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Will You Add? - Liability of ISPS for Content Hosted by Them
Let's look at what makes a retailer profits.It's just a few main things... 1. Number of stock turns in a year 2. Gross Margin or pricing strategy 3. How many staff you have working relative to turnover 4. Rent proportional to turnover or revenue 5. Conversion rate of walk in traffic to purchasesLet's investigate all 5.Stock turns per year, from years of working with retailers, is something a lot of the shop keepers don't know. Work it out if you don't know by looking at how many times the cost price of your stock divides into your turnover in 12 months.e.g. If your stock was valued at $50,000 and you turned over $150,000 your number of stock turns would be 3. If your gross margin was 50% you would make $150,000 gross profit as well.Stock turns gives you profit, so therefore the more stock turns you do the greater the profit, this is important for you to remember.In retail you want as many stock turns as possible. But what affects stock turns is what we need to look at.Stock turns is affected by price and conversion rate (or selling skills). If your prices are much higher than your competitors this may (but not necessarily) affect your sales and hence stock turns.Conversion rates play a massive role in making profit. If you get 20 people a day walk into your shop but only 2 buy you won't be making much profit. How you approach customers is extremely critical as you can lose any chance of a sale by uttering just 4 words.I hope you don't take offence, but I am going to tell you the worst 4 words you can say...Can I help you?Every person has hear this a 1000 times so their reflex reply is virtually always ... no thanks, just looking!Sale lost!So I suggest you say to people - Hi, have you been into our store before - or something similar. If you have a lot of repeat business with people coming back very regularly I would recommend you say - Hi there, how long since you've been into our store?Either question has to elicit a yes or no answer. Either one is great as you can follow it up with - Really. Let me show you around
ii. Actus Rea: Along with a guilty mind the presence of actual act is also necessary. This act can be an act of abetment or helping and aiding a crime or can be actual commission of the crime.
Unlike a criminal act, a tort does not require the presence of guilty mind and it may be a tort may sufficiently be proved if the commission of an act falling under the definition of a tort (or a civil wrong) has been proved.
Of course, there always exist the exception to both criminal and civil wrongs and one has the defenses warranted by law. Like an act done in self-
Greetings to all;I'm asked this question more than any other questions. And I've answered it more than any other questions. There are a few family members that are concerned about my life. A reporter I know is always telling me to be safe.Yes, I have received threats. But I think I know when to notify the police or FBI. So far, no problem. Most of the threats are through the ' grapevine'. They are the type of threats that an individual says he's hearing from someone else. In criminal law we call this heresay!I'm not worried. The reason is because I KNOW I'm doing the right thing, and hence, I'm okay.I was asked this question by a host of a television show a couple of weeks ago, while on the air.My reply, " If I take a bullet for doing the right thing, that's the best way to die".Really, I'm not afraid to die!What I'm doing now is bigger than me. It's a crusade. There are people like Authors Stephen Peach and Mike Madigan who have risked their personal lives for years. When I speak with them, I detect no worry, extreme caution, or fright in their voice. These men are dedicated to exposing all. By the way, read Stephen's book called 'good bad corrupt' and Mike's book calleed 'Twisted Badge". You'll be amazed.I've been told by other authors that in their experiences, your worse enemies could come from a few family members and friends when you release a controversial book or attempt to tell the truth. My grandmother, the lady of my life, told me personally many times to "do the right thing ". Well. I'm going to heed her advice. She went without many things in life to get me and my siblings to do right, and not wrong.But in closing I will say this, I was a police officer long enough to not only know police tactics and procedures, but ANYONES tactics and procedures. I observed everything while driving, walking, or shopping. I never leave anyplace the same way and never return anyplace the same way. I'm just as alert today as when I patrolled the streets and dangerous places in New Orleans.I think I have just as good of chance to live a long life as most comm
There are no boundaries and anything which is published on internet becomes worldly public the next moment. This ease of worldwide publication has invoked new threats to the society as well. It has disturbed the whole system of copyrights, civil liberties, protection against ethnic and religious exploitation, law of defamation, child pornography and cyber-terrorism. In such a situation it may not be easy to let ISPs go without any liability for the material hosted on them. However, at the same time it may also not be an easy task for the ISPs (even if they want to do so) to keep a check on all the materials hosted with them. The situation becomes even more trivial when it comes to territoriality of law. The situation is yet be addressed by the legislator in Pakistan. This article is an attempt to highlight the issues concerning the liability of ISPs consequent to the material hosted by them and remedies adopted by the Europe and America.
