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Abstract:
This Article first deals with the question of to what extent the Convention on CyberCrime have unreasonable implications for the individual Cybernauts, specially the convention's basic principle of aut dedere aut judicare - the duty of each party to extradite or to prosecute. Next, it deals with the problem that the convention pursuant to article 22(4) does not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law. It then describe when a state under public international law has jurisdiction over public international computer networks (the Internet), including the problem of where the offence is committed and who is the offender. In addition it deals with the problem of a minor being the offender and mention some Internet related cases involving juveniles. Finally, it deals with what public international law should embrace in relation to public international computer networks.

Cybercrime, Internet, Cyberspace, Crime, International Law

Abstract:
In this article, I first state my six steppingstones that I use when dealing with what I have termed pure online (see below First Base) incidents on public international computer networks, where public international law is determining. As for the later, I use the term Global Jurisdiction, which is characterized by a State's jurisdictional rules taken on its wording reaches all alien cybernauts, thus making a Worldwide jurisdiction involving aliens whom can be anywhere in the world (outside the forum state). This term has to be distinguished from Universal Jurisdiction.

Thereafter, I briefly mention the aim of jurisdiction rules, the big problem with the Internet in relation to jurisdiction and when a state under public international law is allowed to legislate (prescribe and adjudicate) and enforce.

Next, I use online newspapers as a pure online example and give some perspectives and mention how different states have tried to exercise global jurisdiction over foreign online newspapers.

Finally, I make some short remarks on how to achieve A Just World under Public International Law for Newspapers in Cyberspace.

Cyberspace, Internet, International Computer Network, Computer Network, Public International Law

Abstract:
This is an English translation of the Danish injunction order in the so-called thepiratebay.org case decided on 5 February 2008 by the Bailiff's Court of Frederiksberg (Copenhagen).

Plaintiffs are the music industry. Defendant is a Danish ISP. The court ordered defendant - a Danish telephone company - to block its customers from access to the Swedish website, which help users get music files from each other.

Indirectly, the case involves the international issue of how to block online access to information or business from foreign countries and thus hinder international exchange of data - one of the main purposes with the Internet.

It also involved the problems copyright holders are having online to protect their interests.

Internet, Cyberspace, Copyright, Injunction

Abstract:
This book (431 pages) consists of part I, Introduction; part II giving a broad introduction to the federal court system and personal jurisdiction in the United States; part III.A deals with on-line agreements and forum choice clauses; part III.B. deals with 1990-2001 cases on jurisdiction in relation to cyberspace; part III.C deals with U.S. e-mail cases; part III.D is a survey over U.S. cases on jurisdiction dealing with website activity; part V has Final Remarks.

Cyberspace, Internet, Personal Jurisdiction, Civil Procedure

Abstract:
This article deals with court's determination of personal jurisdiction over non-residents (aliens) on basis of the content of websites.

It is build upon a survey of nearly every single published American case from 1991-2001 involving websites; and where the first eliminating factor has been whether the court based its decision also upon other facts than a website.

The remaining - what could be called purely online - cases was then in the survey split up on basis of the features on the website, building up a true gliding activity scale as suggested by the Zippo court - not a three-part division that many courts have used and wrongfully cited the Zippo decision for.

Of those cases that found jurisdiction upon only the web activity, the survey shows all were in reality doing business online; whereas cases not reaching this requirement on the survey's formulated gliding scale rejected to exercise personal jurisdiction.

The article contains some overview tables on the cases related to this gliding scale.

It is the author's opinion that is has no real sense to discuss decisions and websites, if the latter has not been the only determining factor for exercising personal jurisdiction. Then the case is just based on the same pattern as all other cases, namely a decision upon a total of facts allowing personal jurisdiction over non-residents (aliens) and thus giving no problems using the old (normal) minimum contact test.

The Zippo decision's requirement of only exercising specific personal jurisdiction when the highest level on the gliding scale is reached, seem to have been followed by all other courts that also decided to exercise personal jurisdiction.

Thus, on basis of the survey, the Zippo decision is still the leading case - if the decision is used faithfully, and its gliding scale method seems to be an appropriate method to decide when a non-resident (alien) defendant with only "contact" in form of a website has made such links (a basic requirement under public international law) to the forum that it is reasonable to call him to the forum court.

The Zippo gliding scale should also be used by courts outside the United States when only website facts are involved and an alien defendant is involved.

Cyberspace, Internet, websites, personal jurisdiction, Public International law

Abstract:
This article written in Danish deals with those rules in the Danish Civil Procedure Code on jurisdiction that seems relevant for online commerce when one party is located outside the European Union area. In such instances the Danish jurisdiction rules in the Civil Procedure Code has to be used, as the E.U. Council Regulation 44/2001 of 22 Dec 2000 only covers instances where all parties are inside the E.U.

The Appendix consists of an unofficial translation into English of Chapter 22 of the Danish Civil Procedure Code (rules on jurisdiction).

An updated version (exclusive the Appendix) is printed in English as: Chapter 9 in Henrik Spang-Hanssen, Public International Computer Network Law Issues (Copenhagen: DJØF Publishing, 2006 - ISBN 87-574-1486-6 - US Library of Congress number 2004-411311)].

Denmark, Cyberspace, Internet, Jurisdiction, Civil Procedure

Abstract:
This article is a continuation of the article The earthly chaos in websites - question of jurisdiction and net-censorship.

It first deals with the French and California 2000 and 2001 court decisions. It further deals with conflicts between nations, and the problems with the technology behind the international computer networks.
It is an English translation of an Danish languaged article original published in a Norwegian Law Review.

