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LEVEL : BACHELOR
ACADEMIC : ROSHAN KC
FACILITATOR
INSTRUCTIONS TO STUDENTS
2) Plagiarism in all forms is forbidden. Students who submit plagiarised assignment will be
penalised.
Due to the imperfection of the legislators about this freedom of expression, there are key
issues that need to be concerned: controlling access to information on the Internet, anonymity,
Defamation, Hate speech and Pornography. Describe “defamation” and its elements.
[10 Marks]
Answer:
Types of Defamation:
Slander and libel are both forms of defamation, regarding statements that damage the
recognition of every other individual. While similarities exist, each makes a specialty of wonderful
forms of technique for defamation. The principle distinction among slander and libel is that libel
is the government defamation of an individual or entity published or in any other case published,
at the same time as slander is a individual or entity's spoken defamation. Slander may also
consist of gestures of the body, while libel may incorporate photographs published.
Slander:
Slander includes verbally maligning the popularity or activities of every other person or
entity, using information that is recognized to be false or misleading. Usually, this could involve
not only the usage of particular phrases to harm a popularity, however additionally movements
which includes hand gestures or facial expressions in order to enhance the incorrect information
that is being distributed. Any defamation that is "transitory" — in other words, no longer constant
in an everlasting medium — is generally considered slander.
Libel:
Libel refers to statements that harm any other person's reputation. The difference is that
libel takes the form of revealed or otherwise "fixed” material instead of verbal assaults. Usually,
libel within the United States can contain unfaithful phrases or snap shots which might be
published in print publications as well as material published on a web site.
Continuing with the instance of the disgruntled employee, he may also select to depart
the organization and write an exposé of the owners and the organization operations. The expose
consists of not only the untrue statistics that changed into previously deployed verbally, but also
may also consist of images that have been taken and then used out of context to enhance the
purported validity of the lies. This kind of activity would probably represent libel.
Question 2
Intellectual property is protected through copyright, patent, and trade secret laws.
a) List any THREE (3) activities which can lead to the creation of patent rights.
[6 Marks]
Answer:
The activities which can lead to the creation of patent rights are:
1. Direct Infringement
2. Induced Infringement
3. Doctrine of Equivalents
b) List and briefly explain any TWO (2) items which cannot be patented.
[4 Marks]
Answer:
The two items that cannot be patented are:
1. Abstract Ideas:
2. Laws of nature:
3. Natural phenomena:
4. Physical phenomena:
5. Software and Business Methods:
6. Bio-technology:
1. Laws of nature:
Nature’s law has no limitation and in nature law no one has right to control. Law of
nature is a kind of natural phenomenon and according to law those things which are living
cannot be patent. Despite the fact that the Patent Act uses the phrase “invents or discovers,”
many court choices have held that a naturally-going on product cannot be patented, even via
the person who first discovers it.
2. Abstract Ideas:
Abstract ideas are principles like pure mathematics and algorithms. You cannot patent a
method. But, you can patent a software of that system. As a result, while you cannot patent a
mathematical method that produces nonrepeating styles, you may patent paper merchandise
that use that method to prevent rolls of paper from sticking together.
[Total : 10 Marks]
Question 3
a) What will happen if a software defect causes injury or loss to purchasers, lessees, or
users of the product?
[5 Marks]
Answer:
There is no requirement to prove that the manufacturer was careless or negligent, or to prove
who caused the defect. All parties in the chain of distribution the manufacturer, subcontractors,
and distributors are strictly liable for injuries caused by the product and may be sued.
Most commercial software consists of intense faults and vulnerabilities, some of which might be
exploitable. This has usually been the case, as it has proven hard to absolutely test software
program, and at the same time as flaws / defects can be substantially reduced by implementing
software assurance techniques, software products are never completely perfect, both left out at
some point of manufacturing or left uncorrected deliberately at shipment moment.
1. Design defect:
This occurs when the product's design makes the product unreasonably
dangerous. With a purpose to establish a defective design, the product should be
proven to be more risky than it would otherwise be for the design defect. Present
in a product from the start, even before it is manufactured, in that something
within the design of the product is inherently hazardous.
2. Manufacturing defects:
Those that arise within the route of a product's manufacture or assembly. Strict
merchandise legal responsibility is similarly applicable to both manufacturing
defects and design defects, although it is frequently less complicated to use strict
products legal responsibility to a production defect. The reason it's far less
difficult to apply strict merchandise liability to a manufacturing disorder is due to
the fact "while a give up product is greater dangerous than contemplated via its
layout, because of a flaw within the manufacturing manner the product is
unreasonably risky”. Additionally, its miles simpler to show a manufacturing
disorder exists rather than an illness in layout. If there is a production disorder,
the injured user simplest desires to prove that the disorder existed. But if there
may be a design defect, the injured customer should show each the life of the
alleged defect and that there existed a possible opportunity to the manufacturer's
selected layout.
3. Marketing defects:
[5 Marks]
Answer:
Strict liability manner that the defendant is held liable for injuring every other character,
no matter negligence or rationale. The plaintiff need to show best that the software product is
defective or unreasonably dangerous and that the defect brought on the injury.
Even though the defendant took important precautions and accompanied protection
necessities, strict liability crimes are specific in that they would still maintain the defendant
accountable. Due to the nature of the activity, the defendant should be able to foresee that a
person might be harmed by using it.
The main categories of strict liability consist of:
Anyone who maintains a wild animal could be held responsible for any damage that
the animal may additionally motive another man or woman.
Activities which includes transporting risky chemical substances and the usage of
explosives are considered strict liability by using the court whilst someone is injured.
If a product is defective, reasons injury, and makes the product dangerous, the
producer or vendor of the product may be dependable underneath strict liability.
[Total : 10 Marks]
Source:
https://info.legalzoom.com/violates-patent-22705.html
https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?
referer=https://www.google.com/&httpsredir=1&article=1113&context=chtlj;Computer
https://www.legalmatch.com/law-library/article/what-cant-be-patented.html