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Analysis of Protests against Internet Regulation (2011-2012)
Košík, Jan ; Navrátil, Jiří (advisor) ; Bláha, Petr (referee)
The goal of the thesis was to describe protests against ACTA (Anti-Counterfeiting Trade Agreement) that took place in Czech Republic in the first half of year 2012. The research consists in analysis of individual protests. While writing this thesis I've focused on describing the role of civil sector organizations, what frames their organizers used and also what was the role of new medias in organizing and dispersing these protests.
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Analysis of Protests against Internet Regulation (2011-2012)
Košík, Jan ; Navrátil, Jiří (advisor) ; Bláha, Petr (referee)
The goal of the thesis was to describe protests against ACTA (Anti-Counterfeiting Trade Agreement) that took place in Czech Republic in the first half of year 2012. The research consists in analysis of individual protests. While writing this thesis I've focused on describing the role of civil sector organizations, what frames their organizers used and also what was the role of new medias in organizing and dispersing these protests.
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Analysis of Protests against Internet Regulation (2011-2012)
Košík, Jan ; Navrátil, Jiří (advisor) ; Pospíšilová, Tereza (referee)
The goal of the thesis was to describe protests against ACTA (Anti-Counterfeiting Trade Agreement) that took place in Czech Republic in the first half of year 2012. The research consists in analysis of individual protests. While writing this thesis I've focused on describing the role of civil sector organizations, what frames their organizers used and also what was the role of new medias in organizing and dispersing these protests.
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ACTA as an attempt for international law regulation of the internet.
Růžičková, Zuzana ; Benda, Josef (advisor) ; Šmíd, Milan (referee)
This thesis deals with international Anti-Counterfeiting Trade Agreement, also known as ACTA. It came to attention of public and media in the beginning of 2012 and its ratification in the European parliament had been preceded by extensive protests. The thesis concentrates on the topic of Internet as a worldwide spread independent media and the way ACTA was supposed to interfere with it in the name of copyright defending. The aim of this work has been to create a comprehensive file about ACTA which could serve as an introduction to this issue and also as a minimum for further studying of this subject. The background of preparation of this agreement is described in the first part as well as its accepting in the EU - with emphasis on the Czech Republic - and also similar American bills PIPA and SOPA are mentioned. The second part is addressing the very content of the agreement. The meaning of chapters and sections of ACTA is briefly explained, described is the present law adjustment of the Internet, mainly the law protection of intellectual property on the Internet. The objections of public to ACTA and their evaluation in terms of validity are added in the thesis, too.
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The Pirate movement phenomenon in the world and the Czech Republic
Dohnal, Jakub ; Šisler, Vít (advisor) ; Šlerka, Josef (referee)
This bachelor thesis deals with history, foundation, principles and specific activities of Pirate parties in the world and the Czech Republic. In the beginning, author introduces history and context of the pirate movement, specifically by describing groups around hacking, free software or open access. Ideas of the Free Software Foundation founder, Richard Stallman and of the well-known American lawyer Lawrence Lessig are thoroughly described, since they work as a substance for the fundamental pirate principles, like freedom of information, privacy protection or copyright law revision. After defining selected information policies, author describes foundation and activities of the European Pirate parties. It lays emphasis on the first Pirates in Sweden, the successful German Pirate party, the problems of internet policy in France and on the European union topics, specifically the international ACTA treaty. In the final part, author introduces the history and information policy of the Czech Pirate party, which is compared with the information policy of the Czech Republic in the light of fundamental principles of the pirate movement.
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Legal issues of protection of sound recordings of musical compositions
Grishina, Marina ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
In my diploma thesis i deal with legal aspects of the protection of sound recordings of musical compositions in the Czech Republic and the Russian Federation. In connection with the development of modern technoligies that facilitate access to copyright works, for example the internet, protection of copyright and rights related to copyright is becoming a very important and should be corresponding. The first chapter deals with the definition of the basic concepts of copyright. The second chapter focuses on the issue of copyright infringement and infringement of related rights in the Czech Republic and Russia. In the following section copyright's international treaties (TRIPS, ACTA and others) are analyzed and liabilities, which arise from them. The fourth chapter deals with the issue of enforcement of copyright. In the last chapter, I compare effectiveness of Czech and Russian legal norms for the protection of copyright, based on anonymous sociological research among university students relatively to the origin of audio recordings of musical compositions.
