Web 2.0 technologies offer the potential to significantly improve the quality of education. However, the impact of copyright and control technologies can limit educators and students from continuing to interact freely with a variety of information sources.
This poses a great challenge for institutions to understand such implication within the limits of intellectual property law, which itself is also challenged by the movement towards collective creation. A single artwork can contain multiple copyrighted works owned by different people. This is the harsh reality of the law that many educational materials are at risk of inadvertent copyright infringement.
The law may be harsh, but it is still the law. Until it is declared unconstitutional, it deserves to be respected and obeyed no matter how unfair said law may be. When the courts declare that a law is incompatible with the Constitution, the first will be void and the second will prevail.
The laws are only repealed by the later ones, and their infringement or non-compliance cannot be excused due to disuse or custom or practice to the contrary. No judge or court will refuse to pass judgment due to the silence, obscurity or inadequacy of the laws. In case of doubt in the interpretation or application of the laws, it is presumed that the legislative body intended that law and justice prevail.
The term “law” in its broadest sense means any rule of action, norm or conduct, or expression of uniformity. In its broadest sense, the law applies indiscriminately to all objects of creation, animate or inanimate, rational or irrational, as well as to intangible processes.
The law is the factor that holds organized society together. Where such an element does not exist, there is only a lawless group. To the extent that a group of men is held together as a society by such a factor, to that extent it has a rough or highly developed legal system as the case may be.
The particular statutes, customs, or court decisions that prevail are just a few facets of that overriding, overriding factor. When a particular rule or act promotes the efficacy of this factor, it is a lawful act or a good rule; if it repeals the effectiveness of this element, it is an illegal act that must be modified.
The burden of proving that a law is unconstitutional rests on the individual claimant or challenger because of the presumption of constitutionality of a law. Laws must be followed; otherwise, there will be chaos, disorder. The law is like a nuclear force that holds the atom together, without it there will be destruction.