Intellectual property Assignment Example | Topics and Well Written Essays - 3000 words - 1

Intellectual property - Assignment Example Past rulings by the CJEU and The High Court of England and Wales, will be useful in analyzing the soundness of this injunction. According to the EU’s E-commerce Directive, there is need for a balance to be struck in order to create a system that exempts intermediaries such as the information society service provider who function as conduits of information and do not engage in monitoring or editing of content1. In the case project, balance is not struck. The Directive clearly states that an intermediary that expeditiously removes access to illegal content once they have received notice of the infringement will not be held liable. Additionally, Article 12.1 of the Directive states that a service provider cannot be held liable for content transmitted through its network if the provider does not start the transmission, does not choose the receiver of the content, and does not alter the content. The above injunction against the Information Society Services Provider is blanket in na ture, which deviates from the E-commerce detective. The E- Commerce Directive rules out the creation of monitoring obligations for intermediaries. According to article 15, limitation of liability should not be interpreted as giving any obligation. In the above case, the injunction is giving an obligation to the provider. This implies that providers of online material will not be liable for illegal material that has been availed in their networks by its clients if the provider is a mere channel and has processes in place to take out the material quickly; and they will not be required to supervise activity in advance2. This principle of limitation of liability for internet service providers is applicable in many jurisdictions. Despite the present legislation, the debate concerning intermediary liability continues with industry and regulators raising the issue of liability. In analyzing this

The Case of DNA, Forensic Evidence, and Prosecution Essay

The Case of DNA, Forensic Evidence, and Prosecution - Essay Example The research focuses on one specific case and discusses the usage of forensic techniques involved with prosecuting and convicting an offender. The science of forensic investigation has become a highly popular tool in law enforcement in today's time. It has proven to be useful in sometimes locating evidence that proves the innocence of those thought to have committed a crime. Also it works to prosecute those who are irrefutably guilty of committing violent and criminal acts against other human beings. Although offenders might go free for a certain period of time, forensic techniques are gradually minimizing those possibilities of getting away and remaining free once a crime has been committed. For instance, one stray hair or a cigarette butt with a lip imprint left on it can be the clue law enforcement needs to apprehend a possible suspect in relation to a murder, rape, burglary, or possible other heinous act against those in society. In fact, some researchers state that forensic science has made all the difference in how the criminal system now works in the United States. DNA data banks are worthy tools in legal investigations due to the fact that if a previous offender commits another crime and gets away, the forensic evidence can be analyzed and compared to information stored in the DNA data banks. Often times this hurries the process along and provides the necessary means to apprehend a previous convicted criminal of a serious crime against another (Office of Forensic Services 2006). For instance, in the case where a young financial analyst was on her way to work, she was confirmed to have been abducted and dragged into a freight elevator where she was raped and brutally beaten, possibly left for dead as well. However, the victim bit her offender and the blood that was left behind on her jacket enabled investigators to pinpoint the person responsible for the crime. Often time's forensic evidence such as this is what it takes to apprehend a suspect. Normally it is the inclusion of skin and hair fibers that are found under the victims fingernails th at normally lead to the conviction of a known violent suspect (Office of Forensic Services 2006). The reason that forensic techniques are highly useful is that they do provide the irrefutable proof of who committed a crime. Now this can't always be 100% for a certainty as there have been some cases that have been overturned. However 99.9% of the time this type of DNA evidence provides the validity needed, as well as the burden of proof that the justice system is looking for to seal a conviction against a violent offender (Office of Forensic Services 2006). Another similar case that utilized forensic evidence was one where an offender actually had a soda in the home he was burglarizing. He went so far as to use a straw which left a good lip imprint. This one small mistake by Angelo Powell, who had a long train of burglaries in behind him lead to his arrest and conviction (Office of Forensic Services 2006). His DNA was taken from the soda bottle he left at the scene of the crime and compared to the stored information in the