Browsing by Author "Hofman, Julien"

Now showing 1 - 3 of 3
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    Open Access
    Are contracts concluded on the Internet valid and enforceable ? An analysis of the Law applicable to contracting on the Internet
    (1999) Archbold, Craig; Hofman, Julien
    The Internet allows contractual negotiations to take place electronically between parties in different national and international jurisdictions. A commercial transaction may be concluded and performed electronically without the parties ever having met or communicated with each other in a formal or informal manner. It is a unique technology that may resemble an instantaneous telex in certain instances, and therefore, may invoke prima facie comparisons to the legal principles relating to telephonic or telex communication. However, in other instances the medium resembles a conventional post box, an analogy that immediately invokes the expedition theory.
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    The Meaning of the Exclusions in Section 4 of the Electronic communications and Transactions Act 25 of 2002
    (Juta Law, 2007) Hofman, Julien
    The Electronic Communications and Transactions Act 25 of 2002 (the ECT Act) came into operation on 30 August 2002. Chapter 3 of the Act recognizes electronic documents, which the ECT Act calls data messages, as the equivalent of hard-copy documents. This applies for ordinary use (s 11) and in cases where the law requires writing (s 12). The ECT Act also makes such records admissible as evidence (s 15). Section 13 provides for advanced electronic signatures as the equivalent of a written signature where the law requires this. (At present it is not possible to use an advanced electronic signature because the Director-General has yet to accredit products and services to support advanced electronic signatures as required by s 37.)
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    Safeguarding a fair copyright balance - contemporary challenges in a changing world : lessons to be learnt from a developing country perspective
    (2009) Schonwetter, Tobias; Hofman, Julien
    This thesis looks at how to achieve a fair copyright balance from the perspective of developing countries. The thesis examines the international legal framework which developing countries such as South Africa have to respect. It analyses the flexibilities in this framework and, in particular, copyright exceptions and limitations. These flexibilities are important because they allow domestic lawmakers to develop countryspecific domestic copyright legislation. The thesis then goes on to discuss why getting the right balance between protecting copyright and giving adequate access to knowledge material is of particular concern for developing countries. As part of this discussion, the thesis looks at the impact of digital technologies on copyright law in general and for the copyright balance in particular.