Internet, Yahoo case, Cyberspace, Public International Law

Abstract:
This article has been written upon the request of an American law school teacher, which has found it very instructive. This article outlines the difficulties or disadvantages any legal scholar has when pursuing into a new country's law. It especially outlines the task any foreign legal scholar/student has to overcome before entering a foreign country's law. It outlines a wizard example of the legal regime in a continental (civil) law country. It also gives some examples to use in the teaching class.

Legal Research Methods

Abstract:
This article first notes that increasingly public international law impinges on private international law (conflict of law) and that the Internet is a web of networks of computers around the world.

Its use exploded when English Berners-Lee from CERN in Switzerland offered the HTTP protocol to the world as an open source (- as is the case with the IP/TCP protocol). This public international computer network has no central computer. Therefore with good reason, it can be argued that the Internet shall be governed by the international society.

Next, is briefly mentioned the public international law on telecommunication (the technology of carrying electronic communication) and that the Internet is a data delivering service.

The main part of the article deals with the issue of who should govern the Internet, discussing different organizations. It is argued, that no existing organ seems appropriate to govern the public international computer networks (the Internet). Many countries regard it is being a common heritage of mankind. For example, ICANN is presently trying to get power over the Internet by distancing itself from the US Government - however it will continue being under US (California) law. Therefore, a completely new neutral international organ should be created - like the International Sea-Bed Authority for the public international sea (High Sea).

In addition, the article briefly mentions some incidents that probably are violations of public international law and jurisdictional rules on when a state can govern.

Public International Law, Cyberspace, Internet

Abstract:
This article gives a broad introduction to real estate mortgages and foreclosures in Denmark.

Denmark has the oldest mortgage legislation in the world.

The legal and institutional framework has in many ways been the recipe for efficiency and success within Danish mortgage banking and is probably the foremost reason for the long and unblemished history of specialized lending in Denmark dating back to 1851.

After a short introduction and history on Danish legislation, the article describes Danish mortgages, including appendixes with complete English translations of all mandatory mortgage terms.

Next, it describes in detail the Danish system on foreclosure of real estate, again including appendixes with English translations of the various Danish rules for auctions of real estate.

Finally, it offers some final remarks, a list over important case law (in Danish) and a list of recommended further reading and sources.

The reader should study Appendixes A through E thoroughly to obtain a full understanding of the Danish system.

Mortgage, Foreclosure, Auction, Real Estate

Abstract:
This is an English translation of the decision of 27 January 2005 from of the Supreme Court of Norway in the so-called "Norwegian Napster" case dealing with a copyright issue.

Claim for damages pursuant to §55 of the Norwegian Copyright Act for making links on the Internet to copyrighted music files in mp3-format. The right-owners sued for 500,000 NKR in damages.

The Supreme Court did not decide whether the making of links to music files should be regarded as published, see §2 of the Copyright Act. However, the linking was regarded as contribution in respect of damages for the uploaders illegal publishing of the music, see §55 of the Copyright Act, see also §54 subsection a and d, see §45.

Damages was rewarded for the loss of the record-producers and the artists that are embraced by §58 of the Copyright Act and directions §6-1 to the Copyright Act.

The Supreme Court affirmed the first instance's decision of awarding 100,000 NKR in damages, but not there was no order as to costs.

Internet, Cyberspace, Copyright

Abstract:
This article deals with the Yahoo case and the problems it involved. It is an English translation of an Danish languaged article original published in a Norwegian Law Review.

[This article is continued by Filtering and blocking of websites content and legislation on the Internet - including the Yahoo case.]

Internet, Cyberspace, Yahoo case, International Computer Network

Abstract:
This is an English translation of the decision of 27 May 2005 from Oslo Trial Court in the so-called Direct Connect case dealing with a copyright issue.

Accused A established three file-sharing services for music.

After an extremely thoroughly deliberation on whether there was evidence of intent and of acting as an accessory, the court held the services violated copyrights, performing artists rights and phonogram-producers exclusive rights.

An exemption from liability under the E-commerce Act was not present.

Internet, Cyberspace, Copyright

Abstract:
This Article Online aftaler i USA [Online Agreements in the U.S.] (written in Danish) first mentions the existing different kinds of online agreements used in the U.S. and next mentions some of the model acts (UCITA and EETA) made in the U.S. related to American online agreements. Next it deals with some American case law. It concludes that in some aspects seem the online consumer protection to have gone beyond reason.

The article is partly written on basis of Chapter III.A from Henrik Spang-Hanssen, Cyberspace Jurisdiction in the U.S. (From an alien's point of view) - The International Dimension of Due Process (Complex no. 5/01, Institutt for rettsinfomatikk - ISBN 82-772-046-8) [Book in English]. Available at SSRN: http://ssrn.com/abstract=1105703

Online agreements, Cyberspace, Internet

Abstract:
In this article I argue that the region-code or zoning made by Hollywood for movie DVDs are in violation with the main principle of the European Single Marked since May First, 2004 when three Baltic countries became members of the E.U. as the latter by Hollywood are put into another DVD zone (the Russian zone) than previous E.U. member states.

I argue that the E.U. must allow its citizens to violate the Hollywood region-code system as it is in violation with the European Single Marked principle, just as no state of the United States would accept to be put into another DVD region-zone than the rest of the states of U.S. I argue the Movie industry should find another and proper feature to protect their copyright.

Finally, I argue that consumers should have no right to make a back-up of or copy a bought DVD. If broken, they must buy a new.

Cyberspace, Internet, Copyright, European Union

Abstract:
This article first mentions the existing different kinds of online agreements used in the U.S. and next mentions some of the model acts (UCITA and UETA) made in the U.S. related to American online agreements. Next, it deals with some American case law. It concludes that in some aspects it seem the online consumer protection to have gone beyond reason.

Online agreements, Cyberspace, Internet