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dossiers
LC0818 CRS:
CRS Overview AY0910
CRS Unit 1 - 4

SP0821 ONOW:
ONOW CA 1 - 2
ONOW Unit 1 - 3

ST6101 IDTN:
IDTN Unit 1 - 7
IDTN CA01
IDTN CA02

ST610Y DRAW:
DRAW Unit 1 - 4
DRAW Unit 6 - 8
DRAW CA01
DRAW CA03
DRAW CA04

ST611Y GDP:
GDP Unit 1 - 3
GDP Unit 7 - 27
Typo Activity
GDP CA01
GDP CA02
GDP CA03

ST612Y 3DF:
3DF Nokia 2100
3DF CA01
3DF CA02 Part A
3DF CA02 Part B

ST6103 PDP:
Photoshop Unit 1 - 8
PDP CA01 & CA02
PDP CA03

ST6203 VAF:
VAF Unit 1 - 8
VAF CA01
VAF CA02

ST6102 TANI:
TANI CA01
TANI CA02

Softwares:
Autodesk Maya 2011 SP1
Autodesk Mudbox 2011 SP1
ZBrush 4
MonkeyJam 3.0b
Adobe CS5 Production Premium

cravings
Michelle
Play Piano/Saxophone
Contact Lens Daily
Making My $15K
SIGGRAPH Conference
Mini Cooper S Cabrio
Diablo 3 PC Game
Wacom Bamboo Fun 6x9 (Mango)
iPhone 3GS
DSLR Nikon D7000 Kit
VGA With Audio Output
Slip-On Shoes
Studio Ghibli Musuem
Lumberjack Shirt With Hood
Cert. Of Merit
Supersampler Lomo Cam

superstar
Adriano
Agnes
Benjamin
Khim Ng
Shawn
Zheng Ning
Zijie

Andrea Fonseka
Ann Kok
Cruz Teng
Daren Tan
Derrick Hoh
Diya Chen
Bryan Wong
Bai Weixiu
Dasmond Koh
Daphne Khoo
Dawn Yang
Eelyn
Felicia Chin
Henry Leonson
Hong Yi Xin
Huang Jinglun
Jack Neo
Jamie Teo
Kang Chengxi
Kelvin Soon
Lim Peifen Christina
Meixin
Nat Ho
Pornsak
Patricia Mok
Quan Yifeng
Qi Yiwu
Rebecca Lim
Sharon Au
Shaun Chen
Shey Lara
Siau Jia Hui
Sugianto
Stefanie Sun
Tay Ke Wei
Tay Ping Hui
Zheng Lifen
Lin Junjie
Lin Junjie's Events

BY2
Cyndi Wang
Edison Chen
Genie Zuo
Gigi Leong
Jeff Zhang Xin Zhe
Rainie Yang
Rosalyn Lee
Vanness Wu
Yang Gong Ru

Lao Zhabor
Kenny Sia
Steven Lim
Xiaxue

ST0276 Media Law Guide
Tuesday 19 February 2013
Guides
- Always remember the full exact name of the Act and Section. At least 3 questions will have questions asking about definitions. If you cant remember, try to recall funny things you did. They like to give tricky questions asking about what it stands for, and usually giving look-a-like answers.
- Section A consists of 10 MCQs (2 marks each). Section B consists of 3 structured questions, focusing on Copyright Principles, Defamation Suit, Contract Law. Section C consists of 2 case study, focusing on Computer Misuse Act.
- Be clear of who is the plaintiff and the defendant
- Know how to read case citations.
E.g.PP v Lim Zhao Ming Edwin (2002) (MAC 339/99/02 ss3, 5); means Magistrate Arrest Case, Volume 339, Page 99, Year of Decision 2002, Section 3 and Section 5)

Introductory to Law and Ethnics
Statues are law passed by Parliament, Case Law are decisions made by judges in cases.
Statues are more important source of law, Case Law are new law made on case to case basis.
Statues are faster way of updating the law to cope with rapid changes, Case Law may be reversed by Parliament.

