[popper]

it would seem your key entrys and clickstream data are clearly 'being a thing in action' and 'which is transmissible by assignment or by operation of law as personal or moveable property' wouldnt you say!

and the ISP's and profilers want to be assigned title to your property! for their commercial profit, wouldnt you say,Hmmm.

http://www.lawdit.co.uk/reading_room...-Copyright.htm
Do I Own The Copyright

3 January 2008
By Ben Evans
In many circumstances it will be important to know who is the owner of the copyright.

This involves asking the question who is the first owner of the legal title to the work and, secondly, whether that title has since devolved on some other person.

Legal title may vest in more than one person.
The general rule is that the first legal owner of the copyright in a work whose making was commissioned will be the author, i.e. the person who creates it.

This means that I go to a webdesigner and ask it to build me a website.

Who owns it? Well the designer.
It should nevertheless be borne in mind that in many cases where a work is made pursuant to a contract of commission, it will be a term of the contract, express or implied, that the commissioner will be entitled to the copyright.

Provided that I am entitled to enforce the contract, I will be the equitable owner of the copyright.

Copyright is a statutory property right, [CDPA 1988, s.1(1).] being a thing in action, [Orwin v Attorney-General [1998] F.S.R. 415 at 421.] which is transmissible by assignment or by operation of law as personal or moveable property [CDPA 1988, s.90.]

Lawyers refer to the Copyright Designs and Patents Act 1988. An assignment of the legal title to copyright is not effective unless it is in writing signed by or on behalf of the assignor.

---------- Post added at 04:42 ---------- Previous post was at 04:35 ----------

http://www.lawdit.co.uk/reading_room...fringement.htm
Copyright Infringement

7 December 2007
By Ben Evans
There are two types of copyright infringement: Primary and Secondary, both of which are governed by the Copyright, Designs and Patents Act 1988.
Primary Infringement
To show this the claimant must prove on the balance of probabalities that:

1. the defendant carried out one of the activities which falls within the copyright owner's control;
2. the defendant's work was derived from the copyright work ('casual connection'): and
3. the restricted act was carried out in relation to the work or a substantial part thereof

Secondary Infringement
Secondary infringement can be divided into two categories firstly those who distribute or deal with infringing copies once they have been made and secondly those who facilitate the copying.
Sections 22 and 23 of the act provide that copyright in a work is infringed by a person who without the permission of the rights holder:

1. imports an infringing copy in the course of business,
2. possesses an infringing copy in the course of business,
3. sells or lets for hire, or offers or exposes for sale or hire an infringing copy,
4. in the course of business exhibits in public or distributes an infringing copy, or
5. distributes an infringing copy, otherwise than in the course of a business, to such an extent as to affect prejudially the copyright owner.

Section 24 of the act is concerned with those who facilitate copying.