cyber law in bangladesh

Topics: Cyberspace, Law, Computer Pages: 23 (8509 words) Published: September 28, 2013 Term Paper on Cyber Jurisprudence

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 two laws of the real space itself come to conflict in the Cyber Space, the principle of “Primacy of the Meta Space” fails. This is reflected mainly in IPR disputes and Jurisdiction disputes. Instead of fighting legal battles that can only end in victories for the one who has more financial resources, it is necessary to accept that “Real World Laws Cannot be Extended for Every Conflict in Cyber Space” Now is the time, not when a Crisis occurs, when we should examine cyber jurisprudence in a cyber society. Left to their own devices, lawyers have a way of siphoning the joy out of anything. Stories like Bragg’s probably have most attorneys drafting retainers for the personal injury claims of the 21st century rather than trying to shape a sustainable legal framework for cyber society. A.s we have discovered in the real world, the Internet has rarely offered easy opportunities to co-opt existing law. Yet, we are presented with an unprecedented opportunity to re-imagine the role of law, to redefine its relation with people, to create a legal system heretofore undreamed of. The architects of Second Life, Wikipedia, and others are anything but traditional.[2] Chapter :02

“Learn to Unlearn”, the first principle  of “Cyber Jurisprudence”. An interesting legal development in USA involving a law suit in physical space over a dispute of a virtual property has attracted attention of Cyber Law specialists. A case has been filed by a Pennsylvania resident Marc Bragg against San Francisco-based Internet game company Linden Lab and its president and CEO for alleged conversion, fraud, unjust enrichment and breach of contract and for allegedly violating several California laws. The origin of the conflict is through an online game “Second Life” run by Linden Lab. In this game the players can buy, sell, lease land and other assets through a currency created in the game called “Lindens”. Lindens can also be bought in exchange of physical currency such as US Dollars. In the Game, there was...
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