1 PASKAITA

Internet law - It is all the law that applies on the internet. That covers contract law (online
contracts etc), intelectual property law, trademark law and smth like that. When you buy a
thing on the internet its online contract.
Perskaityti butinai Pamelos 1990 article, nes labai svarbus. Nuo 1970 metu mones pradjo
galvot apie kompiuteriu veikima, kaip jie veikia ir pan.
Aiskina straipsnis, kodel internetiniai failai yra geriau negu rasyti ranka:
Ease of replication copying. If u move file from one computer to another, it is reproduction.
By click of a mouse, u can dublicate a file.
Ease of transmission significant exchange of digital medias. Music files, text files and etc. U
can send things through the email.
Ease of manipulation and modification - changing, modification of things.
Equivalence of works as much as you copy the file, as much its quality is decreasing. Copy
of ebook not changing quality when u copy them.
Compactness of works Capacity to search and link u can index digital content. Ability to search the index.
Question: what is the internet?
Answer: the internet are computers that are connected together by information exchanges.
How the internet works? There are different kind of servers that let to change the information
each other.
What is a server? Rex of storage, a huge saver of information.
How the information gets to internet from your computer? By the internet connection (router),
it is like a traffic police which controls the information moving. (Sukuri video, ji nori ikelti i
youtube. Jis keliauja i serveri, kuris turi kita routeri, kuris patvirtina tavo video ir ji nukelia i
youtube). Computer has an ISP (temporary IP number that gives adress of your computer)
that gives a permission to connect the router.
Why does it go to another server? Because of economical reasons (jei tuo metu nedirba
serveris Taiwane, tai dirbs tas, kuris Europoj ir jis apdirbs faila). ISP adresas suteikia laikina IP
adresa tam, kad atsakymas pareitu i ta pati, ir veliau jis dingsta. User does not have an
influence through which server his file is going. Intermediaries are people who give the
infrastructure to sell and buy things.
Two IP adressess: static IP adress and anonimic IP adress.
Legal implications:
Legitimacy problem. Ex. online shops goods is available for everyone, it is a problem,
because you can sell good to person in whom country your good is not available (drugs,
homosexual things or smth).
Liability (atsakomybes) problem. Ex. can you sue youtube for me uploading this video? No.
Two reasons: they provided possibility to do smth.
Territoriality problem. In some countries u can give more money from winning a case.
Enforcement problem. Svarbu, kad toje vietoje, kurioje bylinjiesi, butu imanoma igyvendinti
tai, ko tu prasai.
Privacy problem. If u sue in another country u can not really control your information
(nevisose salyse nuasmenina bylas).

Sheldons problem hacking accounts. What u can do if u have a music server and someone
hacks it and transfer it to another server (smth like Sheldons problem)?

2 PASKAITA
1996 Congress in Switzerland. Declaration of independence of cyberspace
An important purpose of law government does not know what the internet law is so it
becames so chaotic. There is no way to understand what is your rights and ets, because of
chaotism.
How could it make more predictible and fair ? When u do smth on internet is unpredictibility,
because you do not know customer rigths on curent country of website or smth (You do not
know where you are when you buy from e-shop). But the law-makers might claim authority
(kai kanors perki e-shope, kazkokios taisykles visvien egzistuoja, vadinasi yra kazkokia
tvarka).
The rise of law in cyberspace:
*power of control.
*effect of behaviour. The cyberspace does not corespond to real world. There is no reasonable
connection between to power of governmet to control your choice. Internet is not phisical, so
nobody can make you effect.There are no strictly boundaries, because shopping could happen
in two, three or more countries, so there is no boundaries.
*Legitimacy.
*Notice. Nobody tell you that you are on one or another country when you buy smth. Nobody
can stop you from moving, you do not know from which country your good is moving to you.
Because they do not tell you, you do not know with whom you are dealing, so you do not
know what law is applying on your shopping.
On the internet you never needed a passport to buy smth, so internet should have some rules
to clearly work.
Are applicable rules are authoritative? Probably no.
Are non-applicable are not authoritative? (ar situacijoj galima taikyti taisykles, kurios nera
pritaikytos butent tai situacijai?) There are two perspectives: radical perspective (law-maker
perspective) and individual cyberspace actors opinion perspective (sako, kad kai siuntiesi
nelegaliai muzika, tu ZINAI, kad yra taisykles, kurios tai draudzia, bet visvien tai darai).
Acceptance of authority. 5 fundamental rules:
*applicability without jurisdiction. If the law applies, there are more likely to follow the rules. If
you no exactly that there is no rules applies, you are not going follow rules.
*non-enforcement. If there is no chance of enforcement, there are less likely to accept the
authority.
*ignorance. If you simple do not know that rule exist.
*impossible to comply. You have to decide one rule of two, but not both. If there are two

conflicting rules, you have to brake one of two.

