Why is Mr Ramanand living in a flat in Mumbai is always at loggerheads with his neighbours but is most well behaved with the residents of the neighbouring society?. Or Why is it that any husband quarrels with his wife  more than with any body else? 

 Behind these day to day occurences lies a truth that we often miss. That is, "Conflicts arise when there is some thing to share"..more so when the shared object is scarce. This is as much true of the family or neighbourhood as the "Cyber Space". When conflicts arise in Cyber Space, we need "Cyber Laws" to restore order to the society.

When we are discussing the emerging field of "Cyber Laws" we need to therefore try to understand How and Why conflicts arise in the "Cyber World". If we can understand the root of the problem, we can find solutions that can be codified into Law.

Imagine three disputes one between two gentlemen living in Delhi and the other between persons living in India and USA, and the third between an Earthling and a Martian. Every thing else being equal, the dispute between the Earthling and the Martian is the most difficult to resolve and the one between the two Delhiites easiest to resolve. The reason is that "Law" being a "Code of Conduct declared as the most suitable for a given society", is easier to understand between people with common culture. Greater the distance between the societies, greater is the complexity in resolution. 

If the Martian never visits  Earth or viceversa, both the Martian and the Earthling would live happily in their respective socities under their respective laws and perhaps even exchange good wishes through an "Inter planetary E-Mail" from time to time. It is when they land up in a common place, they become uncomfortable because each tries to make the sorroundings more suitable to him than the other.

This anology can be extended to the "Cyber Society" as well. The most contentious disputes in the Cyber world are those where the dispute is between a Netizen and a Citizen. The Trademark related Domain name disputes, the Copyright disputes on Music are some of the examples of such disputes. As long as the trademark owners were away from the Internet world (as was the case until a few years back), there were no domain name disputes. The domain names were registered on first cum first served basis and things were quiet. It was only when the Metasociety members started claiming rights on the Cyber properties such as the "Domain Name" by virtue of their "Non Cyber Society Rights", that the disputes became more frequent.

In the coming days, this tendency will gain further momentum and the world will move towards a chaotic period of time when every practice and norm of the Cyber Society will be put under the scrutiny of the Meta space Law. Out of this churning  the fundamental principles of "Cyber Law" would crystalise. (Those who know Hindu mythology would pray that lord "Nanjundeshwara" would descend on the society to save it from the "Halahala" that will come out ).
This period would also see  the birth of "Cyber Jurisprudence", that is "Jurisprudence for the Cyber World". The legal luminaries in the Meta society will perhaps argue against the very nomenclature of  "Cyber Jurisprudence". To them Cyber Society has no independent existence. It is a part of the Meta society. Whatever are the laws of the Meta society, they should therefore have primacy in any dispute over the Cyber space. To them "Cyber laws" are relevant only to interpret the Meta society laws to the Cyber transactions. Even if it is necessary to study the principles of Cyber Law, they would feel that perhaps it can be done under the umbrella of "Jurisprudence" itself. However, since any society having a distinct history of its own, has a claim for a Chapter in the larger discussion of Jurisprudence, Cyber Jurisprudence also has a specific place in the society. Once the "Cyber Society" and "Cyber Jurisprudence" gains recognition, then the Cyber Laws and Non Cyber Laws would both be on a "level playing field" whenever an Inter society conflict needs to be resolved.

Will  the Netizens  be able to establish their right for independent existence?..in a society that is different from the Meta society and for rights that should in certain circumstances rule over the rights of Citizens in the "meta society" ? Or will they be overpowered into subjugation by the Non Cyber Society? 

Let's wait and watch  how the society resolves this conflict. Behind this resolution lies the solutions for Napster's case as well as the Domain Name dispute resolutions.
Naavi