Egoism is based on positive benefits to the person taking the action.
Utilitarianism is based on the positive benefits to the entire universe.
E.g. Laleh and Ladan case (Wed, 9 Jul 2003). Both are not suffering for life-threatening condition, though it changed the way they had to cope with lives for 29 years. Yet the doctor were guided by the twins' wishes.

Introductory to Singapore Legal System
Common Law inherited from English Law, is unwritten law and legal customs, created by judgements handed down by courts.

Criminal Law is a collection of rules that is of wrong doings against the State. State will prosecute the individual. Attorney General in his capacity as Public Prosecutor (PP) v Accused. The intention to commit a crime and actions were taken will be considered a criminal law.

Civil Law is a collection of rules, that governs the relationship among individuals. It is to give compensation to an individual who has been injured by another.
The person making the claim is the Plaintiff.
The person being served or against the claim made is the Defendant.

*Note: It is possible that a wrong can be both a civil wrong, as well as a crime capable of prosecution by State.
E.g. Mr Hai ambushed Mr Siow and punched him till he was unrecognisable. Mr Hai have committed a crime (causing hurt to Mr Siow), and civil wrong for causing personal injury to Mr Siow resulting from incurring medical expenses.

Depending on the nature and amount of the claim a suit is filed in the appropriate Court.

If the Defendant wishes to settle the claim and not dispute it, he can contact the Plaintiff or the Plaintiff's lawyer for an out-of-court settlement. If not, the Court will set a data to hear both sides and evaluate all evidence and proof. There can still be an out-of-court settlement at this point. Once a ruling is made it is enforceable. If the parties refuse to comply, the Court can issue a writ of seizure and sale to recover the assets and sell them to recover his compensation.

Hierarchy of Singapore Courts
Magistrate Court < District Court < High Court < Court of Appeal

The term "jurisdiction" (the power to hear cases) is dependent on the damages of each case.
For Civil Cases
Subordinate Courts: Magistrate Court - (≤ $60,000)
Subordinate Courts: District Court - (> $60,000 but ≤ $250,000)
Supreme Courts:      High Court - (> $250,000)
Supreme Courts:      Court of Appeal

For Criminal Cases - begins from Magistrate Court regardless of offences
*Note: It is only possible to retrial the case at the superseding court, should the decision stand be of disagreement. E.g. The retrial of case at District Court will be at High Court, if the decision stand is disagreed.

Computer Misuse Act (CMA) Chapter 50A
List of Offences
S03 Unauthorised Access to Computer Material
S04 Access with Intent to Commit an Offence
S05 Unauthorised Modification of Computer Material
S06 Unauthorised Use or Interception of Computer Service
S07 Unauthorised Obstruction of Use of Computer
S08 Unauthorised Disclosure of Access Code
S09 Protected Computers (only applicable to S3, S5, S6, S7)
S10 Abetment

Q: Define the Section 3 of Computer Misuse Act and its offences.
A: Section 3 of Computer Misuse Act (Cap 50A), Unauthorised Access to Computer Material. Any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer shall be guilty of an offence.

First offence of not exceeding $5,000 or imprisonment not exceeding 2 years or both. Second offence not exceeding $10,000, or imprisonment not exceeding 3 years or both.

PP v Lim Siong Khee (2001) (SGDC 32, 2 SLR 342).

If there's damages done, the fine shall not be exceeding $50,000 or imprisonment not exceeding 7 years, or both. The damages will supersede the offences made, regardless of first or second attempt.

E.g. Mr Hai logins into an account, not belonging to his, without the owner's permission.

Q: Define the Section 4 of Computer Misuse Act and its offences.
A: Section 4 of Computer Misuse Act (Cap 50A), Access with Intent to Commit or Facilitate Commission of Offence. Any person who causes a computer to perform any function for the purpose of securing access to any program or data held in any computer with intent to commit an offence. Offences involving property, fraud, dishonesty or bodily harm.

Offence of not exceeding $50,000 or imprisonment not exceeding 10 years or both. There is a minimum imprisonment of not less than 2 years.