What is an ISP: In general Internet Service Providers (ISP) perform various functions and offer a variety of services like access to internet, hosting of information on internet, network services etc. EU Directive 2000/31/EC has defined service providers as any natural or legal person providing information society services. The term “information society services” is further elaborated in Article 1(2) of the Directive 98/34/EC as any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services. However, for the purposes of this article only the aspect regarding hosting of information on the internet will be discussed.
Nature of Liability of ISPs:
It is important to understand that ISPs are usually not a direct beneficiary of the crimes/civil wrongs committed by their subscribers. They are usually remunerated for their services regardless of the content published over the internet.
There can be two instances of liabilities for the material hosted on internet:
i. Criminal Liability:
Criminal liability of ISPs may arise out of the crimes committed over the internet. These may include child pornography, cyber-terrorism, infringement of copyrights etc.
ii. Civil Liability:
Civil liability refers to instances where ISPs may be sued by private persons or organizations for infringements of their civil rights. Instances of civil liability may include an action for defamation, copyright infringement etc.
Both criminal and civil liabilities have their own requisites, which sometimes also vary in a great deal for specific wrongs.
In order to constitute criminal liability two elements are very necessary to be there:
i. “Mens Rea” : Mens rea refers to a guilty mind. In order to constitute a person liable for a criminal wrong it is important to establish that the act was done with an intent to do it in a harmful way. However, the requirements to establish “mens rea” vary according to the definition of wrong. It purely depends on the ingredients of a specific crime that what may constitute mens rea. It ranges from an act done recklessly to the clear dishonest intentions.
ii. Actus Rea: Along with a guilty mind the presence of actual act is also necessary. This act can be an act of abetment or helping and aiding a crime or can be actual commission of the crime.
Unlike a criminal act, a tort does not require the presence of guilty mind and it may be a tort may sufficiently be proved if the commission of an act falling under the definition of a tort (or a civil wrong) has been proved.
Of course, there always exist the exception to both criminal and civil wrongs and one has the defenses warranted by law. Like an act done in self-
Insurance is often the safe and most risk free approach to investment. Most people think they are sufficiently insured when they are not. Hardworking people spend a lifetime earning what they have. Our personal wealth is a coupling of family and our income early potential. Individuals which find themselves at the head of a household know the stress and pressure of having other depend upon them for their well being and income. Death often occurs unexpectedly and without notice. Especially true when accidents and sudden diseases are the source of death. It is important to make sure that you have enough insurance to cover your family's expenses in the event that you are no longer able too. Have you thought about how your family will survive not just emotionally but financially without you?Insurance can help preserve your families lifestyle and should be incorporated into any comprehensive financial investment plan. Most people avoid the issue of life insurance, thinking about one's own death is never pleasant but having the peace of mind to know that your family is taken care of is well worth the effort. Life insurance is a low risk way to invest money overtime. Most people decide upon term life insurance because they do not realize there are other investment based life insurance policies available. Term life insurance only pays out one lump sum after your die. Financial experts believe that an individual should have a life insurance policy which is at least 10 times their annual income. If you are interested in purchasing insurance there are several online life insurance calculators which offer a fairly accurate life insurance analysis. The cost of insurance is based on the level of risk taken by the company which is giving the insurance. Factors which effect price are age, health, participation in hazardous leisure activities, or addictions. Life insurance can be taken out on just about anyone including the main provider of the family's income, the homemaker, the stay at home parent, anyone with dependents, anyone who has significant debts or assets.Speak with your financial advisor about including
What is an ISP: In general Internet Service Providers (ISP) perform various functions and offer a variety of services like access to internet, hosting of information on internet, network services etc. EU Directive 2000/31/EC has defined service providers as any natural or legal person providing information society services. The term “information society services” is further elaborated in Article 1(2) of the Directive 98/34/EC as any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services. However, for the purposes of this article only the aspect regarding hosting of information on the internet will be discussed.
