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Internet Info 1994 March
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Internet Info CD-ROM (Walnut Creek) (March 1994).iso
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n-1-1-060.01
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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