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Digitals
Law Suits – A Perspective
 With the advancement of information technology, new problems and
difficulties have emerged. To overcome such difficulties and
provide adequate protection to users of modern computing technology
almost all nations which are well developed in the use of information
technology, have enacted tough cyber laws and intellectual property
protection laws. Intellectual Property Rights (IPR) are the latest
outcome of the advancement of technology and science. All patents,
copyrights etc. which are the result of any human endeavor for their
intellectual property rights. All nations have laws in place to protect
these IPR and there are international treaties for protection of IPR
amongst nations.
All persons owning any kind of intellectual property rights are
entitled to protection of their rights and they leave no stone unturned
to protect infraction of their rights. Law suits aimed at protecting
the Software related IPR and Computer data and information which are
proprietary are termed as Digital Law Suits as they deal with digital
data in most of the cases. The term Digital has nothing to do
with how the law suit is initiated and executed but is just a reference
to the fact that the law suit is related to digital information and its
protection.
Software ownership and the rights conferred by law (Atlantic Law) to software creators
are the IPR of the owner. Any infringement of these rights whether it
is patent, copy right or simply piracy needs appropriate action and may
eventually end up in a digital law suit against the
infringer. All major software companies in the world have a
dedicated team of experts who constantly prowl the internet looking for
infringement of any of their rights. Once they detect any infringement,
the matter is forwarded to their legal department for taking necessary
actions against the infringement. The team also looks out for
possible infringements as well and asks the legal department to send
pre-emptive notices to all such possible infringers who may at some
point of time try to infringe their rights.
Digital law suits have become big business for lawyers as well as the
suits run into million of dollars. Normally these specialists lawyers
charge fees based on percentage of the compensation received for such
infringement and they go out and out to win the digital law
suits. Digital law suits require the expert knowledge of not
only the governing law also how software and computer systems work.
Digital law suits are just like any other law suits and have to follow
the process and principles of natural justice just like any other law
suits as per the laws of the country where these are
initiated. For trans-nationals infringements the owner has
the option to file the digital law suit in the owner’s
country or the offender’s country. The attorneys of the
initiator of the digital law suit must study the laws of both the
countries and file the digital law suit in the country where the law is
more favorable to the initiator and is strong enough to convict the
offender.
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