COMP7901 (2021-22)
Legal Aspects of IT & e-Commerce Homework #1
Due: 11 pm, 20 March 2022
Note the “Guide to Doing Homework Assignments”. Your argument must be reasonably supported by law and the given facts. Whenever possible, cite authorities (i.e., section numbers of relevant legislation and/or cases) to support your argument. If you need to make any assumptions about the facts, make the MOST REASONABLE and the MINIMAL number of assumptions, and state what they are.
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SinoSoft, a company in Mainland China, is the copyright owner of a Chinese authoring program “SinoCreate” designed to assist users in Chinese writing. In the past 3 years, SinoSoft has been selling the program in Mainland China at a discounted price without any exclusive supplier, and in at a higher price through an exclusive supplier. Copies of SinoCreate sold in Mainland China are all labelled “For sale in Mainland China Only” (“the Label”) whereas those sold in HK are not.
A year ago, CNSoft, a software developer in , came up with a new Chinese authoring program “CNCreate” which performed similarly to SinoCreate. CNSoft has since been selling CNCreate only to software retailers in . While CNCreate has all the functionalities of SinoCreate, CNCreate has some new features and a completely different user interface.
CompuStore, a software retailer in , has bought copies of SinoCreate in Mainland China carrying the Label and placed them in its shop in for sale. In addition, despite the staff of CompuStore have found and reported to the company that a large portion of CNCreate’s object code is virtually identical to that of SinoCreate, CompuStore has made bulk purchase of CNCreate from CNSoft and placed them in its shop for sale alongside SinoCreate.
(a) Does CNSoft have any civil liabilities under the laws of ? Explain.
(b) Does CNSoft have any criminal liabilities under the laws of ? Explain.
(c) Does CompuStore have any civil liabilities under the laws of ? Explain.
(You are not required to discuss the laws of Mainland China.)
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