Nature of Liability of ISPs:
It is important to understand that ISPs are usually not a direct beneficiary of the crimes/civil wrongs committed by their subscribers. They are usually remunerated for their services regardless of the content published over the internet.
There can be two instances of liabilities for the material hosted on internet:
i. Criminal Liability:
Criminal liability of ISPs may arise out of the crimes committed over the internet. These may include child pornography, cyber-terrorism, infringement of copyrights etc.
ii. Civil Liability:
Civil liability refers to instances where ISPs may be sued by private persons or organizations for infringements of their civil rights. Instances of civil liability may include an action for defamation, copyright infringement etc.
Both criminal and civil liabilities have their own requisites, which sometimes also vary in a great deal for specific wrongs.
In order to constitute criminal liability two elements are very necessary to be there:
i. “Mens Rea” : Mens rea refers to a guilty mind. In order to constitute a person liable for a criminal wrong it is important to establish that the act was done with an intent to do it in a harmful way. However, the requirements to establish “mens rea” vary according to the definition of wrong. It purely depends on the ingredients of a specific crime that what may constitute mens rea. It ranges from an act done recklessly to the clear dishonest intentions.
ii. Actus Rea: Along with a guilty mind the presence of actual act is also necessary. This act can be an act of abetment or helping and aiding a crime or can be actual commission of the crime.
Unlike a criminal act, a tort does not require the presence of guilty mind and it may be a tort may sufficiently be proved if the commission of an act falling under the definition of a tort (or a civil wrong) has been proved.
Of course, there always exist the exception to both criminal and civil wrongs and one has the defenses warranted by law. Like an act done in self-
Mistake Number Six: "Building a Live AdWords Campaign Before Really Knowing How To Do So."Google AdWords is definitely one of those situations you'll encounter where a little bit of knowledge can be dangerous. It is very easy to put together an AdWords campaign and set it in motion.It's a whole different thing to really know what you're doing.How to write that "perfect" headline.How to write the remainder of the ad.How to find the keywords that will bring the sales you covet.How to group these keywords into smaller targeted groups, each of which will become a different Ad Group in your campaign.How to write different ads for each Ad Group; ads that will be relevant to those particular keywords your potential customer is searching on.These are just a few of the many items that you need to know how to accomplish before you actually "go live" and start risking your hard earned capital. And the way to learn these techniques and more is to grab a really good AdWords eBook and learn it backwards, forwards and upside down. Go over it time and again until the techniques it's teaching you have become second nature to you.There are three items that I can point out immediately where the uninformed newbie is liable to make a mistake, just due to the nature of the AdWords system.1) If you have been in the Affiliate Marketing business for any length of time, you will probably have heard of Google AdSense. This is Google's business model that allows website owners to make a bit of cash (in some cases huge amounts of money) for displaying ads from AdWords marketers on their own sites.The theory being that a website based around home health remedies, for instance, would have visitors that might be interested in ads relating to that subject. The theory works well for some folks but as a newbie to AdWords marketing, I strongly suggest that you do not allow your ads to show on related websites until you are more experienced and know that your particular ad creates sales. The way to prevent this is simple.Login to your AdWords account and then click on the pa
Nature of Liability of ISPs:
It is important to understand that ISPs are usually not a direct beneficiary of the crimes/civil wrongs committed by their subscribers. They are usually remunerated for their services regardless of the content published over the internet.
There can be two instances of liabilities for the material hosted on internet:
i. Criminal Liability:
Criminal liability of ISPs may arise out of the crimes committed over the internet. These may include child pornography, cyber-terrorism, infringement of copyrights etc.
ii. Civil Liability:
Civil liability refers to instances where ISPs may be sued by private persons or organizations for infringements of their civil rights. Instances of civil liability may include an action for defamation, copyright infringement etc.