PP v Ooi May Ling Irene Maria (1998) (DAC 36399/98).

E.g. Mr Hai logins into an account, without permission, and access the owner's personal data.

Q: Define the Section 5 of Computer Misuse Act and its offences.
A: Section 5 of Computer Misuse Act (Cap 50A), Unauthorised Modification of Computer Material. Any person who does any act which he knows will cause an unauthorised modification of the contents of any computer shall be guilty of an offence.

First offence of not exceeding $10,000 or imprisonment not exceeding 3 years or both. Second offence not exceeding $20,000, or imprisonment not exceeding 5 years or both.

PP v Lim Zhao Ming Edwin (2002) (MAC 339/99/02 ss3, 5).

E,g, Mr Hai logins into an account, without permission. He edits the data in the database, clearing all the debts he had.

Q: Define the Section 6 of Computer Misuse Act and its offences.
A: Section 6 of Computer Misuse Act (Cap 50A), Unauthorised Use or Interception of Computer Service. Any person who knowingly - (a) secures access without authority to any computer for purpose of obtaining, directly or indirectly, any computer service. (b) intercepts or causes to be intercepted without authority, directly or indirectly, any function of a computer by means of an electromagnetic, acoustic, mechanical or other device. (c) uses or causes to be used, directly or indirectly, the computer or any other device for the purpose of committing an offence under paragraph (a) or (b), shall be guilty.

First offence of not exceeding $10,000 or imprisonment not exceeding 3 years or both. Second offence not exceeding $20,000, or imprisonment not exceeding 5 years or both

 PP v Ong Poh Teng (2001), PP v Chang Yiak Hua (2001) (MAC 157/97/01 s6(1)(b)), PP v Ang Hock Kheng (2001) (MAC 65/97/01 ss6(1)(c), s10).

E,g, Mr Hai went on his betting. He obtained horse betting tips and information by intercepting radio signals from a paging network computer to his clone pagers. Guilty under s6 (1)(b) and (c) of CMA.

Q: Define the Section 7 of Computer Misuse Act and its offences.
A: Section 7 of Computer Misuse Act (Cap 50A), Unauthorised Obstruction of Use of Computer. Any person who knowingly and without authority or lawful excuse. (a) interferes or obstructs with. (b) impedes or impairs the effectiveness.

First offence of not exceeding $10,000 or imprisonment not exceeding 3 years or both. Second offence not exceeding $20,000, or imprisonment not exceeding 5 years or both

PP v Tan Cheng Kang (2000) (DAC 8409-8411/2000 ss7(1)(a)).

If there's damages done, the fine shall not be exceeding $50,000 or imprisonment not exceeding 7 years, or both. The damages will supersede the offences made, regardless of first or second attempt.

E.g. Mr Hai is angry that his application for housing is not responding to his request. He then subsequently resubmitted the application for 100 times, that overloads the server. It jammed and overloads the server.

Q: Define the Section 8 of Computer Misuse Act and its offences.
A: Section 8 of Computer Misuse Act (Cap 50A), Unauthorised Disclosure of Access Code. Any person who knowingly and without authority, discloses any password, access code or any other means of gaining access to any program or data held in any computer shall be guilty if - (a) for any wrongful gain, (b) for any unlawful purpose, or (c) knowing that it is likely to cause wrongful loss to any person.

First offence of not exceeding $10,000 or imprisonment not exceeding 3 years or both. Second offence not exceeding $20,000, or imprisonment not exceeding 5 years or both.

E.g. Mr Hai is fired from company. He knows about the access code to his company, he then sells the access code to other customers for extra cash.

Q: Define the Section 9 of Computer Misuse Act and its offences.
A: Section 9 of Computer Misuse Act (Cap 50A), Enhanced Punishment for Offences Involving Protected Computers. Any person who caused an unauthorised act to security defences or international relations of Singapore.

Fine not exceeding $100,000 or imprisonment not exceeding 20 years or both.

