20
Laws for database sharing
The “
legal
protection of databases
”
was introduced in EU is considered to be a property
right, comparable to but distinct from copyright, that exists to recognize the investment
that is made in compiling a database, even when this does not involve the 'creative' aspect
that is reflected by copyright.
The UK department of trade and industry (DTI ) has proposed a compromise that if the
website is directed at a particular foreign territory then the customer can bring proceeding
their home state, but if the website is just a general site not directed the consumer’s
territory then the supplier could be confident that only its own local law would apply .
Laws for Jurisdiction Issues
The European Union has adopted several regulations that are
relevant to the Internet
jurisdiction issue. The primary source of law is the 1980 Rome Convention, which
distinguishes between business and consumer contracts.
Courts in the United States and around the world have been somewhat inconsistent in
their treatment of Internet jurisdiction issues. Although some courts have been willing to
assert jurisdiction to virtually any website accessible within their jurisdiction, others have
adopted a more cautious approach that sets some limits
on when a court will assert
jurisdiction over a foreign or out-of-state entity whose ties to the jurisdiction are limited to
the Internet. This latter approach is often referred to as the "Zippo test."