*relation between rules and activities.
Subject rule of recognition:
1. Fear of enforcement.
2. Respect for a legal system.
What are traditional mistakes of law-makers?
*Our rules applying to everyone
*
*

3 PASKAITA
http://europa.eu/eu-law/decision-making/legal-acts/index_lt.htm (ES teiss aktai, j
paaikinimai)
Direktyva tai teiss aktas, kuriuo nustatomas tikslas, kur visos ES alys privalo pasiekti. Taiau kiekviena alis
gali nusprsti, kaip tai padaryti, t.y. priimti savus teiss aktus, o ne inkorporuoti esam teiss akt, kaip kad
reglamentus.
Directive is about electric, commercial relationships.
E-commerce buying or selling good or services by means of electronic resources. Everything you order from a
distance, but not in a paper (letter doesnt applies).
Letter vs. Email? If u send a letter it takes a long time, if u send an email, it is so much quicker.

E-commerce questionable things:

*Conclusion of contracts
*Jurisdiction
*Consumer protection. Most complicated thing.
*etc
It is imposible to regulate everything. US nusprende, kad bus self-regulation. EU action was
directive 2000/31/EC. Framework directive - reguliuoja maziausia kieki dalyku, tam, kad
butu menkiausias supratimas kaip ka daryti.
Directive vs. regulation? Regulation is directly binding, directive is not, because state choose
own way to implement it.
Directive parts? Recytles (not legally binding, not has to be implemented. Explains why this
document was passed, it gives a spirit) and general provisions (has to be implemented. Law
starts here)
Fields:
*ISSP establishment (conditions of the establishment)
*Communication and contracts. (offer and acceptance. Offer is an option to provide
a contract. Invitatud referendum vs. contract. Kai matau nuolaida lange ir
galvoju, kar tai yra pasiulymas? Ne, tai nera, tai yra invitatum referendum. It is a
pre-step to establish a contract.)

*ISP liability (internet service provider liability. When the contract is breached
who is liable?).
Coverage of directive (kodel buvo isleista e-commerce direktyva):
*enable free flow of information.
*No full harmonization of contract law.
*Regulation of european market. (e-commercial relations goes beyond EU borders. It is just a
spirit of a directive)
*Necessary to cooperate.
Information society services provider: (kazkas panasaus kaip informaciniai puslapiai, kurie
uzdirba pinigus is reklamu google ant etc.)
BUS EGZAMINE. ISSP? Where can I find this definition explaining? Google them or you go to
iolex (?).
ISP definition recytle 17: It is a service provided for remuneration (economic
element, t.y. nera nemokama paslauga. No money is flowing no ISP. Jei negauna
pinigu uz darba, nera ISP), provided at a distance (persons who sends an offer and
person who takes an acceptance are not in one room), made by electronic means
(cellphones, computers, tablets and etc), provided upon individual request of
recipient (klientas indicidualiai turi pats prasyti suteikti paslauga, o ne jam buti
siuloma paslauga. Television and radio are excluded from e-commercial, because of
this reason. What about internet television? Is this ISP? No, because you dont
choose. Newspapers? Yes, it is ISP.). Know these 4 distinctions, it is obligatory for thing to
be ISP. If not an ISP, directive is not apply.
Place of establishment:
Article 2(c). Service is legal established. Where is a place of establishment? Recytle 19. U
have to ask Court of Justice, bet labiausiai tiketina kad ten, kur vyksta darbas (center of
activities in relation to particular service) (NEREIKIA ZINOTI EGZAMINE SITO). Country of
origin principle Art 3(4).
If u want establish an ISP, u dont need to ask anyone for establish. There is a directive to ask
all the questions.
Directive shall not apply to this: Article 1 part 5.
General information Article 5. Information requirements that should be shown:
*the name of services (to know with whom u are dealing with),
*geography address (to know which law applies, because u need to know where to sue them
in case of fail),
*details of a service provider including email address (in case of any doubts),
*public registred place, trade register (to know smth about company with whom u are dealing
with)
*special authorisations schemes (ex. Online farmacy, to know ar jie gali dirbti su sitais
dalykais apskritai)
*VAT number and etc.
Article 5 part 2. In addition it should be shown clear prices (all costs have to be mentioned.
That should not be any doubt about pays. NO HIDDEN COSTS AT ALL.)
Commercial communications.
Article 6. Should be clearly identifiable as bussiness communications. For dealing with a
bussiness that doesnt give u email (Amazone), it is not clearly identifiable. Important
provision.