*Note: Section 9 only applies to the commission of an offence under Section 3, 5, 6 or 7.

Q: Define the Section 10 of Computer Misuse Act and its offences.
A: Section 10 of Computer Misuse Act (Cap 50A), Abetments and Attempts Punishable as Offences. Any person who caused an unauthorised act to security defences or international relations of Singapore.

PP v Lim Boon Hong (2001) (MAC 26/2000/01 ss4 read with s10).


*Note: From the table you can notice that from Section 5 onward all the punishments will be up to 10,000 in fine, or imprisonment not exceeding 3 years, or both.

Good Mitigating factors: first offence submission, community service, plea of guilt at earliest.
Poor Mitigating factors: ignorance of law, sole-bread winner theory, intoxication.

The advent of the internet has created numerous possibilities for cybercrime, an example of which is cyberstalking. In the case of Lim Siong Khee v Public Prosecutor [2001] 2 SLR 342, the accused gained access to the victim's e-mail account after correctly guessing her password. He then circulated dishonourable e-mails about the victim to her friends and colleagues, as well as stalked her with the use of information that he had retrieved from reading her e-mails. The accused began also to harass a friend of the victim after discovering that she had encouraged the victim to file a police report against him. He was convicted under s 3(1) of the Computer Misuse Act (Cap 50A) and sentenced to five months' imprisonment.
This was the first case of a conviction on the basis of unauthorised access to an
e-mail account.
Section 3(1) states:
Any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or both.
This Act accords some protection from electronic harassment, however, it is under the guise of gaining access to a person's e-mail account without their permission. Again there is no specific reference to the act of 'stalking'.

Trademark Law, Passing Off and Domain Names
The Law of Passing Off, Plaintiff must establish goodwill in the business. Defendant misrepresent to the public leading the public to believe that its goods are those of the plaintiff. Plaintiff must show that he suffered or likely to suffer damages

Goodwill is the benefit and advantage of the good name, reputation, and connection of a business. It is the attractive force which brings in the sales and the power to attract customers to business. These are determined by the Advertisement, Good Service, and Pricing Policy.

Misrepresentation by the defendant, must cause confusion to the public.
E.g. Ritz Carlton Millenia Hotel, and Millennium Hotel.

Damages must be valid. If there was no confusion to public, there will be NO damage. Surveys are needed to prove for damages, either market surveying companies or Asia Market Intelligence Pte Ltd.

Trade Marks Act (Cap 332)
Section 2(1) of Trade Marks Act, defines any sign that
- includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour.
- able to be represented graphically.
- able to distinguish goods or services by person A from person B.

To register a TM,
- must be a sign, capable of distinguishing goods/services of trader
- must not be devoid of any distinctive character.
- must not be descriptive of the quality (e.g. super, salty, best)
- must not be a generic word (e.g. salt)

Trademark rights last for a period of 5 years (renewal possible). Trademark are classified under a specific table of classification of goods. (e.g. Class 32 - beers; non-alcoholic drinks, aerated water, Class 33 - alcoholic drinks except beers)

Contract Law
Contracts can be oral or in writing or both. Offer, Acceptance, Consideration, Intention to create legal relations must be present for a contract.

Offer
An offer is an expression made by one party "offeror" to another party "offeree" communicating the willingness to perform a promise. Offers can be made in writing, orally, or by conduct. It must be distinguished with an 'invitation to treat'.

Invitation to Treat
An invitation to treat is not an offer. Invitation to treat is invitation to commence negotiations. E.g. Advertisements, catalogues and price-lists.

Mr Chua operated a self-service shop. A customer would choose the articles he wished to buy, placed them in a basket and bring them to the cashier.
In Court, Invitation to treat - display of goods with prices. Offer - when the customer picks up the goods. Acceptance - When cashier rings the cash register.

However it is also possible to terminate an offer by, Revocation, Withdrawal, Counter-offer, Lapse of time.

Acceptance
A communication to the offeror that he accepts the offers unconditionally. It can be done in writing, orally or by conduct. Acceptance must conform to the prescribed method.

