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It’S Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
It’S Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
Richmond Journal of Law & Technology
Throughout history, pornography and technology have enjoyed a symbiotic relationship, each playing a significant role in the growth and widespread success of the other. From the VCR and camcorders to the Polaroid camera and the Internet, the pornography industry has always accelerated the growth of new technologies, paving the way for these new services to be introduced into mainstream society. Most of these new technologies were appealing to creators and consumers of pornography because the new technologies brought an increased sense of privacy. For example, much of the success of the Polaroid camera is said to come from the fact …
Taking Note: On Copyrighting Students’ Lecture Notes, Matthew M. Pagett
Taking Note: On Copyrighting Students’ Lecture Notes, Matthew M. Pagett
Richmond Journal of Law & Technology
An essential element of individual property is the legal right to exclude others from enjoying it. If the property is private, the right of exclusion may be absolute; if the property is affected with a public interest, the right of exclusion is qualified. But the fact that a product of the mind has cost its producer money and labor, and has a value for which others are willing to pay, is not sufficient to ensure to it this legal attribute of property. The general rule of law is, that the noblest of human productions— knowledge, truths ascertained, conceptions, and ideas— …
A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau
A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau
Richmond Journal of Law & Technology
Bulletin boards and pushpins are archaic. Yet, each day represents a new paradigm for the technologically savvy. Innovators pair old concepts with new functionalities and technology, often achieving groundbreaking results. Digital counterparts for Post-It notes emerged for computers and other wireless devices. Other examples abound. Thus, it is no surprise that pins and boards also have new meaning in the digital age. Credit is due to the founders of Pinterest, a nascent social networking site with a devoted following, for modernizing the pin. As a newer social networking site, Pinterest has experienced unparalleled growth after its inception only a few …
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
Richmond Journal of Law & Technology
On October 23, 2007, the United States announced an initiative to strengthen intellectual property enforcement measures within the international community via the Anti-Counterfeiting Trade Agreement (“ACTA”). During the following years, eleven rounds of negotiations among as many parties culminated in a finalized text released on December 3, 2010. The dialogue occurred outside the purview of existing bodies such as the WIPO and WTO. The ACTA now awaits acceptance following the March 31, 2011 commencement of the ratification period. It will enter into force thirty days following the sixth formal approval.
Busting Blocks: Revisiting 47 U.S.C. § 230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, Jonathan I. Ezor
Busting Blocks: Revisiting 47 U.S.C. § 230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, Jonathan I. Ezor
Richmond Journal of Law & Technology
Consider a company that uses e-mail to conduct a majority of its business, including customer and vendor communication, marketing, and filing official documents. After conducting business in this manner for several years, one day the company discovers that its most recent e-mails were not delivered to recipients using a major Internet Service Provider (“ISP”) because the company was recently listed on an automated block list as a sender of unwanted bulk commercial e-mail (“spam”).
The Darknet: A Digital Copyright Revolution, Jessica A. Wood
The Darknet: A Digital Copyright Revolution, Jessica A. Wood
Richmond Journal of Law & Technology
We are in the midst of a digital revolution. In this “Age of Peer Production,” armies of amateur participants demand the freedom to rip, remix, and share their own digital culture. Aided by the newest iteration of file sharing networks, digital media users now have the option to retreat underground, by using secure, private, and anonymous file sharing networks, to share freely and breathe new life into digital media. These underground networks, collectively termed “the Darknet[,] will grow in scope, resilience, and effectiveness in direct proportion to [increasing] digital restrictions the public finds untenable.” The Darknet has been called the …
How “Choruss” Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor
How “Choruss” Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor
Richmond Journal of Law & Technology
A sixty year-old man is delighted when his son shows him how to use Pandora—an interactive, hip Internet radio site that puts the listener in control. Having grown up a huge Louis Armstrong fan, the man quickly selects the jazz singer as one of his “stations.” When listening to this station, Pandora will only play songs by Armstrong and other similar artists for him. When he hears Armstrong’s classic, “What a Wonderful World,” the man immediately clicks the “Thumbs Up” icon, indicating his approval of Pandora’s recommendation. Pandora’s recommendations are drawn from its “Music Genome Project,” a database of song …
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Richmond Journal of Law & Technology
Road safety cameras can photograph your car running red lights. Some bars record information on driver’s licenses to establish that their patrons are old enough to drink. The Recording Industry Association of America (RIAA) uses automated web crawlers to try to find illegal copies of mp3s, and iTunes embeds personal identifying information in the tracks of every song you buy.
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Richmond Journal of Law & Technology
With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.
State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell
State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell
Richmond Journal of Law & Technology
The Framers guarded against the future accumulation of monopoly power in booksellers and publishers by authorizing Congress to vest copyrights only in ‘Authors.
Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni
Richmond Journal of Law & Technology
Only a fool would question the role and relevance of Internet Service Providers in promoting the Internet. But, unfortunately, Internet Service Providers ("ISPs") are at the receiving end of many disputes involving Intellectual Property violations. The difficulty in pinpointing the real culprit has resulted in a piquant situation where the Internet Service Provider is often taken to court. United States' courts and courts of other advanced countries have confronted this issue since 1993 and have finally enacted specific legislation to solve this mind-boggling issue. The Indian Information Technology Act 2000 ("The Act"), enacted with much hype, is almost silent on …
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Richmond Journal of Law & Technology
Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.
The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski
Richmond Journal of Law & Technology
This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …
Letter From The Editor, Lisa Taylor Hudson
Letter From The Editor, Lisa Taylor Hudson
Richmond Journal of Law & Technology
Welcome to the fourth issue of The Richmond Journal of Law & Technology. By now, we have all emerged from the "Y2K Crisis" unscathed. In fact, for many, the advent of the new year and new millennium was utterly uneventful technologically. However, this new year is not without its own fanfare for The Journal, for 2000 marks the first time this law review has published a fourth issue in a single academic term. Furthermore, we are even entrenched in the publication process for a fifth issue already. We continue to work hard to produce these timely, insightful, and scholarly publications, …
Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton
Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton
Richmond Journal of Law & Technology
After the Recording Industry Association of America's ("RIAA") attack on the Diamond Rio proved unsuccessful, the music industry turned its attention to the companies enabling reproduction of copyrighted music. Two important cases appeared after the United States Court of Appeals for the Ninth Circuit held that Diamond Rio was not infringing on copyrights. These cases, A&M Records, Inc. et al. v. Napster, Inc. and UMG, Inc., et. al. v. MP3.com, Inc., will shape computer technology's effect on American copyright law. This update will discuss these two cases and give brief overviews of the courts' findings and conclusions. These findings will …
Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun
Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun
Richmond Journal of Law & Technology
I feel strongly that the great fundamentals should be discussed more in all public meetings, and also in meetings of schools and colleges. Not only the students[,] but also the faculty should get down to more thinking and action about the great problems[,] which concern all countries and all peoples in the world today, and not let the politicians do it all and have the whole say. I have often been told that it is not the function of music (or a concert) to concern itself with matters like these. But I do not[,] by any means agree. I think …