Wednesday, December 16, 2009

POSTER

Objective of the Poster: to increase the level of people awareness about law/multimedia law





















Facebook sues men for allegedly phishing, spamming

Facebook has sued three men, alleging they used phishing techniques to get access to Facebook user accounts and then sent spam from the compromised accounts.

The lawsuit was filed Monday in federal court According to Facebook, the lawsuit makes claims under the Can-Spam (Controlling the Assault of Non-Solicited Pornography and Marketing) Act, the Computer Fraud and Abuse Act, the California Anti-Phishing Act and the California Computer Data Access and Fraud Act. This is the latest legal action the social networking site has taken related to spam....

News from cnet...
url: http://news.cnet.com/8301-27080_3-10416265-245.html?tag=mncol

Comments...
Spamming is an abusive in electronic messaging systems. This phenomenon is hampering the development of the information society by undermining user confidence and trust in online activities. Appropriate actions to solve the problem of spam are necessary at national and international levels. It is an unethical behavior because it criminally by stealing others info and it can harm the users.

So.. i think tat these people are unethical and they should follow the rules but not taking the shortcut to do inllegal action. These people deserve to get the punishment from the law!

Tuesday, December 15, 2009

276 sexual harassment cases at workplace reported since 1999

News from NST online...

KUALA LUMPUR: The Dewan Negara was told today that 276 cases of sexual harassment at the workplace were reported over the past 10 years.

This followed the introduction of the Code of Practice for the Prevention and Eradication of Sexual Harassment in the Workplace on Aug 17, 1999.

"Of the total, 271 cases have been resolved, while investigations on the rest were ongoing," Deputy Human Resources Minister Datuk Maznah Mazlan said in reply to Senator Loga Chitra here today.

She said there were five forms of sexual harassment, namely verbal, signs, physical, visual and psychological.

"Those convicted of committing sexual harassment in the verbal or visual form could be punished under Section 509 of the Penal Code which carries a jail term not exceeding five years, or fine, or both," she said.

Those who committed physical forms of sexual harrasment could be charged under Section 354 of the Penal Code, which carries a maximum jail term of 10 years or fine or both, added Maznah. - Bernama

Url: http://www.nst.com.my/Current_News/NST/articles/20091215185753/Article/index_html


As an employer, you have a responsibility to maintain a workplace that is free of sexual harassment. This is your legal obligation, but it also makes good business sense. If you allow sexual harassment to flourish in your workplace, you will pay a high price in terms of poor employee morale, low productivity, and lawsuits.

There are ways to prevent if you do not let urself sit idle. here are some steps to prevent:

Step 1 Verbally warn the person and warn them if they falter again you will report them.

Step 2 Report the incident. No matter what, you must report any incident of sexual harassment. Simply write down a brief synopsis of what happened, and make sure to submit it to your boss and the proper other channels at your workplace.

Step 3 Find the help you need. You can search resource and information from the internet to help you. You do need to take the first step and research and contact these organizations in order to get the help you need.

Step 4 Take action. There are plenty of things that you can do to stop it and make sure your every one realize how serious you are about defending yourself.

http://www.ehow.com/how_2178593_stop-sexual-harassment-work.html

Saturday, December 12, 2009

Contract...

What is contract all about??

















From wat i learn in the last few lesson in Legal Framework class...

Contract
is mainly about an agreement between 2 or more parties that is legally binding between them.

Contract
agreement fall under the law section 2(h) of contract act.

The principal statue dealing with law of contract in Msia is the Contracts Act 1950.

All contracts must be deal with an agreement. but not all agreements are automatically become contracts.

Without essential elements, an agreements are not contracts.

Elements of Contracts are:
- Free consent
- Offer & acceptance
- Intention to create legal relations
- Consideration
- Certainty
- Legality
- Legal capacity

Thursday, December 10, 2009

Importance of Data Protection

I was reading my notes lately...
I realize that how serious is tat if there is no data protection...
so y data protection regulation is needed??
we have the rights to give o not about our personal data and information to any. If there is no regulation about data protection, consumer will suffer a serious financial loss for example when our credit card data is stolen by someone. other thant that, we will also feel unsafe to do some activities. losses of privacy can also rishks the secret ballot of the democratic vote. Without regulation bout data protection, ther will be increasing losses of privacy inevitably lead to corresponding losses of personal freedom. The most valuable asset of any organization is data. Loss of data results in a significant loss of revenue. If businesses fail to safeguard information they also risk on losing the trust of their customers.

There are some ways which data will lose such as hardware disk controller failures, network connectivity or component failures, and offline power supply failures are the primary reason of data loss. another treat is the risk posed by people. individuals or groups can inflict deliberate harm. Another reason is software corruption.

so, technology plays an important role... bcuz of the fast technology development, there muz be a regulation that guarantee to prevent miss-use of technology...

Wednesday, December 9, 2009

Copyright...

Copyright is a form of legal protection that gives the author of an original work exclusive right for a certain time period. Copyright applies to any expressible form of an idea or information that is substantive and discrete and fixed in a medium. The owner of the copyright in a work is given certain exclusive right, such as the right to reproduce the work and sell it. In order for copyright to attach, the work must be in material form and must be original in nature.



In Malaysia, for literary, musical and artistic works, copyright will last for the life of the author and 50 years after his death. As for films, sound recordings and broadcasts, copyright will last for 50 years from the beginning of the calendar year next following the year when it was published.