*Note: General rule: Acceptance is complete when it is received, not when it is sent.

However there are 3 exceptions to the general rule,
- Parties agree to waive communication
- Parties agree that "silence means consent"
- Parties agree that postal rule applies.

*Note: Postal rule applies to Electronic Transaction Act (Cap 88), including emails. Postal rules states 'acceptance is at the point when letter is sent'. Online transaction is when the time and place of dispatch and receipt occurs.

Consideration
Consideration is the price or compensation for the promise given by one party to the other. There is a distinction between "adequate" and "sufficient" to convey two basic principles. Law will not query the adequacy of the consideration of the bargain. All consideration must be of value.

Intention to Create Legal Relations
Social and domestic arrangements lack the necessary intention to form a contract, though three other factors are present. E.g. A lady promises man to have dinner with him. The lady later cancels it. The man can't sue the lady. Law views it as lacking intention to create legal relations.

Therefore "be bound" must be present that both parties intend to promise the legal consequences. Parties will usually prepare "terms and conditions" in the contract.

How to discharge a contract
- Performance (buy computer, computer is delivered)
- Agreement (buy computer and terminate within 3 days, third day the contract ends)
- Breach (buy computer to be delivered on Monday, but delivered on Wednesday)
- Frustration (buy computer, but the delivery truck was swept away by typhoon)

Benefits of a written contract
- Enforceable in a Court of Law
- Written record of the intention of parties
- Avoid disputes and misunderstanding
- Facilitate dispute resolution

Copyright Law
It is a legally enforceable intellectual property right. The person who owns the copyright has the right to stop others from copying his work. Copyright Act (Cap 63) covers literacy work, dramatic work, musical work, artistic work. Different copyright can co-exist in one particular product. (E.g. lyrics of the song (literary), music (musical), design of music album (artistic)). The copyright material must be original and be written, as a form of expression. Ideas cannot be copyrighted. Once it is written in material form, copyright exists. There's no need to mark (c) to indicate the work.

The copyright holder can
- reproduce
- publish the work
- perform the work to public
- broadcast the work, including cable programme
- right to communicate with public, including Internet

It will last for an expiration of 70 years after the author of the work died.

Copyright infringment
E.g. Virtual Map P/L v Suncool Int P/L (2005) SGHC 19, 2 SLR 157.

Civil remedies for Primary/Contributory Infringement
- Injunction
- Damages
- Delivery up of infringing copies
- Disposal of infringing copies

Primary Infringment offences
(a) a person does any act that constitutes an infringement of the copyright in a work
(b) infringement of the copyright work by the person is wilful
(c) either or both applies; the extent of the infringement is significant. the person does the act for commercial advantage.

First offence of fine not exceeding $20,000 or imprisonment of not more than 6 months or both. Second offence of fine not exceeding $50,000 or imprisonment of not more than 3 years or both.

Secondary Infringement offences
Fine not exceeding $10,000 per article or $100,000 in aggregrate (whichever is lower) or imprisonment of not more than 3-5 years or both.

Defamation Law
Defamation is an act of making statements about another person that has the effect of damaging that person's reputation. Under Defamation Act (cap 75), defines the scope of defamation, types of defamation, defences in defamation.

Defamation can be through speech via media (slander), or written words in publication (libel), including email and Internet.

*Note: Bloggers must remember that the same rules of defamation also applies, be it print or media.

3 Elements of Defamation
- Statement or words must be defamatory
- Statement or words identify or refer to the plaintiff
- Statement or words must be publication (person were exposed on statement)

Indirect Defamation
Defamation by the way of an innuendo, can also be implied.
(e.g. The receptionist likes to eat snake; implies that the teacher is lazy).

