Network Law Review (Volume 5)

Author: Zhang Ping
Publisher:
Publish Date: 2004-11-01
Features: Law is an ancient discipline, while the internet is a modern invention. The combination of the two has given rise to a new field: cyber law. Network technology has provided law and legal development with opportunities unimaginable to previous generations, while simultaneously posing challenges to traditional legal theories and norms. Legal professionals solving new problems in this new space will breathe new life into the old discipline, much like an old tree rejuvenated through grafting, blossoming with vibrant flowers and bearing abundant fruits. Cyber Law Review showcases this promising future. As the Bible says, "Blessed are those who focus on the legal issues of open-source software." Cyber Law Review, Volume 5, has been meticulously prepared, featuring three major works. In the "" () section, a special column titled "Focus on Open-Source Software" has been launched, allowing readers to examine the "Open Source Movement" from various perspectives. The thematic articles include: "Research on Intellectual Property Issues of Open-Source Software—Institutional Incentives, Rule Frameworks, and Theoretical Reflections," "Open-Source Software: A Critique and Compatibility of Intellectual Property Systems," and "Insights from the Open Source Movement for Computer Software Protection."
When discussing the "Open Source Movement," this movement, which gradually emerged in the 1980s, represents another critique of intellectual property in both theory and practice, given the backdrop of the knowledge economy and the information age. However, compared to previous anti-intellectual property movements, this ongoing movement has significant differences. With this question in mind, let us see how the authors analyze and argue their points.
Volume 5 exhibits a clear trend: submissions from the practical sector have increased. These authors have long been engaged in specific research and have conducted extensive research in related fields, making their articles highly targeted. For example, "Legislative Responses to Spam" and "A Brief Analysis of Administrative Legislation on the Internet in China" are discussed later. To maintain the journal's unique style, this volume follows the approach of the fourth volume, leaving a distinct "cyber" imprint on the section titles. Words like "Links," "Click," "Favorites," "Windows," and "BBS" are appropriately incorporated into the section names. Careful readers may wish to revisit the sections.
The "Case Favorites" section is a newly introduced feature. The editors of Volume 5 have put considerable thought into the section titles. We hope to establish this platform to publish recent related to the internet, analyzing legal issues within specific cases to spark further discussion. Volume 5 presents three articles: "MySQL AB v. Progress Software Corp. & NUSPHERE Corp. Case—GPL License and the Missed Opportunity of Legal Alignment," "Resolution and Reflections on the Meta-Tag Dispute," and "From CNNIC v. 3721 to Baidu v. 3721: Regulating Network Keyword Addressing Services."
The previous volume of Cyber Law Review featured a "Information Window" section introducing some of Japan's initiatives under its "Intellectual Property-Led Nation" strategy. The "Editor's Note" at the time mentioned that "developed countries are gradually shifting from exporting technology to exporting rights." In August of last year, Japan released the "Promotion Plan for Intellectual Property Creation, Protection, and Utilization" (Japanese Intellectual Property Promotion Strategy). Volume 5's "Information Window" continues to explore Japan's "Intellectual Property-Led Nation."
In the "Research Tracking" section, the article "Protection of Basic Consumer Rights in the European Union's E-commerce Environment" responds to the three reviews of the EU's consumer rights protection system in e-commerce contracts from the previous volume. The article adopts a macro perspective, which is commendably not void of substance. The submission "The U.S. Anti-Spam Act of 2003" and another article titled "Legislative Responses to Spam" share the same theme and are placed in the "Legislation Click" section.
The author of "Legislative Responses to Spam," Li Changxi, works at the Policy and Regulations Department of the Ministry of Information Industry and is one of the key drafters of the "China Internet Association Anti-Spam Code." His article has two notable features: first, a comparative study of legislation from various countries, and second, legislative recommendations for combating spam in China. In the "Legislation Click" section, we also feature "Fair Use of Copyright in Distance Education and Related Issues—Discussing the U.S. TEACH Act and Its Implications." With the rapid development of distance education in China, the article analyzes the TEACH Act and reflects on China's copyright system, proposing revisions.
Among the numerous submissions, we have selected several for the "Academic BBS" section. Below is a brief introduction to the main articles in this section: "MSN Tying and the Single Product Problem" discusses the shift in standards for defining single products in tying arrangements from traditional economic models to modern information economies. "A Brief Discussion on Contractual Liability for Software Quality under Common Law Systems" primarily examines contractual liability for software quality against the backdrop of traditional British contract law. Reading this article prompts reflection on the question: How can contractual liability for software quality be resolved? What are its differences from traditional contractual liability? "An Initial Exploration of the Legal Regulatory Mechanism for Online Securities Trading—A Study with the U.S. as the Primary Reference" demonstrates the author's keen awareness of the legal issues arising from new securities trading methods. The article analyzes the structure of online securities trading markets, regulatory content, and necessary legal frameworks, proposing different regulatory models by drawing on the U.S. regulatory mechanisms for online trading. "A Brief Analysis of Administrative Legislation on the Internet in China" provides a macro perspective on China's current internet administrative legislation, examining the problems with existing laws. Due to space constraints, we will not introduce other selected articles in the "Academic BBS" section.
Interestingly, we received two submissions around the same time: "On the Application and Dilemmas of Traditional Choice-of-Law Rules in Cyberspace" by Zhu Chunlan of Fudan University Law School, and "A Brief Discussion on the Impact of Online Community Rules on Private International Law—Philosophical Legal Perspectives" by Chen Bin of Wuhan University Law School. The former focuses on international public law, analyzing how the public law conflicts brought by the internet challenge traditional choice-of-law rules, suggesting that China should seek more effective solutions for legal choice in cross-border cyber disputes. The latter takes the perspective of private international law, arguing that legal rules with obvious regional characteristics need to be appropriately revised, and that international private law concepts used in online environments should be adjusted accordingly; new legal rules should replace outdated ones. We have included both articles together for the readers' benefit.