I would like to thank you for taking the time to read all the blog posts made on StudyingLaw, I think I can speak for all of us that do that we write these blogs purely for altruistic purpose and we want people to learn something from them, or seek refuge in them that you indeed are not alone! There are hundreds of us pursuing those elusive Pupillages and Training Contracts.
This Blog post is somewhat unorthodox in that it is merely a reply to a question posted on my first blog, I thought it might be of interest to others with an interest in Intellectual Property and other Intellectual Law
This was the question?
“I’d like to know more about your interest in “trolling”, why is this a focus for you? I’ve heard about it, but didn’t realize it had a legal side to it.”
I believe Trolling is an element of intellectual law, ideally I would love to practice Intellectual Property Law, as its one of the newest areas of law…It being so new leaves a lot of room for discovery and the opportunity to learn. I’m a not-so-secret academic and I would love to have something published in a legal journal one day!
The reason why Trolling is an interest is because it currently is one of the biggest growing viral crimes hitting the 21st century, and due to an ever growing demand on social media, not just by the common public but by companies and organisations, it is a worrying concern.
Passing legislation on trolling is a difficult issue, the rights of privacy need to be respected if not we may as well accept a true Big Brother world, hello 1984! But the rights of the person must also be protected…Which rights are more important? What powers are needed? Who should be given these powers? Are all questions of Law that need to be considered to ensure the right convictions are made and the right preventative measures are put in place.
Currently, Trolling convictions are difficult and sometimes misplaced, I believe, after in depth reading into many convictions, those convictions and sentences are undeserved, but nevertheless, the courts are keen to interpret the law to secure a conviction in order to show other “trollers” that it will not be legally tolerated.
Gone are the days that assault merely constituted a few violent words being exchanged by a spoken voice, can you feel imminent fear to something written on the internet.
Is that fear reasonable if the person is say on a different continent, for example, if I threatened to seriously harm someone in America, it is very unlikely that I will one day do so and therefore unreasonable that someone should still apprehend fear or imminent violence. But have I still committed assault?
Is trolling the new internet assault? How would you secure evidence to secure a conviction without breaching a person’s right to privacy or to undermine someone’s Article 2 ECHR rights of innocent until proven guilty? As, I do not think the Law stands to assume guilt before it is proven.
Kind Regards, Emma!
I do not admit to being an expert on intellectual property, far from it, I’ve actually never had a lecture on IP so it is strange to think that someone with no prior experience to have such an interest.
My interest peaked after watching “The Social Network” which involved many instances of Breach of IP law. Such a strange beginning, but interest in anything, including law need not be from some profound moment, and I urge students to find interest wherever it may be…as it is a common idea that the areas you find most interesting, are normally the areas you will excel in.
After watching the aforementioned film, I began looking for everything relating to IP to bolster my interest and improve my education, anything from newspaper clippings, trending articles, lexology updates etc.
If I could put that on my CV I would but I wouldn’t know how to put research on to my CV.
But learning these things will make networking easier, it will give you an intelligent opinion when talking to other professionals. Before any event I attend, I make it my mission to find out as much as I can about the guests and their practice areas in case the opportunity arises to talk to them.
Just think Anne Hathaway in Devil Wears Prada, just without the Valentino!
When I attended my mini pupillage, I researched every QC, Barrister and Pupil in the entire chambers in case I spoke to them, trust me, there were plenty of them around the coffee bar in the morning, and it is these semi-informal chances that really stick you in someone’s mind. You never know, that article in the guardian you read on the train whilst commuting may get you a business card!
This blog post has ventured off into so many tangents and for that I apologise, but I do hope you have found it interesting and informative
I look forward to any and all comments!
Gregory W Smith