Defendant requires several defences in order to win the case,
- Justification or speaking the truth (honestly believes that the source is true)
- Fair comment (freedom of speech)
- Innocent publication and dissemination
- Privilege

Court will consider the remedies and damages by,
- Actual and expected financial loss
- Social standing of affected party
- Scope of publication
- Manner and timing of publication
Mitigating factors
- Apology (acknowledgement that statement is false, regretting with full liability)
Merci tout le monde...
Posted by Purity And Simplicity at 12:47

l'essentiel
Nom: Qihuii de Hanabi (はなび)
Âge: 23 years old
A definitive Sagittarius born December 16, 1990. A solo traveller. Loves pets, coffee, sensual music, and technology. When he's not at his job as an student, he's likely to be out dining, or visiting an interesting art gallery or event.

note de prise!
If you want to view the French words with the little slash on the top, please change your encoding to Unicode.

amours
Michelle is love. Hugs are unforgettable. Walks are traces. Memories are unfadable. The gap between each fingers are promises that I have held for you. What had left for me are roots that grow inside my heart. Awaiting for the seed to blossom and grows into dedicated petals, just like you.

liens rapides
Michelle
Miyake | My Fat Pocket
Miyake 及び彼女の物語
Belle de Jour
Leadership Lessons From Triathlons

dossiers
IT4006PA CMO:
CMOA Study Guide Highlights
CMOA Study Guide Answers
CPM Exercises
CPM Exercises Answers

IT4005PR MME:
MME Revision (Office 2003)
MME Revision (Office 2007)
MME Test 1 Answers
MME Test 2 Answers

IT4008PA NWT:
NWT Final Revision
CLI Commands
CCNA Quick Reference Sheet
CCNA Cram Sheet

IT5004PA MVB:
VB.NET Basics Reference Sheet
VB.NET Assignment 1
VB.NET Assignment 2
VB.NET Assignment 3
VB.NET Project 1
VB.NET Project 2
VB.NET Assignment 1-3 Solution
VB.NET Project 1-2 Solution

IT5204PA CA:
3DS Week 1 (Zipped)
3DS Week 2 (Zipped)
3DS Week 3 (Zipped)
3DS Week 4 (Zipped)
3DS Week 5 (Zipped)
3DS Week 6 (Zipped)
3DS Week 7 (Zipped)

IT5203PA MAD:
MAD Assignment 1
MAD Assignment 2

EB59010 ENT:
Business Plan Proposal

IT4007PR WAD:
PA1: HTML Job
PA2: Javascript Salary
PA3: Normalisation ERD
PA4: SQL Tables
PA5: ASP.NET
WAD Project 1-2
Javascript Exercises
WAD Study Guide

IT5103PR SAD:
Java Exercises (Zipped)
SAD Study Guide

Softwares:
Visual Basic 2008 Express
Visual Basic 2005 Express
IP Subnet Calculator 3.21
Packet Tracer 5.0 w/o Tutorial
Packet Tracer 5.0 w Tutorial
Wireshark 1.2.4

3D Studio Max 2010
Blender 2.49b
Cult 3D Designer 3.5
Adobe Flash Professional CS5
Adobe Premiere Pro CS5
Adobe Photoshop CS5 Extended

Adobe Dreamweaver CS5
Java ME SDK 3.0

événement
E06/10: A Language of Longing










E12/12: SIGGRAPH Asia 2011





les gens
Albert
Agnes
Amelia Lee
Anson Cheng
Atiqah
Azlan
Beanice
Benjamin Yan
Bing Xue
Caiyii
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Chiew Beng
Damien Goh
Daniel Yao
Derek Chew
Dingli
Edric Lee
Elaine
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FuQii
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Keat Siong's Tarot
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Liangshan Story
Mahmudah
Mandy
Meiyi
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Peifong
Peishan
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Pitstop Games
Rina Tan
Saint
Sandra
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Wanying
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Yifa
Yunhui Fu'er
Yue Kai
Zhenlin Janice
Zhen Ying

Ahmad Al-Mahir
Alvin Tang
Ben Ong
Gremar Sempio
Melvin Tan
Thomas Chee
Ms Xu

mémoires
ST0276 Media Law Guide

crédits
© Alexander Karpenko 2005
aikart@pisem.net or AiK-art

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image font: adine kirnberg script

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