Both criminal and civil liabilities have their own requisites, which sometimes also vary in a great deal for specific wrongs.
In order to constitute criminal liability two elements are very necessary to be there:
i. “Mens Rea” : Mens rea refers to a guilty mind. In order to constitute a person liable for a criminal wrong it is important to establish that the act was done with an intent to do it in a harmful way. However, the requirements to establish “mens rea” vary according to the definition of wrong. It purely depends on the ingredients of a specific crime that what may constitute mens rea. It ranges from an act done recklessly to the clear dishonest intentions.
ii. Actus Rea: Along with a guilty mind the presence of actual act is also necessary. This act can be an act of abetment or helping and aiding a crime or can be actual commission of the crime.
Unlike a criminal act, a tort does not require the presence of guilty mind and it may be a tort may sufficiently be proved if the commission of an act falling under the definition of a tort (or a civil wrong) has been proved.
Of course, there always exist the exception to both criminal and civil wrongs and one has the defenses warranted by law. Like an act done in self-
Rankings in Google Take TimeIf you have recently published a Web site, you may be wondering why it is not showing up in Google’s index. You have submitted it to Google several times; you know that Google has done its deep sweep of the web since its publication; you even have multiple links to it from other reputable sites with high PageRanks in the Google index. So why in the world is it that your site is not making it into Google’s index? Well, you can stop banging your head against the wall. The culprit is a term used in the SEO community which is referred to as “aging delay”.What is “Aging Delay”?Aging delay is a very simple way of saying that Google will not index your site’s pages for a specified period of time after its launch. Quite literally, your site is being delayed from indexing until it has reached a certain age. Many new site owners expect a well-optimized site to start showing up in the search engine results pages (SERPs) within four to six weeks of publication. Many new SEOs have gotten themselves into trouble by advising clients that they will (or “should”) be in the Google index within this short time period. The reality is that it will take six to nine months for you to start seeing results in Google’s index as a result of aging delay.Why Does Google Use Aging Delay?The theory is that Google is using aging delay as a means of counteracting site owners that want to create a site and move directly to the top of the rankings for a specific group of keywords. With all of the link farms, ranking schemes, and other unethical means of procuring backlinks now in existence, aging delay is Google’s way of putting a new site in a sort of holding pattern before indexing its pages. Remember, Google – along with all other search engines – wants users to have the best information available to them. They do NOT want people to be able to manipulate their way to the top of the rankings in a short period of time by simply throwing a bunch of money at an SEO firm along with a list of keywords. This would
Criminal liability of ISPs may arise out of the crimes committed over the internet. These may include child pornography, cyber-terrorism, infringement of copyrights etc.
ii. Civil Liability:
Civil liability refers to instances where ISPs may be sued by private persons or organizations for infringements of their civil rights. Instances of civil liability may include an action for defamation, copyright infringement etc.
Both criminal and civil liabilities have their own requisites, which sometimes also vary in a great deal for specific wrongs.
In order to constitute criminal liability two elements are very necessary to be there:
i. “Mens Rea” : Mens rea refers to a guilty mind. In order to constitute a person liable for a criminal wrong it is important to establish that the act was done with an intent to do it in a harmful way. However, the requirements to establish “mens rea” vary according to the definition of wrong. It purely depends on the ingredients of a specific crime that what may constitute mens rea. It ranges from an act done recklessly to the clear dishonest intentions.
ii. Actus Rea: Along with a guilty mind the presence of actual act is also necessary. This act can be an act of abetment or helping and aiding a crime or can be actual commission of the crime.
Unlike a criminal act, a tort does not require the presence of guilty mind and it may be a tort may sufficiently be proved if the commission of an act falling under the definition of a tort (or a civil wrong) has been proved.