Tuesday, December 8, 2009

McDonald’s vs McCurry

An intresting landmark issue all about two alphabet "Mc" i found out...























It was the world’s largest chain of fast food outlets take the little restaurant to court. because of the landmark issue and it is about two letters of the alphabet "Mc". Mc Donald wants to protect its name from what it said was a trademark infringement.

But in the end the giant fast food McDonald’s lost an eight-year trademark battle to prevent local restaurant. The Court of Appeal ruled that it was wrong to assume that McDonald's had a monopoly in the use of the prefix 'Mc' on a signage or in the conduct of business, and the irresistible inference to be drawn from the totality of the evidence is that McCurry's Restaurant signboard would not result in reasonable persons associating McCurry Restaurant with the McDonald's mark. McDonald’s was also ordered to pay RM10,000 in costs to McCurry....

More info...
http://thestar.com.my/news/story.asp?file=/2009/9/7/nation/20090907155554&sec=nation
http://biz.thestar.com.my/news/story.asp?file=/2009/9/8/business/20090908111316&sec=business

Friday, December 4, 2009

Nokia sues Apple













Recently there is a breaking news about Nokia sues Apple, says that iphone infringes ten patents. Nokia claiming that all iphones models shipped infringe on 10 of its wireless technology patent relating to GSM, UMTS, and WiFi. Nokia is claiming that Apple is unfairly profiting from Nokia's hard work and €40 billion investment in developing wireless communications technologies with its iPhone. According to Nokia's press release, the patents in question have been licensed by some 40 other companies, "including virtually all the leading mobile device vendors," and Apple's refused to agree to "appropriate" license terms.

Nokia press releases: http://www.nokia.com/press/press-releases/showpressrelease?newsid=1349562

Comment from me is it depends on how and if they had negotiations going or informed Apple in a timely manner. Just because they are filing a suit now doesn't mean that there isn't a back story or background negotiations taking place/fell apart. You don't sue somebody because your scared of losing market share. In my opion, Apple should have go for the smart way to start paying licensing fees before this goes before a judge. In the end, if for Apple, they alsowill do the same, sue anybody if that makes something that even looks like an apple. What goes around comes around.

Wednesday, December 2, 2009

Tutorial Exercise: Law on PDPD and Cybercrime

1. Linda was stunned in front her PC when she received an electronic mail, in a chain of senders and receivers, telling bad things about herself, her crazy shopping habits, her domestic problems and her involvement in superstitious activities with a bomoh(magician) allegedly for gaining her more wealth and fortunes. She is now thinking to pursue legal actions for the unfavorable email against her. With reference to the above case, explain the meaning of online defamation, and discuss the legal remedies available for Linda. (Nov 2004)

Defamation means something attack the good reputation of somebody or say bad things about somebody , meaning as a result of malice, desire to harm someone else and its a unprivileged statement of fact. Online defamation means someone attack somebody else through Internet. One would have grounds for a lawsuit if remarks were made about them that were defaming to their character online. The side have to prove that the statement is false as well as malice in order to win for the lawsuit.


In Linda case, Linda can prove the email for her lawyer to against the senders. In Malaysia, in LAW OF MALAYSIA, penal code section 499 to section 502 is applicable for the case as Linda. If the senders is found guilty, he or she might get punishment. This can be divided into civil or criminal cases. In civil cases, the person sue the makers just want to get compensation on what he/she had damage on the person’s reputation. But, in criminal cases, whoever defames another shall be punished with two years of jail or with fine or with both. For Linda, she can sue the person for damage her reputation , get compensation and seek for apologizes.


2. Tommy, a Multimedia student at MMU, was caught by University authority after it was found he had cracked the University’s information system, defaced the front page of University’s official website and stolen a bulk of confidential data regarding students’ academic records. It was also discovered that he had attempted to break several lecturers’ computer system but without avail. On the investigation he said that all his action was just for fun exploring the system’s weaknesses and without any criminal intention. In this case, advise the University regarding Tommy’s liabilities arising from his actions with reference to the law of computer crimes in Malaysia. (Jan 2006)


What is cyber crime? Cyber crime can be simple be describe as access other people ’s personal computer without any authorised right. Other than that, illegal interception or someone damage or delete computer data without right, can be said as cyber crime too. In Malaysia Law, cyber crime can fall into Computer Crime Act 1997 that related to the misuse of computer.

Tommy had cracked university’s information system and this is the acts of unauthorized access on CCA 1997 , section 3. An person shall be guilty of an offence if (a) he causes a pc to perform any function with intent to secure access to any program or data held in any computer ; (b)the access is unauthorized ; (c) the person knows at the time when he causes the computer to perform the function. Whoever fall under this section , will be liable to a maximum RM50,000 fine or 5 years jail or both.

Furthermore, Tommy had done another serious act which is defaced the front page of University’s official website and stolen a bulk of confidential data regarding students’ academic records. This can lead him under Computer Crime Act 1997 ,Section 5(1) which is the person modified of the contents of a computer without any rights. IF the person is found any guilty under this act, will be punishable with a maximum RM 100,000.00 fine or to 7 years imprisonment or to both. Nevertheless, Tommy said his action is just for fun exploring the system’s weaknesses and without any criminal intention. But, what he did was attempted to unauthorized access to his university ’s system.