The integrity of our markets is a part of the foundation of a free society.
Conclusion Introduction Global computer-based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries. While these electronic communications play havoc with geographic boundaries, a new boundary, made up of the screens and passwords that separate the virtual world from the "real world" of atoms, emerges.
This new boundary defines a distinct Cyberspace that needs and can create new law and legal institutions of its own. Territorially-based law-making and law-enforcing authorities find this new environment deeply threatening.
But established territorial authorities may yet learn to defer to the self-regulatory efforts of Cyberspace participants who care most deeply about this new digital trade in ideas, information, and services. Separated from doctrine tied to territorial jurisdictions, new rules will emerge, in a variety of online spaces, to govern a wide range of new phenomena that have no clear parallel in the nonvirtual world.
These new rules will play the role of law by defining legal personhood and property, resolving disputes, and crystallizing a collective conversation about core values. Breaking Down Territorial Borders A. Territorial Borders in the "Real World" We take for granted a world in which geographical borders--lines separating physical spaces--are of primary importance in determining legal rights and responsibilities: There has until now been a general correspondence between borders drawn in physical space between nation states or other political entities and borders in "law space.
The Trademark Example Consider a specific example to which we will refer throughout this article: Trademark law is distinctly based on geographical separations. Different countries have different trademark laws, with important differences on matters as central as whether the same name can be used in different lines of business.
In the United States, the same name can even be used for the same line of business if there is sufficient geographic separation of use to avoid confusion. The physical cues provided by different lines of business allow most marks to be used in multiple lines of commerce without dilution of the other users' rights.
A trademark owner must therefore also be constantly alert to territorially-based claims of abandonment, and to dilution arising from uses of confusingly similar marks, and must master the different procedural and jurisdictional laws of various countries that apply in each such instance.
Although they may be based on historical accident, geographic borders for law make sense in the real world. Their relationship to the development and enforcement of legal rules is logically based on a number of related considerations. Control over physical space, and the people and things located in that space, is a defining attribute of sovereignty and statehood.
For example, the U. Such an assertion of control would conflict with the Brazilian government's recognized monopoly on the use of force over its citizens.
The correspondence between physical boundaries and boundaries in "law space" also reflects a deeply rooted relationship between physical proximity and the effects of any particular behavior.
That is, Brazilian trademark law governs the use of marks in Brazil because that use has a more direct impact on persons and assets located within that geographic territory than anywhere else.
For example, the existence of a large sign over "Jones' Restaurant" in Rio de Janeiro is unlikely to have an impact on the operation of "Jones' Restaurant" in Oslo, Norway, for we may assume that there is no substantial overlap between the customers, or competitors, of these two entities.
Protection of the former's trademark does not--and probably should not--affect the protection afforded the latter's. We generally accept the notion that the persons within a geographically defined border are the ultimate source of law-making authority for activities within that border.
By virtue of the preceding considerations, the category of persons subject to a sovereign's laws, and most deeply affected by those laws, will consist primarily of individuals who are located in particular physical spaces. Similarly, allocation of responsibility among levels of government proceeds on the assumption that, for many legal problems, physical proximity between the responsible authority and those most directly affected by the law will improve the quality of decision making, and that it is easier to determine the will of those individuals in physical proximity to one another.
Physical boundaries are also appropriate for the delineation of "law space" in the physical world because they can give notice that the rules change when the boundaries are crossed.
Proper boundaries have signposts that provide warning that we will be required, after crossing, to abide by different rules, and physical boundaries -- lines on the geographical map -- are generally well-equipped to serve this signpost function. The Absence of Territorial Borders in Cyberspace Cyberspace radically undermines the relationship between legally significant online phenomena and physical location.
The rise of the global computer network is destroying the link between geographical location and: The Net thus radically subverts a system of rule-making based on borders between physical spaces, at least with respect to the claim that cyberspace should naturally be governed by territorially defined rules.
Cyberspace has no territorially-based boundaries, because the cost and speed of message transmission on the Net is almost entirely independent of physical location: Messages can be transmitted from any physical location to any other location without degradation, decay, or substantial delay, and without any physical cues or barriers that might otherwise keep certain geographically remote places and people separate from one another.Mentions of the Harry Potter Bibliography "Since , Cornelia Rémi has maintained an up-to-date and marvelously informative website of international scholarship, symposia, sources, [ ] which attests to the ever-growing, worldwide attention being given to this literature and the vast sea of literary productions emerging from that attention.".
Benjamin Nathan Cardozo (May 24, – July 9, ) was an American jurist who served on the New York Court of Appeals and later as an Associate Justice of the Supreme Court. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style.
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WELCOME TO CANADIAN COMPETITION LAW. I am a Toronto competition/antitrust and advertising lawyer who blogs on competition and advertising law and interesting legal and policy developments relating to business, white-collar crime, corruption and Internet and new media law.
Benjamin Nathan Cardozo (May 24, – July 9, ) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United leslutinsduphoenix.comusly, he had served as the Chief Judge of the New York Court of leslutinsduphoenix.como is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and.
academic lawyers are drawn is the study of literature. This essay 7 B. Cardozo, Law and Literature, in Selected Writings of Benjamin Nathan Cardozo (M. Hall ed. ). 8 J. White, The Legal Imagination: Studies in the Nature of Legal Thought and Expres-. JSTOR is a digital library of academic journals, books, and primary sources.