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Common wrong assumptions by amateur internet "lawyers"
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Posted on Fri, May 1, 2009 at 09:23 IST (last updated: Sat, Jun 6, 2009 @ 10:33 IST)
- The internet is governed by its own Laws
- Wrong - the jurisdiction of the internet is still a contentious issue with every country using its own law to govern online activities which fall under their jurisdiction. Online issues can be very tough to resolve if your country doesn't have clear-cut cyber-laws governing online activities or if such laws contradict the laws of another country whose citizen is a party to the dispute.
- All content on the internet is protected by "free speech" laws
- Wrong again. There are numerous "regulatory" authorities, both governmental and non-governmental which try to impose their own set of norms on online content, but their effectiveness is at best weak, because of the international audience of web content and the inability to force web publishers to stick to hosting their content in their own countries.
- Copyright is absolute and totally enforceable
- Many countries have very lax copyright laws, while some others have no copyright laws worth speaking of and thus provide safe havens for websites promoting content theft and piracy. Of course, international pressure has been mounting to prevent this kind of thing, but there will always be a web host in a "friendly" country to host questionable content.
- US laws are applicable and might be enforceable in all parts of the world
- Another assumption made by American citizens while discussing legal implications online. Nothing could be further from the truth. Of course, in countries friendly to the US and its policies in international trade and business, this is more true than in other countries; but there are anomalies in legal systems even among such nations.
- EULAs are the final word and are always legally enforceable
- An EULA is a document of contract and nothing more. Any EULA is subject to the contractual laws of the country in which it is to be enforced. Any contract which violates the legal rights of any of the parties (the end user in this case) in any part of the world might be declared null and void by the law of the land. Thus a software license doesn't always have the full weight of the law behind it, especially in an international context. The fact is, large corporates use EULAs as a way to ensure that customers don't 'complain' too much when their rights are taken away by unfair clauses.
- Legal systems are infallible and are mostly fair
- Wrong. Judges are human beings with their own subjective leanings and legal systems are often ambiguous and given to liberal interpretation. Also, not every "Law" is spelt out in clear terms; many laws are actually case-laws with a long history of judgements to support a particular point of view. There might be other judgements which contradict these "Laws" in many cases which might lead to long, arduous court battles which don't benefit anybody except the lawyers engaged in the case.
- Legal systems are static and absolute
- Again, this is a surprising assumption by many online advocates who use several decades old examples to prove a point. In the meantime, legal systems and laws are constantly evolving and adapting to changing times, especially in the context of online laws which are still in their infancy.
- Legal issues are only for lawyers
- Ignorantia juris non excusat - Ignorance of law is (almost in every country) no excuse. Lay-people need to know the Law of their land, even if only the basics. Obviously it's impossible even for lawyers to know each and every law in operation out there, but for everyday activity and business, some legal knowledge is necessary for everybody.
In this series
- In favour of retaining criminal defamation laws
- Supreme Court upholds freedom of speech
- The slippery slope of "Justice"
- The concept of preliminary objections in Law
- The Art of being in Two Places at once
- Interpreting Law and its pitfalls
- Drafting legal pleadings - an overview
- The art of drafting contracts
- Two methods of learning in the legal profession
- பாரம்பரிய அறிவும், அறிவுசார் சொத்துரிமைச் சட்டமும்
- வீண் பேச்சால் விபரீதம்
- Law and paperwork go together like bread and butter
- ஒரு வழக்கை நடத்துவதற்கு ஏன் வழக்கறிஞர் தேவை?
- The 3 Ds of the legal profession
- Is occasional swift justice a failure of law?
- Contempt of Court - an overview
- Chemical pollution caused by industries: why they invite heavy sanctions
- Business law - the most boring aspect of law
- Legal ethics: how can a lawyer defend the guilty?
- Criminal jurisprudence and the presumption of innocence
- Is tolerance a legal virtue?
- Road accident cases - how to deal with emergencies
- Blogging in anger and its legal implications
- Common wrong assumptions by amateur internet "lawyers"
- On Legal Opinions