CHALLENGES RELATING TO THE DETERMINATION OF CAUSE OF ACTION IN THE DIGITAL ENVIRONMENT

Abstract

Not everyone who has suffered loss, damage or injury due to copyright infringement in the digital environment may claim against a person or organization they believe is the cause of their harm, a cause of action is required. A cause of action is the technical legal name for the set of facts which give rise to a claim enforceable in court. It is a legally recognized wrong that creates the right to sue. Each cause of action consists of points the plaintiff (copyright owner) must prove and all of these elements must be satisfied in order to take court action. A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. A cause of action may arise from statute (like provisions of the Berne Convention and related laws on copyright) or from the common law. The common law has evolved gradually over time, and is law made by judges when they give their judgment on a case brought before them. This process has led to the development of various causes of action which may be used to bring an action in the courts. Which court will hear your case depends on the type of cause of action. So it is suggested that, rules applicable to normal courts can be used to determine which cause of actions apply in the digital environment for infringement.