THE UNIVERSITY OF HONG KONG FACULTY OF ENGINEERING
DEPARTMENT OF CO孔。UTER SCIENCE CO:MP7901 Legal Protection of Digital Property
Date: 10 May 2019 Time: 6:30 pm – 8:30 pm
You may bring into the examination room NO MORE THAN 5 SHEETS of A4 size paper containing your own notes. ANY SET OF NOTES EXCEEDING 5 SHEETS \\τLLBE REMOVED IMMEDIA TEL Y IN ITS ENTil主ETY.
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Answer ALL questions. This examination paper consists of two parts. For Part A, you should circle the BEST answer to each question on the examination paper. For Part B, you should write SHORT AND SUCCINCT answer to each question in the space provided on the examination paper. If additional answer sheets are used, attach them to the examination paper for them to be marked.
Unless otherwise stated, all persons, websites or companies referred to in the questions are domiciled, situated or incorporated in HONG KONG.
Write yo盯 University Number in the space provided on each question sheet. This paper has a total of 60 marks.
UNIVERSITY NUMBER:
QUESTION 1
PART B (40 Marks)
Write short and succinct answer to each question in the space provided. Ifyou need to make assumptions about the facts, make the BEST and the B位NIMAL number of assumptions, and state what they are.
QUESTION 1. (20 Marks)
MathSoft Limited (“MathSo缸”) is the owner of “MathWhiz”, a program for learning Mathematics. The program only caters for English-speaking learners and does not support the Chinese language. LeamSoft Limited (“LearnSo缸”)， a firm with a software development cen甘e in Mainland China, had approached MathSoft for a licence to develop a bilingual version of MathWhiz supporting both Chinese and English, but was refused by MathSoft.
Frus甘ated, LearnSoft instructed its progr位nmers in Mainland China to develop the bilingual version of Ma由Wh泣 and re-design its user interface. The completed program, named “Le缸nWh泣弋 functions in exactly the same ways as MathWhiz but supports both Chinese and English. LearnWhiz’s user interface, however, is very different企om 出at ofMathWhiz.
LearnWhiz was lanched in 出ree months ago and has since sold more than 2,000 copies. Through a private detective, MathSoft has obtained a copy of LearnWhiz’s source code and discovered that except for those modules relating to the user interface, the other modules in Le訂nWhiz all look very similar to their counte中訂ts in MathWh泣. MathSoft has also found that a m吋or portion of LearnWhiz’s Chinese manuals appe訂S to be directly 甘anslated 企omMathWhiz’s English manuals.
(a) Advise MathSoft what legal actions it can take, if any, under the laws of Hon!!:
盔盟Z.(15 M訂ks)
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University Number:
(b) Would your answer to (a) be different (and if so, how) if LearnSoft had obtained a licence from MathSoft to develop LearnWhiz in Mainland China? Explain. You are not required to discuss the laws ofMainland China. (5 Marks)
University Number:
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QUESTION 2 (20 孔1arks)
(a) Zhu has invented a new device,“SpeakWell”, which enables patients with speaking difficulties to produce intelligible human speech. Using some ordinary sensors attached to the patient’s neck, SpeakWell is able to monitor muscular contractions around the patient’s throat and generates the correct sound. Central to SpeakWell are a chip (“Chipl吋 and an intelligent program (“Programl”) based on a special method (“Methodl”) devised by Zhu. SpeakWell, claimed as “α device for generating human speech based on muscular contractions around the vocal cordsp’, has been granted a patent in China. Zhu has also obtained a standard patent for SpeakWell in .
After SpeakWell was granted the standard patent, Dr Sylent has come up with a new device, “DrSpeech”, which also uses some ordinary sensors for monitoring muscular contractions around the patient’s throat. But instead of generating human speech, DrSpeech would display the muscular contractions graphically on screen, thus allowing a speech therapist to quickly identify the patient’s speaking problems. At the heart of DrSpeech are a chip (“Chip2”) and a program (“Program2”). Chip2 is the same as Chipl, and the method (“Method2”) employed by Program2 is very similar to Method1, though the codes ofthe two programs are completely different.
Can Zhu take any legal action against Dr Sylent under the laws of and, if so, in respect ofwhat subject matter? Explain. (10 Marks)
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University Number:
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(b) HappyMoney.hk is an online stockbroker. The company maintains huge databases on its server containing detailed information of its customers, their stock portfolios and their transaction records. To prevent the contents of the databases from leaking to unauthorized persons, HappyMoney.hk uses sophisticated security measures for controlling access to the databases and advanced technologies for encrypting their contents.
Edward is the Managing Director ofEasyMoney.hk, another online stockbroker. Edward had been discussing with Peter, a programmer of EasyMoney.hk, ways to compete with HappyMoney.hk. Following a plan as discussed and using some advanced sofu凡rare tools provided by Edward, Peter was able to log into HappyMoney.hk’s server and access its databases. Peter then downloaded portions of the databases onto his own computer, and deleted those portions from the databases on HappyMoney.hk’s server. Playing with the downloaded portions on his computer, Peter was able to decrypt their contents and retrieve
the raw data.
What 訂e Peter’s criminal liabilities, if any, under the laws of ? Explain. (10 Marks)
University Number:
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