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May 20th, 2007, 10:42 PM #1Judge Wonders What's A Web Site?
Can you believe this?
A British judge who said he didn't really understand the term "Web site" is fully computer literate and was merely trying to clarify complex evidence for the benefit of the court, the judiciary said on Friday[source]
May 20th, 2007, 11:15 PM #2
- Join Date
- May 2nd, 2007
Believe that a judge does not seem to know exactly what a web site is?
Or that a judge presiding over the trial of an alleged terrorist group's use of the internet does not seem to know exactly what a web site is?
May 20th, 2007, 11:19 PM #3
A judge's skill is to know the points of law.
It is possible (but in modern times it is becoming more and more unlikely) that a judge knows the points of law but is not familiar with the latest technology or the latest "gadgets."
May 20th, 2007, 11:23 PM #4
- Join Date
- May 2nd, 2007
I agree, a judge must know the points of law. He may be 85 years old... lol and actually playing solitaire on his computer in court.
May 20th, 2007, 11:58 PM #5
May 21st, 2007, 12:02 AM #6
HardwareGeek has a point! It's still funny
May 21st, 2007, 03:13 PM #7
- Join Date
- May 6th, 2007
Actually it is a legitimate question.
I guess there is absolutely nothing that has never been "defined" in a court room:-)
The thing is that even most things that seem so obious to us in our daily life, when it comes down to law can really get tricky.
Lawers and judges are always trying to determine some type of accountability and responsibility: Like who was responsible for publishing this or that.
Indeed in can be difficult to really explain where a "website" begins and where it ends - especially with all types of Web 2.0 features and meshups.
Is a blog a "website"? How about a blog on blogger? Is the "website" blogger.com or is it my subdomain/my blog? Can Google be held accountable for what I am posting on my blogger blog?
How about Adsense ads?
Are they legally part of the website they are on?
Who is responsible for false claims made in an Adsense ad?
- The affiliate who doesn't even know the product he promotes?
- The site ower who didn't know that this ad by an affiliate appears on his site?
- The product vendor who was not aware what this affilate was saying about
his product on the Adsense space of somebody else's site?
- Or Google, who permitted this ad to show?
Ohh, there is so much for lawers out there to fight over.
How about Google Earth? Is it a website or a software with some attributes
of a website?
How about sites in a frame - is the site you are on the frameset or the frame?
How about....you name it.
May 21st, 2007, 03:43 PM #8
- Join Date
- January 18th, 2005
I absolutely agree with Sputnik here -- a judge is required to address some fairly refined points of law, and that could absolutely include the issue of "what, exactly, constitutes a 'web site,' and what components of a 'web site' are included when a person or document refers to the 'web site.'?"
Suppose the case involved a "purchase agreement for web site" -- if the term is not defined in the contract, then a whole bunch of questions could come up.
For example, can the seller create a new web site that is very much like the one that was sold? Does the sale of a web site confer any expectation in that regard?
Does the sale of a "web site" impliedly include the obligation to transfer any underlying software licenses (such as ColdFusion)? Does the sale of an e-commerce web site impliedly include an agreement to transfer the seller's merchant account?
If I agree to sell you my "web site," does that include the dedicated server it currently runs on?
If I sell a "web site," and a week later the buyer gets a letter from a trademark owner demanding transfer of the domain name, what rights does the buyer have?
If I have a web site that has a navigation tab to "my" Blogger.com blog, and I sell the web site, will that sale include control of that particular Blogger.com blog?
What if someone sues the buyer for copyright infringement -- can the buyer turn around and sue the seller? Does the sale of a web site include a guarantee that the content doesn't infringe others' rights?
If a company enters into a contract with a developer to "create a web site," and the developer creates a one-page site with just the company name and address, does that constitute delivery of a "web site"??
May 21st, 2007, 05:08 PM #9
Kinda unbelievable knowing that he's a judge. But then very funny!
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