Unsolicited commercial communication smth that you dont want, ex. Spam mails. There
are a certain conditions:
*the person who sends has to be clearly identifiable. U have to tell the person who u are and
what u want to offer.
*opt-out registers sarasas, kuriama nurodyta, kurie zmones nenori gauti spaminiu laisku ir
imone turi visada patikrinti toki sarasa pries siusdama spama. Customer/state members of
directive should say that by itself.
*Directive on privacy and electronic communications (Article 13)
Conclusion of contracts.
In some fields EU can control e-commercial relations, BUT ONLY IN SOME FIELDS. National
contract law is not applied!
Article 9 paragrapgh 1. If u want a contract, u should SIGN a contract. But it could not be on ecommerce. What to do so? Electronic signatures (electronic identification file that u add to file.
Then it became legally binding file). Exeptions? Article 9 paragraph 2.
*Rental estate contracts (because of needing public registered), exept rental rights.
*Courts documents
*Suretyship
*anything relating to family law or by the law of succession.
Kada skaitosi, kad contract yra concluded? Kai tu patvirtini tai per emaila, kad gavai. U should
give a confirmation!
Article 10. Consumers protection provision. Which information do u need to include in
conclusion of contract?
*different technical steps to follow to conclude the contracts (issirenki -> uzsisakai -> sumoki
-> gauni)
*turi buti nurodyta ar tureciau issisaugoti uzsakyma ar ne, jei noresiu dar karta perziureti
galbut jie neissaugo uzsakymo.
*facilitating o proccess leidimas pakeisti uzsakyma, kol nepaspaudei check out. Turi visada
tureti galimybe ka tu uzsakineji ir ar uzsakineji tikrai tai, ko tu nori. Jei yra tokia galimybe, o tu
nepamatai klaidos, tada niekas nekaltas, tik pirkejas pats.
*language of a contract. Turi tureti galimybe pasirinkti kalba, kuri nebutinai turi buti tavo
salies, tiesiog turi buti galimybe pasirinkti kalba.
Kada ivyksta kotrakto patvirtinimas? Kai pardavejas tau atsiuncia laiska, kad order gautas ir
viskas tvarkoj. Gali patekti net i spama, bet tu vistiek turi patikrinti ar gavai ar ne.
ISP liability. It is a lot of directives about this.
Article 4. When u establish an ISP, the only law that controls you is your establishment states
law. Exeptions - 3(4), 13, 14.

4 PASKAITA. INTERNET JURISDICTION

Important question which court will be applying ? Because u dont have to travel, u could not
understand a language. If u dont know the language, u dont know what to do. It is a
technical decision which court to choose.
*Brussels convention recast.(agreement of states member on jurisdiction of aplicable law).
Regulation has a legal effect on law. Brussels convention is a regulation, so it is a legal binding

