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- 060.01 Rules of the road: network law
- by Patrice Lyons, Esquire
-
-
- When I was out driving last weekend, I noticed a stop sign placed at a
- dangerous intersection. Down the road a bit, there was another sign to indicate
- a hidden driveway. We often take such indicators for granted. Rules of the road
- have evolved over time in most parts of the world for the protection of
- motorists and pedestrians alike. By facilitating the flow of traffic, these
- rules contribute to the orderly conduct of commerce.
-
- In the case of the Internet, however, we are still in the early stages of
- reaching a consensus on the digital equivalent of basic rules of conduct to
- govern access to and the orderly dissemination of information. This space in
- the Internet News will be used to focus attention on specific legal issues
- arising in the context of the Internet. In doing so, it may serve to advance
- the development of rules of conduct for the Internet community, or, at least
- flag important matters for more detailed consideration. Please let the editor
- know if there are legal concerns about networking that you would like to see
- discussed. We will attempt to cover them in up-coming issues.
-
- To initiate this forum on network law, I have elected to focus attention on
- what I consider to be the most basic of rules for the user of networks, namely
- respect for the rights of individual authors. In particular, I refer to the
- right to claim authorship as set forth in the Berne Convention for the
- Protection of Literary and Artistic Works. Generally, by denying an author
- credit for a work, the public may be misled into believing a third party was
- the actual creator.
-
- There are at least three aspects of this right to consider: (1) the right to be
- named as author; (2) the right to object to another person being identified as
- the author of your work; and (3) the right not to be identified as the author
- of a work created by another person. In addition, an author may decide to
- remain anonymous or to adopt a pseudonym.
-
- In the context of the Internet, where portions of a work created by a person
- may easily be taken out of context, it may be useful to consider the
- development of standard electronic identifiers that would follow works, or
- excerpts from works, as they migrate over the Internet. For example, an
- electronic system of footnoting may point the reader back to the Internet
- mailbox of the source, together with a mention of the author's name and the
- time, date and place of origination. False attribution of authorship and other
- violations of this "moral right" may be avoidable. Such a system may provide
- for the electronic equivalent of road signs to facilitate the flow of
- information over the Internet.
-
- Law Offices of Patrice Lyons, Chartered
-