LML4810 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)
Electronic commerce and other forms of digital activity have had a major impact on the infringement of various types of “rights” and consequently extends to many forms of unlawf...
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LML4810
Legal Aspects of Electronic Commerce
ASSIGNMENT 2 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:- 239273
Due Date :- 26 April 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
Electronic commerce and other forms of digital activity have had a major impact on the infringement of various
types of “rights” and consequently extends to many forms of unlawful activities. These forms of unlawful action
include, but are not limited to, the infringement of intellectual property rights, defamation, product liability and
unlawful (unfair) competition.
In this context the role of Internet Service Providers (ISPs) is critical. The role of ISPs regarding the question of
liability for certain infringing actions has consequently been regulated in the ECTA.
Provide advice and clarification to a new ISP entrant to the South African ISP market which approaches you for
legal assistance regarding the current ISP regime in South Africa by answering the following questions:
2.1 Identify and discuss the provisions under the ECTA that gives rise to the ISP regime in South Africa. (10)
2.2 Explain to the new ISP the limitation of liability of ISPs as outlined in the ECTA and as applied in the South
African context. (20)
[TOTAL: 30 MARKS]
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