Of course, there always exist the exception to both criminal and civil wrongs and one has the defenses warranted by law. Like an act done in self-
A point of sale (POS) system can have a dramatic impact on the way you run your business -- and on your bottom line. Choosing the right one requires careful planning.Here are some of the things you need to think through to make a good decision when selecting POS equipment and systems for your business. Use this list as a starting point for your planning process.* First of all, price should not be the main consideration when buying a POS system. The improved efficiency, greater flexibility and better reporting should pay for the investment in a reasonable period of time.* Don’t start off by calling for lists of features of various POS systems. Instead, start with a comprehensive analysis of what your business requires.* Do you have operations spread over multiple locations? What are the implications?If you run a restaurant, for example, you may need to keep some parameters common across locations while varying others. For instance, your menu may be identical at all locations, but prices of some items may vary from one outlet to another. The system you choose must be capable of implementing such differences.* How easily can you make changes to the system? You can be sure that your business will keep changing in many respects -- employees join and leave, prices go up or down, your product range expands, locations get added or deleted and so on.Ask yourself if the programming interface will easily allow your employees to execute such changes.* Will it be possible to make changes ahead of time? For example, if you’re beginning a special promotion on November 15, can you input the price changes well in advance and set the system to automatically effect the changes on that date?This as well as other types of flexibility are essential for many retail operations.* To what extent will the POS system need to integrate with your accounting system? Does it have to be real time? Or is it enough to have an export of entries at day-end?* If you are running a bar, does the POS system need to work with liquor control devices? A liquor control device tracks pours from bo
ii. Actus Rea: Along with a guilty mind the presence of actual act is also necessary. This act can be an act of abetment or helping and aiding a crime or can be actual commission of the crime.
Unlike a criminal act, a tort does not require the presence of guilty mind and it may be a tort may sufficiently be proved if the commission of an act falling under the definition of a tort (or a civil wrong) has been proved.
Of course, there always exist the exception to both criminal and civil wrongs and one has the defenses warranted by law. Like an act done in self-defence or contributory negligence etc.
A detailed discussion of each wrong is necessary as to decide the question of imposition of liability on ISP in each respective case. However, this is not the aim of this article and the author shall endeavor to discuss the question of holding ISP liable from its jurisprudential point of view. During the discussion reference will also be made to the EU and American laws on the subject.
Requisite for Imposing a Liability on an ISP:
Responsibility follows liability and liability arises out of responsibility. In order to impose a liability, it is necessary to decide whether ISPs can be assigned the responsibility of checking the material hosting with them. Where means are not within reach of the subject, the responsibility automatically gets frustrated. Therefore, this responsibility is to be within the powers and limitations of ISPs.
The question implies a consideration of economical, technological as well as social aspects of the same.
Economical Aspects: Information over the internet is very dynamic and the owner of websites are at liberty to change the contents every moment and in most of the cases it also happens so. Secondly the size of the information hosted with the ISP is in terra bytes and it may scrutinize several months. Even if the ISPs higher enough human resource to keep a track of ever changing information over the internet (although it is next to impossible), the cost of the same is going to touch sky. The burden will automatically going to be shifted to the consumer and thus ultimately resulting in an obstruction to free flow of information.
Technological Aspects: ISPs are not yet equipped with requisite technology to avoid the violations over the internet. This requires high-tech language and image processing and surely the technology is so far not that advanced to cop with the problem by embedding technological measures in the servers of ISPs.
Social Aspects: By assigning a responsibility to ISPs to monitor the content hosted with them, we may empower ISPs with an unjustified power of censorship and ISPs may ultimately get into a position from where they can regulate the information over the internet according to their own wishes and whims. These ISPs may become judicial institutions while deciding which information is to be published and which is not. Secondly, the flow of information over the internet may become very slow and ultimately result internt as a static world and society thereby lose its interest in the same causing the whole web to fall down. It is important to note here that the internet is totally different from paper world where publishers can easily scrutinize the contents of publication. Internet is meant to be a dynamic world where information is updated every next moment. Without this ability internet will no more be of interest.
In view of the above discussion it is very clear that we cannot assign this responsibility to ISPs in this regard and we have to find different solutions while compromising with the situation.
What is the Basic Idea: One point to start the process of thinking can be with the question, what we really want. Is this the imposition of liability on ISP what we really want. Is this a goal or a mean to achieve some other more specific goal?
This question maybe differently answered by different stakeholders. From the perspective
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