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Monetary claims in intellectual property infringement cases
Sedláček, Václav ; Boháček, Martin (advisor) ; Macek, Jiří (referee) ; Pauknerová, Monika (referee)
The dissertation examines the enforcement of monetary claims in cases of intellectual property rights infringement. It focuses on the Act n. 221/2006 Sb. on the enforcement of intellectual property and on the directive 2004/48/EC of the European parliament and of the Council. The main aim is to evaluate the extent of monetary claims especially with regard on possible overlap or mutual consumption of the claims.The second aim is the analysis of English terminology in relation to the nearest Czech equivalents. The dissertation uses methods of logic induction and abstraction and the international multilateral comparative method, where the use of language plays a crucial role. The exact method of modelling combined with mathematical game theory is used. The dissertation progressively explains terms and relevant enactments. It introduces existing ambiguities. It tries to clarify them by analysing the EU legislation, the implementations in different member states, the statutory and common law in the USA. Consecutively it focuses on unjust enrichment in English law, then in the USA and in the continental system, where this institute is set negatively -- as the unjustified enrichment. Within the whole thesis the analysis takes place in relation to intellectual property rights infringement. In the penultimate chapter, TRIPS and ACTA are compared with the directive 2004/48/EC to provide further explanations. The dissertation concludes that a parallel award of damages and infringer's profits theoretically is possible, when it is not a single flow of value which is concerned by the infringement. The dissertation negatively replies to the question if damages and infringer's profits may be awarded concurrently in two separate lump-sum amounts according to § 5 (2) or (3) of the Act n. 221/2006 Sb. The reason is that the rate of the royalty is applied to sales of the infringer. These sales relate to the unjust enrichment of the infringer. If damages were again calculated by applying the same rate to the same sales, that would be double recovery. But theoretically this possibility cannot be excluded. A real-world example is very hard to find, even in the non-lump-sum form. Collateral sales awarded with lost profit in US law may serve as one. From the EU documents it seems, that infringer's profits is equalled to unjust enrichment and that is translated as unjustified enrichment. But English theory distinguishes restitution of unjust enrichment and gain-based recovery for wrong, the latter encompassing the award of infringer's profits in the form of damages. The broader Czech notion of unjustified enrichment is not to be equalled to unjust enrichment in the pure English notion, because the former encompasses also intentional wrongs. With regard to the restitution of infringer's profits based on unjust enrichment, the intent plays a role. The broader notion of unjust enrichment relevant to intellectual property rights infringement is called interceptive unjust enrichment, where enrichment "from the property of the plaintiff" is at stake and it is also possible to claim profits gained by the infringement. Focus is on the enrichment "from the property", not on the wrong. The dissertation examines the terms "account of profits", apportionment of profits", "disgorgement" and impure negotiorum gestio with regard to intellectual property infringement. In several countries reasonable royalty is regarded as good measure of net gain from the infringement of intellectual property. When the infringement was not innocent or wilful, it's possible to claim not only the objective enrichment but also the subjective enrichment -- profits of the infringer. In Czech law, that is represented by the emoluments from the enrichment. The aim of the last chapter is to evaluate, in the context of the operation of other relevant elements of legal environment, the preventive function of the double royalty claim introduced by the Act n. 221/2006 Sb. By construing a game theory model and using simulation, the thesis concludes that in lower royalty intervals, where attorney's costs are a high burden, the effect of the double royalty is insignificant. Where "more significant infringements" are at stake, and the royalty passes a given frontier, the application of the double royalty heightens the preventive function of the Act. Those "more significant infringements" have two intervals -- with the highest effect of the double royalty and with the "stabilized effect of the double royalty". But overall, in cases of "more significant infringements", the application of the double represents a heightening of the preventive power by a third and fifth respectively, and this is true only in the case, where the prospective infringers would try to calculate the effect of their infringement before infringing.
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Copyright in the digital age
Kuželka, Kryštof ; Pavlíček, Antonín (advisor) ; Smutný, Zdeněk (referee)
This work is devoted to analysis of the purposes of copyright using analysis of copyright history, current and proposed legal acts and recent lawsuits. It shows that one of the purposes, the one that is mostly the subject of the lawsuits, is the entertainment industry's effort to restrict copying and sharing of digital works to the public. The last part of the thesis offers a solution. The first part analyzes the very concept of copyright, what are the grounds of its protection, and what has changed with the start of the digital age. In the next section there is description and summary of the world's two most important legal acts in the area of copyright protection -- DMCA, representing an act that is in force and ACTA, representing a proposed act. Next section shows the impact of those acts using recent lawsuits divided according to their substance. This section is also showing unjustifiability of some purposes of the copyright protection, especially protection of the right to copy and share. The last part of this thesis introduces a model, which is using the Creative Commons and crowdfunding, and an application that would allow the public to share and copy digital works without limitations while ensuring remuneration to authors.
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