95 年度國立臺灣大學科際整合法律學研究所碩士班考題
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班\組別: 己組
科  目: 分析能力二(申論題)
年  度: 95
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The People's Republic of Yamimi ("PRY") is a country located in the north of Russia with a huge number of citizens. The following news concerning PRY was reported in February 2006.
│ The rest of the world tends to think of the Web the way it thinks of the moon: it │
│looks the same everywhere, and when you're on it you can pretty much do whatever │
│you want. But seen from Yamimi, the Web is very different. Yamimi employs a │
│force of 30,000 Internet censors 24/7, blocking access to many sites expressing │
│nonapproved opinions on hot-button issues like separatism and the Falun Gong │
│religious sect. │
│ The Web giant Google launched a Yamimi version of itself, Google.ym, that is │
│heavily censored to comply with Communist Party regulations. For a company │
│with the unofficial motto "Don't be evil," a company that has picked up the fallen │
│standard of Internet idealism, that was a bit of a shocker. Did the virtuous Google │
│just sell out its honor? │
│ Google already had a Yamimi-language version of Google.com since 2000. But │
│the authorities weren't fond of it, so they blocked access to its cached pages. │
│Using its online filters, the government also made Google run annoyingly slowly, │
│and sometimes not at all. │
│ "It's never obvious what to do in these situations," Google co-founder Larry Page │
│told the correspondent. "One of the principles we believe pretty strongly is that │
│having really good access to information for people is a great way of improving the │
│world." But in the end Google chose to dance with dragon-presumably the │
│cha-cha. "Filtering our search results clearly compromises our mission," the │
│company's official statement says. "Failing to offer Google search at all to a fifth │
│of the world's population, however, does so far more severely." │
│ Global corporations have always had to balance ethical, cultural and legal │
│considerations with financial ones; asking them to define ethical foreign policy is │
│like looking to professional athletes to develop steroid-test rules. As Page puts it, │
│"It's pretty hard for companies to act as governments. To some extent that's a good │
│thing for the U.S. State Department to be doing. I'm not sure that's our role." │
│ For Google, getting a foothold in the Yamimi market now may well be vital for its │
│survival 20 years hence. So it's not surprising that it would trade that financial │
│confidence for a little ethical dustup. The real risk is that some of that dust will │
│stick to Google's snowy-white brand identity. │

一 依中華民國之法律,外國法院無管轄權者。
二 敗訴之被告未應訴者。但開始訴訟之通知或命令已於相當時期在該國合法送達,或依中華民國法律上之協助送達者,不在此限。
三 判決之內容或訴訟程序,有背中華民國之公共秩序或善良風俗者。
四 無相互之承認者。