Fundamental rights in cyberspace and internet customary law
by Paul Przemyslaw Polanski
International Journal of Intellectual Property Management (IJIPM), Vol. 2, No. 1, 2008

Abstract: Internet commerce continues to flourish notwithstanding the lack of predictable international legal framework. Despite the efforts of numerous international organisations, so far no international treaty dealing with the internet has come into force. It is argued that the internet community has managed to successfully function because it has developed a unique normative culture. The objective of this paper is to discuss the fundamental customary rights such as the freedom of linking and copying that have been developed over the last decade by the internet community. The paper draws on the concept of custom as a potential remedy in removing legal uncertainty in the electronic environment.

Online publication date: Sat, 19-Apr-2008

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