic Contract in Tanzania. The paper will consist of Five Parts in terms of alphabet A-E. The intent of the paper is not to provide an exhaustive treatment of the subject but a good understanding of the subject.
In Part A, the attempt here is simply to familiarize the reader with a careful understanding of the Concept of Contract. Here then, the author will trace back the history of contract and law, where it was rooted. How do the ancient world defined and understand the concept of contract. What were the regulations regulate the whole concept of contract. And lastly different types of contracts.
In Part B, as the fact that a studied area is Tanzania, now the concept of contract in Tanzania Legal Regime will be discussed.
After the discussion of the concept of contract and the law in Tanzania Arena, the new world of contract formation that is cyber contracts will be considered in Part C, which will include the origin, meaning, elements and types of cyber contract.
In Part D, it is where the issue of whether the Law of Contract of 1975, Cap .345R: E 2002, curter the needs for the Formation of Electronic Contract in Tanzania will be discussed by looking at the aspect of contract formation, validity and other essential aspects of the contract.
The last part is Part E in which after considering all the facts explained in Part D, the author will have to give his assessment on the issue and provide his recommendation as to what must be done if there is any problem concerning enforceability of electronic contract and conclusion.
""

- by Asherry B P Magalla
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- Contract Law, Human Rights Law, Social science: Tanzania, Regulation
- by Żaneta Zemła-Pacud
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- ICT Law, IP Law, EU Law, Orphan Drugs