document. Pagrindine taisykle: Defendant in a lawsuit can be always suid in his domicile
place.
*Lugano convention. Applies to the european economic thing.
Brussels convention says: what does regulation covers? Civil and commercial matters. There
are number of exeptions: social security, arbitration, family relations. If it doesnt cover
these matters, u should look in to national law (Regulation says in which court u
should claim. If it is not said, u should look in national law).
By virtue = remiantis
Egzaminui svarbu: Article 7-9, article 17-19.
Denmark earlier was excluded of regulation, now not.
Regulation only applies in private contracts.
Fields of applications:
*all contracts concluded by distance communications
*consumer contracts (especially online sale)
*torts for certain infringements: defamation and IPR infringement
Regulation covers contracts and torts. Place of performance on services place where
provided or should be provided. Where does delivery/performance take place in case of
download? It has not be assigned, we dont know, because there are no case about
it and there is nothing said about it. When u download a song, u just have a right to
listen the song, but not have a song as such.
Case 21/76, Bier v Mines de Potasse dAlsace. River and poison. Upe buvo uznuodyta
vienoj vietoj, o zuvys nudvese kitoj kur teistis? Special jurisdiction. Where do they sued?
Special jurisdiction for torts Brussels I convention on special jurisdiction paragraph 2. The
court of justice said that u have to establish a causal connection (priezastini rysi)
between damage and event. Plaintiff could choose a court in this case France or
Belgium.
Case C-68/93, Fiona Shevill v Press Alliance. Case about defamation. Fiona wanted to
sue a newspaper. Event happened in Paris, newspapers copies u can buy in a lot of other
countries England, Belgium, Liuxemburg, France. Vadinasi visose salyse zmones galejo
skaityti smeizta apie Fiona, taigi kur teistis? Where does Fiona sued the newspaper? This case
is about human right defamation. Defamation is a tort. Court of justice said that u could
always ask for the same amount of money in every country (galima kreiptis ir
kiekvienoj saly, kurioj patyre izeidima, ir prasyti padengti nuostolius patirtus
butent toje salyje). Ji galejo prasyti atlyginimo is savo valstybes arba prasyti
individualiai is kiekvienos, kurioj buvo straipsniai. She sued a newspaper in 5
different countries tam, kad gautu bent vienoj kazka.
Martinez case. E-date published an article about mrs X. Martinez was a french famous
citizen, his photo was published in E-date with the Kylie Minoque, that was defamationing
(personality right) photo. Wrong facts published on the internet. He has a lot of countries
where he could sue an E-date, about 24, todel kad publication buvo prieinamas visoje ES. It
fundamental different than any other publication. It should be centre of interest (biggest
interest, where mostly people know u.). Is esmes teismas sako, kad gali teistis bet kurioj saly,
kurioj nori, tai tavo pasirinkimas, but in addition u have a criteria of centre of interest, t.y. ten,
kur gyvena ieskovas, yra centre of his economic and private activities.

Pammer/Alpenhof. Person from Germany bought a ticket for cruiz, which was advertised like
something other. He wanted to sue. They said: U can sue us on Germany, u can sue us on
Austria. He sued in Austria. The reasoning was: ar tai buvo consumer contract ar
transportation contract? Consumer. Special jurisdiction for consumer contracts. Court made a
distinction between e-commerce matters. Website is only accesible for member states.
Consumer contracts direction is a criteria.
Wintersteiger. Trademark in Austria - Trademark is only valid in Austria. Teritoriality
principle. Same with the copyright. Trademark is an intelectual property. Difference - u need to
registered a trademark, that gives u an exclusive right to use a trademark for your bussiness.
U have a property right when u have a trademark, where does the damage occur?
In place where the trademark is registered. But u also can go to the place of the
harmful event. It could be two options Austria, because it is the place where the
damage occur, and also in Germany, because this is the place where the trademark
is registered.
Pinckney. He was a person who recorded a record on vynildisk. Many years later the
recording was sold through the internet without his permission. He has the right to his song as
well as the sound recording. When u have it, nobody else has a right to copy it. Pinckney
realised that music was sold via the internet. He wanted to sue smth in this case. Where the
copyright was registered? Copyright is not registered! Copyright atsiranda pats
neregistravus jo niekur, kai tu sukuri ir uzpatentuoji kazka. Court asks which court would be
best for sue? Todel kad nera jokios salies, nes nera jokios registracijos vietos. So where do you
sue in this case ??? In every member state where the damage occurred.
Hejduk. Hejduk case confirmed the Pinckney case. Photographer who take pictures of
houses. The architect gave an presentation about his photos. Displaced damage. He could sue
in every country where the content was accessible. Panasi byla I Pinckney.
Apibendrinimas: Consumer by the company can only be sued in a domicile place.
Place of performance delivery takes place. Criteria of direction is very important!

5 PASKAITA
ISP liability. E-commerce exeptions (Art. 12-15)
Art. 14. Hosting. Loreal, Ebay cases.
Art. 15. No general obligation to monitor.
Promusicae. Provision of info, distinction of private.

6 PASKAITA. INTELLECTUAL PROPERTY = IP (COPYRIGHT AND TRADEMARKS)

Copyright V.I.P. right (2001 directive)
Copyright is precise expression. Copyright is about a protection of expression, but not about
ideas. Gali reproduct panasu dalyka, bet ne toki pati.

