About the blog

This blog mainly created for My Cyber law’s assignment, to discuss cyber law cases which happen in Malaysia based on personal opinions, comments and critiques. Those contents, comments and materials posted are for assignment purposes only without profit research, and do not consist any intentionally and bad faith to hurt any parties who may involve, suffer or sensitive to the cases. For those author who is involve in the articles posted, if you found any copyright issue, infringement, please contact me and I shall remove them. Any comments reported as violation, owner of the blog has the right to remove them. Please ignore the date published as the date is just use for softing purposes.

Friday, March 25, 2011

Post 6: Computer Crime Talk

Search through most popular hacker and I got this link

Please refer to link: http://tekkieblog.com/hackers-of-all-time/

From this link, you may find most of them were very popular hacker in the past.


Kevin Mitnick:
In the past, he was the most-wanted computer criminal in US.
Now, he is a computer security consultant and author.


David L.Smith:
Is the man responsible for the release of the single most costly worm in the history of the internets to that point .
Now, he is working for FBI.


Mudge:
Was a member of the high profile hacker think tank the L0pht as well as the long-lived computer and culture hacking cooperative “The Cult of the Dead Cow”.
Now, he  is now a program manager at DARPA where he will help fund research to defeat cyber attacks.

What all above tell?

In my first thought, the answer came across my mind "looking for a good job, please be a professional and expect hacker". But after when through wiki search for detail on name stated above and other hackers, all hackers get their lesson learn by serving impriosonment or fine depend on type of offence. Example, Kevin Mitnick was served 5 years in prison.

Finally I change my mind and realize your expertise should utilize in good manner and you will be success in future, don’t waste your time in prison.

Wednesday, March 23, 2011

Post 7: Contract and OnlineContract


Contract 
Agreement occurs only when there are two or more parties agree in something. But not all agreements are legally enforceable for example verbal agreement between a couple

“I will buy a Gucci bag for you” you will never see a girl successfully sue her boyfriend if he didn’t make it, so how an agreement to be legally enforceable? That’s how contract occur.

Contract is legally enforceable agreement between two or more parties mutual obligations. Which party doesn’t obey or broke the contract can be charge in the court according to the Contracts Act 1950.

However, to form a contract there must have 7 elements:

1) Offer and Acceptance
>> One party make an offer make an arrangement that another accepts

2Consideration
>> A value propose by a promissor to a promisee in exchanging something value given by the promisee to the promissor. Simple, like buyer and seller.

3) Intention to create legal relations
>> Having “heart” to create a legal relationship in the agreement for future reference.
>> Note: But not in social (Government), domestic (Husband and wife, relative and friends)  and family agreement (father, mother, son and daughter)

4) Legal capacity
>> Above age of 21, sound mind (Not crazy)

5) Legality
>> Purpose of the contract must legal or not offence
>> Example: Agreement in selling drug is definitely void

6) Free consent
>> Is not force by another party, willingness and agree about the contract

7Certainty
>> Contents of the contract must be specify

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OnlineContract

Online contract consist
1)      Shrink-wrap agreements
2)      Click-wrap/Click on agreements

Shrink-wrap agreements
Is an agreement located inside the package or box of the goods. I call this agreement as an agreement inside the agreement. You can easily find this agreement when you purchase any genuine software in a CD form.

Any end user who bought the genuine software would usually need to agree in two agreements which the first agreement is the purchase agreement where you agree to purchase the software with the offered price. You may find the second agreement which normally call “end user license agreement” inside the CD cover or when you try to setup the software. If you read it carefully you may find the corporate actually still own the “software” which means you own the CD but not the software.

Click-wrap/Click on agreements

Is the agreement when you click something in the web. This can be seen during setup an software, there will be a message or term and condition show in the dialog box or pop-up window that you must click “I Agree”, or please check the “I agree” box to continue the setup, in this situation you are tight with the click on agreement.

When you purchase something through internet, you will experience there is a lot of steps that need you to click on “I Agree” or “Next” button to done at least a deal, basically you are in the click on agreement. So beware in what you click when browse thru the net as you can be legally binding.  

Sunday, March 20, 2011

Post 8: OnlineContract Talk



We know that a company product "software" can be protected under shrink wrap agreement or click on agreement to prevent end user from using the software or the contents for any bad faith like producing pirated software. To those who producing the pirated software has definitely fail to comply with any material term and condition of the agreement and also offended the Copyright Act 1987. Before 2006, the pirated software can be easily obtain in the market, but after government treat this as a serious offence, many pirated software "seller" has been warned and fined if found guilty, and many of the pirated CD has been confiscated during the operation.

But however, I'm doubt whether this legal action can stop end user from using the pirated software. I guess no, the legal action will only reduce the number of vendor from selling it or produce the software in a physical product (in CD form) but will never stop the end user using the not licensed software because end user still can get it thru net.

Believe or not, many pirated software or non genuine software can be easily found in any computer of most of the PC user.

"PUTRAJAYA: The Domestic Trade, Cooperative and Consumerism Ministry seized RM794,300 worth of pirated software from a private institution of higher learning in Kota Kemuning, Selangor."
Click to see the detail news

What does this tell?


In my opinions,  affordability to have a genuine software is the main issue.

According to salary survey, http://www.interec.net/salary/

Taking an engineer as a example, notice that the salary range in US is almost equivalent to the salary range in Malaysia without converting. However in US, you can get any PC or laptop with the price below than a thousand and you can get most of the software which is less than a hundred. But in Malaysia you will get those with the price of 3x higher than the price selling in US, here's come the problem.

Check US Price:  http://www.compusa.com/main/indexcu.asp?
Check M'sia Price: http://www.pcdepot.com.my/

For example, assuming $600 for a laptop and $70 for a software, so to get a complete system with 10 genuine software installed could be cost American $1300 but for Malaysia the price would be $1300 * 3.1= RM4030. What do you think?

So in general the lower the cost relative to monthly earning, the less the incident of piracy is most of the case I seen. Because most of the people would wish to have a genuine software if the price is affordable.

Price does matter...!! Or cause I will still encourage my friends and myself to use genuine software.. Haha :)