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Copy of Unfair Competition Cyberworld

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leomer pelimiano

on 9 January 2013

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Transcript of Copy of Unfair Competition Cyberworld

photo credit Nasa / Goddard Space Flight Center / Reto Stöckli UNFAIR COMPETITION CYBERWORLD Unfair Competition •In Commercial Law, Unfair Competition refers to a number of areas of law involving acts by one competitor or group of competitors which harm another in the field, and which may give rise to criminal offenses and civil causes of actions. The most common actions falling under the banner of unfair completion include: 1.Matters pertaining to Anti-trust Law – Anti-trust violations constituting unfair competition occur when one competitor attempts to force others out of the market or to prevent others from entering the market, through tactics as predatory pricing or obtaining exclusive purchase rights to raw materials needed to make a competing product. 2.Trademark infringement and passing off – which occur when the maker of a product uses a name, logo or other identifying characteristics to deceive consumers into thinking that they are buying the product of a competitor. 3.Misappropriation of a trade secrets – which occurs when one competitor uses espionage, bribery, or outright theft to obtain economically advantageous information in the possession of another. 4.Trade Libel – the spreading of false information about the quality or characteristics of a competitor’s product is prohibited at common law.
5.Tortious Interference – which occurs when one competitor convinces a party having a relationship with one another competitor to breach a contract with, or duty to, the other competitor is also prohibited at common law. Unfair Competition is a term applied to all dishonest or fraudulent rivalry in trade and commerce. This term is particularly applied to the practice of endeavouring to substitute one’s own goods or products in the market for those of another for the purpose of deceiving the public. ACTS OF UNFAIR COMPETITION:
1.Deception
2.Bad Faith
3.Fraud or Oppression
4.Or against public policy because of their tendency to unduly hinder competition Due to the effects of globalization, a lot of businesses are growing more and more competitive. Some businesses, in order to get an unfair advantage against their competitors, turn to illegal business practices resulting in Unfair Competition.
If you have been victimized by others who resorted to underhanded means to sabotage the growth and success of your business, our competent lawyers who are experts on the field of pursuing claims arising from such unfair business practices will definitely help you in recovering damages and exacting reparations for the damage done to your business. Unfair Competition Our expert business lawyers have years of experience in identifying and handling unfair business practices that results in Unfair Competition. Some of the cases they have handled includes unfair practices like unreasonable “no-compete” clauses in the employment contracts, discriminatory treatment of consumers, misrepresentations to consumers and advertisements expressing hostile treatment of competitors to name a few.
In all these cases, our qualified lawyers whose experts in the field of intellectual property issues are successful in providing our clients with the reparation and remuneration that they seek. WHAT IS CYBER WORLD?? Some think it is the world of online computers and communications which implies today's fast-moving high-technology world online. That is one way to look at it if you are into abstractions and distractions. We are interested in something more tangible and real; so we've redifined the term to give it the power and meaning that it deserves. It is originally from the Greek but moved into contemporary usage back in 1948.
"Cyber" is a prefix used to describe a person, thing, or idea as part of the computer and information age. Taken from kybernetes, Greek for "steersman" or "governor," it was first used in cybernetics, a word coined by Norbert Wiener and his colleagues. Common usages include cyberculture, cyberpunk, and cyberspace. Cybernetics is a word coined by group of scientists led by Norbert Wiener and made popular by Wiener's book of 1948, Cybernetics or Control and Communication in the Animal and the Machine. Based on the Greek "kybernetes," meaning steersman or governor, cybernetics is the science or study of control or regulation mechanisms in human and machine systems, including computers. Cyberpunk is a sensibility or belief that a few outsiders, armed with their own individuality and technological capability, can fend off the tendencies of traditional institutions to use technology to control society. The term, combining "cyber" and punk, possibly originated in 1980 with Bruce Bethke's short story, "Cyberpunk." Groups associated with cyberpunk:
1.hacker, who represent the best kind of cyberpunk.
2.cracker, who attempt to break into computer systems.
3.phreak, who attempt to break into telephone systems.
4.Cypher-punks, who attempt to break codes and foil security systems. Cyberspace is the total interconnectedness of human beings through computers and telecommunication without regard to physical geography. It's from the Greek word for Navigator
For once, we know the precise origin of a word. Originally, it was "cybernetic", coined by a mathematician named Norbert Wiener in 1948. He had the Greek word "kybernetes", meaning "navigator", in mind. He was thinking of the way early computers could guide things.
Later it was shortened to "cyber" and got prefixed to everything. CYBER WORLD 1.An online world where users have the mechanisms in place to transact any business or personal activity as easily and freely as they can transact them in the physical world.
2.The world of computers and communications. It implies today's fast-moving, high-technology world.
3.An environment for sophisticated online computing.
4.The futuristic online world of computing.
5.The Cyber World is a digital extension of yourself interacting with a digital extension of our real world in a Virtual environment.
These digital extensions will give the ordinary user extraordinary capabilities compared to today’s standards. The Cyber World will allow the internet to move to a more advanced level of online computing. Things like:
a)Voting
b)Attending classes
c)Purchasing homes and automobiles
d)Court proceedings
e)Job interviews
f)Grocery shopping
g)Medical care and diagnostics
h)Computer and home appliance maintenance and diagnostics
i)Real time monitoring and enforcement of cyber-crime, etc., will all be done online with ease. Cyber World's Goals and Capabilities 1.The Cyber World has the ability to set the human race free. Free from itself, business and government. If there is one thing we've learned from the web, is that freedom will grow anything. It is like fertilizer. The Internet enhanced by the Web is the purest expression of Freedom and Democracy the world has ever known. Yet, there are people who want to limit this freedom in order to control it - in order to make money. 2.In a digital age, this will only lead to failure. There is a new recipe for profiting in the digital age. Adding Freedom = Big Profits. No one says no to freedom and yes to slavery. The Internet enhanced by the Cyber World will give the human race true Freedom and Autonomy. “Do this to the right person, to the right extent, at the right time, with the right motive, and in the right way, that is not for everyone nor is it easy; wherefore goodness is both rare and laudable and noble." Ethical Dilemma/Issues in the Cyberworld 1.Unfair Competition
2.Invasion of Privacy - the wrongful intrusion into a person's private activities by other individuals or by the government. Tort law protects one's private affairs with which the public has no concern against unwarranted exploitation or publicity that causes mental suffering or humiliation to the average person. The right to be left alone is not always superior to the rights of the public and it may or may not exist or may exist to a lesser degree with regard to the life of a public figure, such as a politician or other person in whom the public has a rightful interest. The right to personal privacy is encompassed as an aspect of liberty protected against government interference by the Constitution's due process clause. 3.Theft - Incriminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny.
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