ASSIGNMENT 1

MAY 2019 SEMESTER

SUBJECT CODE : CEL210

SUBJECT TITLE : COMPUTER ETHICS & CYBERLAW

LEVEL : BACHELOR

STUDENT’S NAME : SURAJ SHRESTHA

MATRIC NO. : C301019170022

PROGRAMME : BICT (Hons)

ACADEMIC : ROSHAN KC
FACILITATOR

LEARNING CENTRE : AMBROSIA, NEPAL

INSTRUCTIONS TO STUDENTS

1) This assignment consists of THREE (3) questions. Answer the question.

2) Plagiarism in all forms is forbidden. Students who submit plagiarised assignment will be
penalised.

3) Your assignment will be examined based on the followings

 a complete working solution.
 ability of using methods available in the learning materials.

4) This assignment carries a 30% weightage toward final grade.

THERE ARE ONE (1) PAGE OF QUESTIONS, EXCLUDING THIS PAGE.

INSTRUCTION : Answer ALL questions (Total Marks : 30)

Question 1

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:

Defamation is the publication of statement of alleged fact which includes fake

announcement which harms the popularity of an person, business, institution, product, religion,
authorities, or nation as well as different verity of defamation that retaliate against groundless
criticism. It is done to harm people in the sake of money or to take revenge against reveal
person.

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.

One of the easiest approaches to recognize slander is to remember the example of

movements of an employee who's unhappy along with his organization's policies and strategies.
At an occasion which includes employees with their spouses and partners, the disgruntled
employee begins to spread untrue statistics approximately the business and its proprietors. As
part of his feedback, the employee may also state that the organization owners interact in
business activities that are illegal as well as unethical. Unless the employee has reliable proof to
return up these claims towards the particular people recognized in the statements, he could be
held liable for 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.

Types of product defects are:

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:

A “marketing defect” can be the basis of a merchandise liability lawsuit while a

manufacturer or vendor does no longer warn a consumer about a risky feature of
a particular product. Flaws within the manner a product is advertised, together
with mistaken labeling, insufficient instructions, or insufficient protection
warnings.

b) Briefly explain on “Strict liability” in software product liability.

[5 Marks]

Answer:

Product liability is the area of law wherein manufacturers, distributors, providers,

retailers, and others who make merchandise available to the public are held answerable for
the accidents those merchandise motive. Strict product liability is a legal rule that announces a
seller, distributor or manufacturer of a defective product is at risk of a person injured by that
product no matter whether or not the defendant did the whole lot feasible to ensure the illness
in no way happened. Whilst easy in theory, the exceptions to the stern product legal
responsibility rule may be truly complex at instances.

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:

1. Keeping Wild Animals:

Anyone who maintains a wild animal could be held responsible for any damage that
the animal may additionally motive another man or woman.

2. Ultra hazardous activities:

Activities which includes transporting risky chemical substances and the usage of
explosives are considered strict liability by using the court whilst someone is injured.

3. Consumer Product liability:

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]

END OF ASSIGNMENT QUESTIONS

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