[WSIS CS-Plenary] Re: Cyber/Jurisdiction and Jurisprudence. (also Re: [Wsis-pct] IP-Watch: Intellectual Property Issues ...)

[l.d.misek-falkoff falkoff]

Responding:

Yes, agreed, in some senses it may be  axiomatic that 'jurisdictional
predicates' may always be in play in the Law  - in that Law invokes forum
features, and this includes Intellectual Property domains.

And/but the current focus was/is Intellectual Property,. and the Summits
much about Jurisdiction, e.g. quite openly: Internet governance.  .(Another
area might be  *Cybertorts / online defamation (CyberlLbel)*, again not to
exclude *CyberCrime* etc. so let's say *CyberInfractions*  - where
jurisdiction to invoke revieweing authority and judgments requires
establishing the jurisdictional predicates).

So ... I'd say that more broadly than IP, your generalization is certainly
compelling inasmuch as it's interesting to contemplate that maybe all Law
has its jurisdictional components; yet there are contrasts between when
these are frontal or surface-apparent, and when "in the wings."

Here, where clearly jurisdiction is a frontal matter yet discussion is
sparse, then of course relative silence might be deemed 'a statement in
itself'.

Reply and reference to "incoherent category [of IP] " noted,  and sending
best wishes,  LDMF.

Dr. L. D. Misek-Falkoff
* Respectful Interfaces * .


On 12/14/05, Richard M. Stallman <rms at gnu.org> wrote:
>
>    Fallut:  sometimes Intellectual Property discussions can get sidelined
> not
>    only per their own substance but because of implications for matters of
>    jurisdictional authority - not a tiny topic and not all that simple.
>
> Isn't that true for discussions about any law?
> What you said is true, but your statement would be
> more fully correct if it were not artificially limited to
> the incoherent category of "intellectual property".
>
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