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Multiple international acknowledged agencies have recognized the fact that e-commerce is becoming a determinant of the contemporary international market paradigm (Daniels et al, 2007). In other words, nowadays, the majority of the transactions occurring on the global market are carried out online. In order to provide higher security for the owners, the websites administrators are creating specific profiles for each individual customer (Mohan, 2009). However, this process has become substantially endangered by the practice of phishing. The objective of this report is to encapsulate and analyze the main findings of the Chinese phishing practice. In the second part of the assignment, the probable course of actions which should be taken by the managers of the medical literature distribution center with regard to the existing ethical provisions and copyright law is discussed.
First and foremost, the report provides a definition of the concept in question. Although the unanimous opinion of the scholars and the practitioners in regard to what should be understood under the concept of phishing has not been achieved (Mohan, 2009), the report places the focus on the malicious intent. In other words, this process is conducted by the miscreants to obtain either personal data or a kind of financial consideration from the customers who log in to the websites administrated by the legally authorized business institutions. Mechanically, the process involves the creation of a webpage which is almost identical to the one which belongs to its legitimate owners. The next step involves the utilization of the obtained data to use either credit card information or personal information for blackmail, money extortion, or illegal money withdrawal. It should be additionally emphasized that this practice is punishable by the contemporary Chinese criminal legislation.
The success of this report should be primarily attributed to the extent methodological section. In particular, it is specified that the data in question has been obtained from relatively credible sources. To be more exact, the author cites Anti-Phishing alliance, Anti-Phishing working group data, and other sources which credibility and reliability are almost out of the question. The named agencies are subjected to profound and constant government control of the Chinese commercial authorities, therefore, it can be reasonably assumed that the data is safeguarded and checked respectively.
Secondly, the paper focuses on the mostly assaulted brands and companies which are Taobao.com, Albibaba Company, Sina, and CCTV. It should be additionally accentuated that these companies are among the most commercially effective and successful companies on the Chinese market. Therefore, there is nothing unusual in the fact that the hackers and the owners of the created fake domains target them to illegally obtain the passwords and logins of the customers to conduct subsequent fraudulent activity with their credit cards and other banking information, which normally, is provided to the legitimate institutions exclusively.
The report also indicates that the overwhelming majority of the illegally conducted phishing operations have taken place in May 2012. Miraculously, this finding supports the evidence that the pinnacle of the commercial activity in China has taken place within this period. To be more exact, the vast majority of the commercial and private individuals transactions including payments details exchange and receipt of the invoices to place precisely in the spirit with the majority of law enforcement solicitations to cease this kind of activity have happened during this period as well.
Overall, the court statistics explicitly indicates that during the 2012 accounting period, 130 top-level domains have been subjected to malicious phishing attacks. Despite the fact that the widespread publicly and privately supported campaign against this practice has been launched, the issue of phishing is nevertheless, positioned among the top security threats to the Chinese electronic commerce.
Having analyzed the substantive and procedural matters of this case study, it becomes evident that the manager appears to be in quite a controversial situation. On the one hand, the copyright law and the interests of his agency precisely dictate that he should make provision against the copyright violation. On the other hand, common sense and social responsibility policies of the company prevent him from taking a legal action against students who utilize the bound photocopies of the best-selling medical textbooks.
However, the closer look at the problem reveals that it is socially and commercially more beneficial to let the students utilize their pirate copies of the best-selling books. The first argument in this regard is that they reasonably do not possess sufficient opportunities to purchase officially issued books. In other words, even if a court injunction prohibiting the unlawful prints and distribution of the print editions is obtained, the students will not purchase the books anyway, therefore, the estimated profits will not be accrued.
Secondly, some of the students are likely to make successful careers in the medical field, because their backgrounds and social conditions make them excessively ambitious and painstaking. Therefore, having understood the usefulness and relevance of the products issued by the company, although obtained via unlawful methods, possibly, they would recommend such books for their future students, who may be capable of purchasing the legitimate copies.
Thirdly, it is beyond a reasonable doubt that the company in question has social responsibility which mandates the eradication of any barriers to education. If they find out that the similar situation occurs somewhere in the European Union or the United States of America, the legal action is reasonable. As far as developing countries are concerned, the litigation will deprive the students of their educational prospects, while no monetary consideration will be obtained. The only injunction which should be sought is the one which makes the distribution of these copies to the neighboring more developed countries illegal.
As far as a legal foundation is concerned, it can be argued that the supremacy of the right over the law is undisputed. In this case, the right for proper education should supersede the copyright law.
Overall, the synergy of social responsibility and commercial attractiveness of the imminent litigation should produce the result favorable for the students community of the developing country.