cyber law in bangladesh
http://www.assignmentpoint.com/science/computer/term-paper-on-cyber-jurisprudence.html
Term Paper on Cyber Jurisprudence
Chapter-1
Introduction
Cyber Jurisprudence
The emergence of cyber jurisprudence around the world has promoted the growth of newer dimensions in Law. Students and professionals willing to understand this unique and nascent field of study have opened doors to opportunities worldwide. Similar problems will arise in the future In several other transactions on the virtual space and we should keep ourselves mentally prepared for accepting new concepts of virtual property and laws relating to virtual property. The initial attempt is of course to extend the known physical society concepts to the virtual space while in due course we need to develop separate Cyber Jurisprudence to deal with such disputes. For example, if the Bragg’s case is to be decided in India according to physical laws, the nature of the property being “Land”, the transfer should be subject to “Transfer of Property Act” and “Registration Act”. Transfer of Property Act does not however recognize “virtual land” as an immovable property and therefore the transaction would not be valid under its provisions In fact some characteristics of this virtual property give it an “Intellectual Property Character” since the way the property is used is a “Creation in the minds of an imaginative player. It would therefore be neither appropriate to treat the dispute as a ‘Transfer of Property Dispute” or a “Contractual Property Dispute”. The IPR laws such as copyright could be closest to the property but still does not meet the “Meeting of Minds” test.
It is observed that in recent judicial reviews, whenever implementation of existing laws of the real space to Cyber Space has encountered a conflict, the laws of the real space has prevailed. This tendency in due course is likely to develop into a principle of “Primacy of Meta Space” and become the bedrock of Jurisprudence.[1] However, when
Term Paper on Cyber Jurisprudence
Chapter-1
Introduction
Cyber Jurisprudence
The emergence of cyber jurisprudence around the world has promoted the growth of newer dimensions in Law. Students and professionals willing to understand this unique and nascent field of study have opened doors to opportunities worldwide. Similar problems will arise in the future In several other transactions on the virtual space and we should keep ourselves mentally prepared for accepting new concepts of virtual property and laws relating to virtual property. The initial attempt is of course to extend the known physical society concepts to the virtual space while in due course we need to develop separate Cyber Jurisprudence to deal with such disputes. For example, if the Bragg’s case is to be decided in India according to physical laws, the nature of the property being “Land”, the transfer should be subject to “Transfer of Property Act” and “Registration Act”. Transfer of Property Act does not however recognize “virtual land” as an immovable property and therefore the transaction would not be valid under its provisions In fact some characteristics of this virtual property give it an “Intellectual Property Character” since the way the property is used is a “Creation in the minds of an imaginative player. It would therefore be neither appropriate to treat the dispute as a ‘Transfer of Property Dispute” or a “Contractual Property Dispute”. The IPR laws such as copyright could be closest to the property but still does not meet the “Meeting of Minds” test.
It is observed that in recent judicial reviews, whenever implementation of existing laws of the real space to Cyber Space has encountered a conflict, the laws of the real space has prevailed. This tendency in due course is likely to develop into a principle of “Primacy of Meta Space” and become the bedrock of Jurisprudence.[1] However, when