Summary

Question2

Q1:

Which is not infringement of copyrighted work?

• Reproduction
• Adaptation
• Thought of the same idea
• Partly modification

Infringement

Section 30:

Unauthorized actions against a copyrighted computer program are considered copyright infringement if they involve:

1. Reproduction or adaptation.
2. Public communication.
3. Rental of the original or copies.

Section 32 (exception):

Actions against another person’s copyrighted work are not considered infringement if they do not interfere with the normal use or harm the legitimate interests of the copyright owner. Exceptions include:

1. Research or study (non-profit).
2. Personal use or use by family and close relatives.
3. Criticism, review, or recommendation with credit to the copyright owner.
4. News reporting with credit to the copyright owner.
5. Use in judicial or official proceedings.
6. Educational use by teachers (non-profit).
7. Reproduction or summary for students by a teacher or institution (non-profit).
8. Use in exams as part of questions and answers.

Section 35 (exception):

certain actions involving a copyrighted computer program are not considered infringement if they are non-profit and comply with Section 32:

1. Research or study.
2. Use for the benefit of the program’s lawful owner.
3. Criticism, review, or recommendation with credit to the copyright owner.
4. News reporting with credit to the copyright owner.
5. Copying for maintenance or loss prevention by the lawful owner.
6. Use in judicial or official proceedings.
7. Use in exams.
8. Necessary adaptation for use.
9. Copying for reference or research in the public interest.

Link to original

Q2:

Correct statement about the Thai criminal law?

• Act by negligence: offence unintentionally ^439d8c
• intentionally: act consciously ^5b9a6e

Q3:

Which is incorrect

• Idea of drawing is not copyrighted.
• A copyright is acquired automatically when there exists an expression of original idea.
• A copyright is granted by the competent official.
• There is no need to register a copyright.

Copyright is not granted by the competent official, but it is acquired automatically when there exists an expression of original idea. But it is recommended to register a copyright.

Q4:

What is correct:

• The copyright owner can give benefits to others.
• A copyright is not assignable. Copyright Assignment (Thai copy right act section 17)
• A copyright computer program cannot be rent.Copyright Protection (Thai copy right act section 15)
• Using a copyrighted as part of examination is infringement. Infringement

Q5:

WIPO stands for?

• World Intellectual Property Organization

Q6:

by bought a CD of a copyrighted album, which is true?

• has the copyright and ownership
• has the ownership but not the copyright
• does not have the copyright but has ownership
• neither copyright nor ownership

Q7:

Section 14: Putting Certain Types of Information into a Computer System

Paragraph 1

A person committing any of the following acts can face up to five years in prison, a fine of up to 100,000 Baht, or both:

1. Dishonestly or deceptively entering distorted or false data into a computer system in a way that may harm the public, excluding defamation.
2. Inputting false data likely to harm national security, public safety, Thailand’s economy, critical infrastructure, or cause public panic.
3. Entering data related to national security or terrorism.
4. Uploading obscene data that the public can access.
5. Sharing or forwarding data from (1), (2), (3), or (4) above, knowing its nature.

Paragraph 2

In case the offence under Paragraph 1 is not committed against the general public but rather against a certain person, the offender, the disseminator or the forwarder of such computer data shall be liable to an imprisonment for a term not exceeding three years, a fine not exceeding 60,000 Baht or both; and such offence shall be deemed a compoundable offence.

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Paragraph 1: Dishonestly, false data, harm public, terrorism, obscene data

Q8:

Section 26:

• A service provider must keep traffic data for at least 90 days from the date it was recorded in the computer system. If needed, a competent official can require the service provider to keep this data for up to two years in specific cases or situations.

Link to original

90 days, and up to 2 years in specific cases or situations.

Q9:

A and B planned and agreed to commit a criminal offence, A and B is said to be Principal.

Persons involved in a crime

Principals:

Section 83:

• If an offense is committed by two or more people, all involved accomplices are considered principals and will be punished according to the law for that offense.

Link to original

Instigator:

Section 84:

• Whoever instigates, by threat, hire, …, another person to commit an offense is said to be an instigator.

Link to original

Supporter:

Section 86:

• Whoever does for any reason whatsoever as giving assistance or facility to any other person committing an offence, even not known by the offender, such assistant deemed to be a supporter and shall be punished by 2/3 of the punishment.

Link to original

Link to original

Q10

Posting fake news on social media cause panic is an offence according to Thai computer-related crime.

Q11

Which is Common law system

• Thai
• UK
• Germany
• France

Civil Law system and Common Law system

Summary

Civil Law system and Common Law system

Civial Law system

• written laws (law code)
• follow the Supreme Court’s precedents
• e.g., Thailand, France, Germany, etc.

Common Law System

• based on accepted customs and traditions
• A decision made by the Court upon a case on the precedents
• e.g., UK, USA, Singapore, etc.

Link to original

Q12

What is a property?