What is IP? Smth u can not touch but has an owner, it is smth novel. Patent usually is for 25
years. It can be intelectual by trademark, design (thing is protected by design law).
Copyright? Thing can be protected under copyright both and it is a widest right on thing. Ex.
Software is an expression of artistic creative proccess, so this is under a copyright.
Types of IPR: (zinoti pirmus keturis is skaidres)
*copyright + related rights (ex. When u have a copyright to a song, u have a right to record a
song in a CD. It is different right)
*geography indications (ex. Kai tavo copyright galioja tik tam tikroj teritorijoj)
*plant varieties (ex. GMO)
*sui generies right (ex. Right of exactly right: database right
Economic justification (viskas, ka zmogus sukuria, turi buti atlygintina, kitaip neverta to
daryti? ) vs. natural rights theory (whatever u invent this is a part of yourself and therefore
your right has to be protected).
IP rights can have an exeptions. For example in medicine (human heath, public policy, public
interest) certain antibiotics, basic drugs that helps people to survive on a basic level. Negali
apriboti per kaina medicinoje, kad tavo vaisto negaletu nusipirkti Afrikoje vien del dideles
kainos.
One exeption for trademarks: if u want to pretesize a CocaCola, u can use a
trademark (Tai yra, if law permits it).
EU IP level. Widely based on the international treaties. Establish minimum standarts of
substantive law.
Ex. International treaties and convention: Paris Convention (patent and trademarks. Jei
prancuzas gali iregistruoti patenta, tai ir portugalas lygiai tomis paciomis salygomis gali ta
padaryti), Berne Convention (the most important for the protection of copyright. Established
what can be protected under copyright law. It said that copyright convention should stop
when it damage certain right in public interest.)
IP in the European Union (supernational level).
Deutsche Grammophon. Buvo irasytas diskas tokiu pavadinimu, ir atsirado kitas tokiu pat
pavadinimu skirtingose salyse. Pardavinejo abejose salyse. Vienoj saly buvo pardavinejama
pigiau nei kitoj. Tada vienoj saly sustabde importa disku. Ta salis pasake, kad tai yra
pazeidimas trademarko. Court said that there are some cases when u cannot use your
trademark, u are not allowed to exersice this right in some cases (free movement). It based
on industrial and commercial property.
Musik-Vertrieb. When u sell smth your copyright is exausted. Kai parduodi daikta Europoje,
netenki copyright teises i ji, ji gali parduoti Europoje laisvai. Bet jei ne Europoje, tada daiktas
taip lengvai negali grizti I Europa (exhaustion of rights)
IPRs conflicts with free movement. IP is teritorial (once u exersice your rights u cannot protect
it again in EU).
Consten and Grundig. EU competition law: in some situation the exersice of your right can
be hard because of competition. Exersice of a trademark is a violation of EU competition law.
IMS health. Galima leist kamnors naudot tavo copyright, bet reikia moketi compulsory
licence fee.
Harmonization and unification. Most IP rights are harmonized. Some of them are unifized
(there is two level protection levels: trademark in one state and trademark in all EU).
Purpose. Information society = internet.

Copyright protection on 3 levels: international, basic standarts, national.

Information Society Directive.
What is this about? Copyright in work and related rights (software, for example).
Infopaq international. If it is not a work, u can copy it. Is it is work, u cant copy it. Ar 11
zodziu article yra work? Is it protected by copyright? Court said maybe. If they are original
enough, it is work. When it is original enough?
BSA. Graphic user interface.
Football case. Football is not protected under a copyright. There no originality, creative
choices in a football. Football match is not protected both. But it is football broadcast (himn,
statistics and all elements together) it can be protected under the copyright.

7 PASKAITA
Reproduction, communication are not unlimited.
Shall mandatory. Have to u have a choice do it or not.
Ar intellectual property paveldima? Ne. Kai tu numirsti, niekas nepaveldi tavo teisiu I
intelektines teises.
Exaustion does not apply to services.
UsedSoft. When someone download a software provision of a service or a sale?
U cannot resale e-books.
8 PASKAITA
Svarbiausia suprasti IP law is based on international framework.
3 rights: right to reproduction, to distribution (whether digital content can be result?), to
communication to the public. (hyperlinking is not communication!)
IP law is regulated by InfoSoc directive and a lot of other directives talking about computer
programs, databases etc. Lex Speciales vs. InfoSoc directive Lex Speciales wins!
Deckmyn vs. Vandersteen. Differences between directives acceptability.
US system vs. European system. In US is a lot of choices to apply the law.
Sources of authority:
*power. Need to enforce the laws.
*legitimacy.
*community membership (!). Ebay community, ex.
It is individuals choose which rules will they follow.
B2B bussiness to bussiness.
B2C bussiness to com
E-commerce directive:
*Article 1 (3-6 par.) Exeptions.