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Mathias Klang's
Scholarly Papers
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1.
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Mathias Klang Göteborg University
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27 May 08
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07 Jul 08
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103 (77,288)
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Abstract:
The focal point in this paper is our virtual selves, the avatars with which we interact with others in online virtual environments. The dispute is growing as to whom these digital manifestations belong to. The dispute is in part due to the ability of the technology to transfer the avatars and also in part on the desire of the software manufacturers to enforce the end user license agreements. These licenses do not follow contract theory but have been enforced by the courts. Despite the actions of the court their validity as a whole is still questionable. This paper contains descriptions of the disputed objects and presents the arguments of both sides. There is also a presentation of the law regulating the area and its rationale, strengths and weaknesses. Then there follows a critique of the law as it is and a presentation of what the law could, and indeed in some cases, should be. In the conclusion this work both describes the importance of this issue and what is at stake if an equitable and reasonably balanced solution to the collective rights cannot be found.
MMORPG, Intellectual Property Rights, Avatars, Law, Computer Games, Eula & Shrinkwrap licence
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2.
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Mathias Klang Göteborg University
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28 May 08
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28 May 08
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46 (123,264)
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Abstract:
This paper examines the theoretical and practical development of informational commons in the digitised and interconnected environment. This is done by looking at the theory behind intellectual property and licenses in their role of creating and maintaining the commons. This paper will also present the practical work in the form of describing a large-scale development project concerning the localisation of the creative commons licenses to the Swedish jurisdiction. The goal of this work is to provide practical and theoretical foundations in the study of the role of informational commons in the knowledge society.
creative commons, open access, free software, informational commons
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3.
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Mathias Klang Göteborg University
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27 May 08
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27 May 08
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45 (124,361)
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Many computer users are happy to be oblivious of the workings within the machine and yet on some level it is important to know what is occurring therein. This paper discusses an unusual type of surveillance software which may be installed in many computers. The strange aspect of this software is that it has often been downloaded and installed by the user, but without her knowledge. The software is mainly designed to collect information about the user of the computer and relay this information back to the software manufacturer. The download, installation, data collection and data transfer all take place within the users own computer but very seldom with the users knowledge. It is the intention of this paper to describe the technology involved and thereafter discuss how this new technology is affecting the online privacy debate. The paper continues to discuss the basis for legitimacy of technology and also the current level of technological deterrents available. The paper concludes with a comparison of two approaches at resolving the current problem, via legislation or the market approach.
Contract, Freeware, Integrity, Law, Internet Marketing, Privacy, Spyware, Surveillance
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4.
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Mathias Klang Göteborg University
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28 May 08
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28 May 08
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43 (126,675)
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Abstract:
The purpose of this paper is to discuss the purpose and need for institutions such as the Creative Commons and attempt to ascertain its importance in developing a lively public domain. To be able to do so, this paper begins by studying the concepts, roles and interaction of private property, the public domain and the commons. Discussing how and why the critique of the commons, as applied to digital products, is flawed. The paper then discusses the role of the commons in the creation and spread of intellectual property online.
Digital, Creative Commons, Licenses, Creativity, Intellectual Property
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5.
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Mathias Klang Göteborg University
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27 May 08
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27 May 08
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43 (126,675)
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Abstract:
In its simplest form civil disobedience involves defying the law for a good cause. It is therefore essentially a conflict between the law and the individual's morality. The purpose of this article is to look at the use of civil disobedience in online environments to understand what civil disobedience is and if it can be implemented as a political force in the online domain. It is not the purpose of this article to attempt to explain the substantive legislation regulating each of the illegal activities. However it is important to describe the acts which we intend to discuss from the point of view of the legislator. The purpose of this is to give a brief introduction to the activity and its conflict with the legal regime. While there is a growing consensus in online criminal law this article maintains a mainly European Union & United Kingdom focus.
civil disobedience, webpage defacement, denial of service, email bombing
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6.
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Mathias Klang Göteborg University
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28 May 08
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28 May 08
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42 (127,891)
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Abstract:
There is a witch-hunt taking place today. Without a deep understanding of the phenomena of computer viruses legislators are attempting, both nationally and internationally, to prohibit what they do not understand. The computer virus is both misunderstood as a concept and abused as a term. Despite this the rallying cry is that all viruses are evil and must be destroyed in the same way as witches were seen as evil in the middle ages. The uncritical criminalisation of computer viruses does not lead to a better society nor does it cure all the ills for which viruses are blamed. This paper is not a defence for viruses but it does explore the alternative uses of computer viruses of which a legislator should be aware and take into consideration when in the processes of defining the legal status of computer code.
virus, law, regulation, computers
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