• Smartphone
• Land
• WIFI signal
• All of above

Thing, property, and Intellectual property

• Things are corporeal objects
• Property includes both corporeal (tangible) and incorporeal (intangible) objects thus bigger.
• Intellectual property is a type of intangible property.
  • It is rights are the collective name given to a suite of legal protection.
  • to protect the creator, author, or inventor of an intangible creation.
  • Protection of incentive-innovation-reward cycle; innovation which benefit society as a whole should be encouraged and the creator should be rewarded.
  • such as copyright, Patent, Trademark, and trade secrets.

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Q13

Prosecutor adducts a computer as which type of evidence

• Material evidence
• Documentary evidence
• Eyewitness

Law Evidence

Material Evidence

This type of evidence is tangible and can be examined by the court itself. Examples include a damaged bearing, the remains of a ruptured storage tank, or a fractured crutch.

Documentary evidence

This type of evidence is any record that can be introduced in court, such as a document, photograph, audio recording, or video. Examples include handwritten notes, letters, invoices, contracts, and wills.

Witness evidence

This type of evidence is a statement made by a person who has seen or heard something. Examples include eyewitness accounts, expert testimony, and character witnesses.

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Q14

Mr. A want to port criminally data to internet but when typing, he change his mind to not do it instead, is this consider commences to commit an offence or not?

• would not be considered to have commenced to commit an offense because he only thought about committing the act and did not take substantial steps to carry it out. Under criminal law, for an act to be considered as commencing to commit an offense, there must typically be an overt action toward completing the crime, not just preparation or intent.

Section 80:

• Whoever commences to commit an offence, even not carry it through or not achieve its end, is said to attempt to commit an offence.
• Whoever attempts to commit an offence shall be liable to 2/3 of the punishment provided for the offence.

Link to original

Q15

posting to defame someone on social media is an offence according to Thai computer-related crime act.

Q16: T/F

A person, on the completion of 25 years of age, is considered sui juris.

• False, as a person becomes sui juris on the completion of 20 years of age or legal marriage (17 years old at least) Natural Person

Q17: T/F

According to Thai Civil and Commercial Code, a juristic act is void if it is subject to a lawful condition.

• False, a juristic act is void if it is subject to an unlawful condition or a condition contrary to public order or good morals. Section 188

Q18: T/F

Limited partnership is a type of juristic person but registered ordinary partnership is not.

• False, a juristic person can come into existence only by virtue of the code or of other law, such as a company (limited), registered (ordinary) partnership, limited partnership, association, or foundation. Section 65

Q19: T/F

Wrongful act is a juristic cause which bound the offender to make a compensation to the injured person.

• True, a wrongful act is a juristic cause which bound the offender to make a compensation to the injured person. Section 420

Q20: T/F

Both natural persons and juristic persons can be liable for wrongful acts.

• True, both natural persons and juristic persons can be liable for wrongful acts. Section 420

Q21:

What is the most serious criminal punishment among these choices?

• Death
• Imprisonment
• Confinement
• Fine
• Forfeiture of property

Transclude of Criminal-Law-Code-of-Thailand#^24ed97

Q22:

Which can intellectual property be transferred?

• selling
• renting
• gifting
• inheritance
• all of above

Q23:

The cat died, can this still make a contract of sale?

• No, because the cat is dead before the contract of sale was made. So they surely cannot deliver the cat to the buyer.

Q24:

punishment for a criminal offence?

• Fine

Q25:

Supreme Court is the highest court of justice in Thailand.

Q26:

By injures the … of another person, is said to commit a wrongful act and is liable to ___ for the damage arising therefrom.

• compoundable
• compensation
• criminal liability

Q27:

Addressee is a person who is intended by the ___ to receive the data message.

• intermediary
• originator
• receiver

Q28:

Copyrighted work after the end of protection period? become

• patent
• public domain/ free to use
• inheritance
• intellectual property

Q29:

made someone do criminal act is called?

• instigator
• principal
• supporter

Q30:

Thai computer-related crime act is amended in the year of?

• 2560

Q31:

A person may be liable for torts according to the wrongful act …

• committed by himself/herself
• committed by his/her employer

Q32:

Main characteristic of tort law?

• punishing the offender who committed a crime
• right of the injured person where compensation must be paid to

Q33:

In civil and commercial law code, the claim for damage arising from a wrongful act is barred by prescription after … from the day when the wrongful act and person bound to make compensation become known to the injured person, or … from the day when the wrongful act was committed

• 1 year/ 10 years

Q34: T/F

Minor has limited capacity to perform juristic acts.

• True, a minor must obtain the consent of his legal representative for doing juristic acts. All acts he does without such consent are voidable unless otherwise provided. Natural Person

Q35:

Offer and acceptance can be done in a form of …

• Conversation
• Writing
• Data message
• all of above

Q36:

Door to other computer-related crime offences?

• Putting certain information into a computer system
• Illegally accessing a computer data
• inferference to computer data

Q37:

Characteristics of tort law?

• right of the injured person where compensation must be paid to
• punishing the offender who committed a crime

Q38: T/F

Breaking into a secured room without permission to physically enter a computer system is an offence according to the Thai computer-related crime act.

• True, breaking into a secured room without permission to physically enter a computer system is an offence according to the Thai computer-related crime act.