Posted on Categories cybersecurity, litigation

Do we need a special court for cybercrime cases?

The City of London Corporation announced in October 2017 that it would establish a new court in London for dealing with cybercrimes. This will reaffirm London’s status as a world financial centre and the best place to run businesses and solve disputes. Other states are also considering establishing such courts. In our view, Poland should not fall behind and should set one up too.

Our firm has seen an increase in cybercrime litigation cases, particularly over the last two years. Examples are: manipulating e-mail correspondence in order to change the details of transfers of funds, phishing, security breaches in servers and theft of confidential data, attacks on devices connected to the internet, malware, thefts of cryptocurrencies on deposit with cryptocurrency exchanges and public wallets, and fraudulent operations of algorithms on various websites.

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Posted on Categories blockchain

How may we regulate the blockchain?

Many people assume that the approach for regulating the blockchain should be similar to that for many other new technologies. First, it has to be well understood, before adapting traditional regulations to it. This assumption will not work with the blockchain. A whole new approach is required. It is important to realise this, because otherwise it will lead to a number of misunderstandings.

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Posted on Categories blockchain, creative industry

Will the blockchain stir up intellectual property agreements?

Conversation with Monika A. Górska and Lena Marcinoska of the Intellectual Property Practice at Wardyński & Partners about whether the blockchain may be regarded as a new area of use.

Newtech.law: Blockchain based solutions are developing rapidly in various sectors of the economy. Have they also entered the creative sectors?

Monika A. Górska: Definitely. DLT technology may be used successfully to record intellectual property rights and to register transactions involving creative work. Moreover, most computer programs are written today with a blockchain project capability.

Newtech.law: Does the arrival of blockchain-based solutions give rise to any problems with copyright agreements?

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Posted on Categories creative industry

Copyright trolling of peer-to-peer network users

It is easy to break copyright law when using torrents. Nonetheless, if a demand for payment arrives requesting discretionary amends for harm caused by distributing, say, a film without a licence, it must be read carefully and checked whether its sender is actually the rights holder, or just someone making a living from sending such letters.

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Posted on Categories other

Technology and its discontents

Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected?

A new economic reality functioning in cyberspace has arisen before our very eyes. Human activity, both positive and negative, is moving to the virtual arena that functions above and beyond state borders. Consequently we must develop the skill to adapt familiar legal institutions to this new reality.

The interdisciplinary New Technologies practice has functioned at our law firm for several years. The lawyers on the team share a passion for examining technical issues and their influence on the possibility of effectively protecting the rights of citizens and the civil society—and a belief that lawyers must raise their awareness of new technologies.

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