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- Internet Privacy, consumer privacy, Steve Jackson Games v. United States Secret Service, Privacy Protection Act, cryptography, (1)
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- Publication
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- UC Law SF Communications and Entertainment Journal (26)
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Articles 1 - 30 of 98
Full-Text Articles in Law
When Is Time Brokerage A Transfer Of Control? The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn
When Is Time Brokerage A Transfer Of Control? The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hard Cap Or Soft Cap: The Optimal Player Mobility Restrictions For The Professional Sports Leagues, Alan M. Levine
Hard Cap Or Soft Cap: The Optimal Player Mobility Restrictions For The Professional Sports Leagues, Alan M. Levine
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trade Dress: Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano
Trade Dress: Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Reverse Confusion: Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson
Reverse Confusion: Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
It Had To Be Hue: The Meaning Of Color “Pure And Simple”, Karin S. Schwartz
It Had To Be Hue: The Meaning Of Color “Pure And Simple”, Karin S. Schwartz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord
The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord
Indiana Law Journal
No abstract provided.
Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos
Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos
Michigan Law Review
A Review of Kill All the Lawyers?: Shakespeare's Legal Appeal by Daniel J. Kornstein
Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros
Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros
Michigan Law Review
A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris
The Last Butskellite, John D. Ayer
The Last Butskellite, John D. Ayer
Michigan Law Review
A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White
Babe Ruth As Legal Hero, Robert M. Jarvis
Babe Ruth As Legal Hero, Robert M. Jarvis
Florida State University Law Review
No abstract provided.
Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii
Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii
Federal Communications Law Journal
The tradition of watching the Sunday afternoon football game in front of the television began in 1939. Since then, sports broadcasting has become one of the most powerful revenue-building tools for both media and sports leagues alike. Sports programming is increasingly available only through cable and pay-per-view television, which limits viewers' access to free broadcast televised sporting events. Legislators have now directed the Federal Communications Commission to study the effects of paid access to sports broadcasts, with an eye toward protecting viewers' rights to free access to sports on television.
This Note explains the impact of the Sports Broadcasting Act …
Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz
Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz
Federal Communications Law Journal
Entrepreneurs have manufactured unauthorized sound recordings since the'turn of the century. At first, most of these recordings were counterfeits and copies of existing recordings. Starting in the late 1960s, a new genre of unauthorized recording, the "bootleg," found eager listeners, particularly among fans of rock music. Bootlegs offered music that was unavailable elsewhere such as concert recordings and unfinished studio recordings. The widespread availability of compact discs and ever improving recording technology means that some new bootlegs sound better than ever.
This Note explores the history of bootlegs and how copyright law has tried to come to grips with the …
From The Diamonds To The Courts: Major League Baseball V. The Commissioner, Lydia Lavelle
From The Diamonds To The Courts: Major League Baseball V. The Commissioner, Lydia Lavelle
North Carolina Central Law Review
No abstract provided.
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson
The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee
Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter
Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard
Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Baseball's Antitrust Exemption, Michael H. Juarez
Baseball's Antitrust Exemption, Michael H. Juarez
UC Law SF Communications and Entertainment Journal
Major League Baseball (Baseball) traditionally has enjoyed an exemption from antitrust laws even though Baseball is a business that clearly engages in interstate commerce. This antitrust immunity has allowed owners to restrict franchise expansion and relocation as well as to shackle players to a given team by using the reserve system. 1993 congressional hearings indicate that Congress has maintained the exemption in exchange for Baseball acting in the best interests of the American public. However, incidents over the past few years point to Baseball's repeated disregard of the public interest. This Note contrasts the relevant case law and congressional response …
Emerging Antitrust Issues Affecting The Computer Industry, Kelly A. O'Connor
Emerging Antitrust Issues Affecting The Computer Industry, Kelly A. O'Connor
UC Law SF Communications and Entertainment Journal
Computer industry marketing practices have been subject to frequent challenge under U.S. antitrust laws since the early 1980s. These challenges have principally been based on tying arrangement analysis under section 1 of the Sherman Act and section 3 of the Clayton Act, or monopolization under section 2 of the Sherman Act. This article discusses the background of the Supreme Court's treatment of computer industry marketing practices under U.S. antitrust law, establishes qualifications for acceptable marketing practices by reviewing the recent Supreme Court decisions Eastman Kodak Co. v. Image Technical Services and Data General Corp. v. Grumman System Support Corp., and …
The Know-How Gap In The Trips Agreement: Why Software Fared Badly, And What Are The Solutions, J. H. Reichman
The Know-How Gap In The Trips Agreement: Why Software Fared Badly, And What Are The Solutions, J. H. Reichman
UC Law SF Communications and Entertainment Journal
The TRIPS Agreement establishes universal minimum standards of intellectual property protection that will enable software producers to repress the wholesale duplication of their products in the global marketplace. These standards, however, will not effectively require World Trade Organization member states to issue software patents or to provide copyright protection for the functionally determined components of computer programs that account for most of their commercial value. Nor does this Agreement prevent the reverse engineering of technical ideas by honest means if competitors express their analytical results in independently created programs.
This Article discusses the impact of the TRIPS provisions governing patents, …
American Geophysical Union V. Texaco: Is The Second Circuit Playing Fair With The Fair Use Doctrine, Shannon S. Wagoner
American Geophysical Union V. Texaco: Is The Second Circuit Playing Fair With The Fair Use Doctrine, Shannon S. Wagoner
UC Law SF Communications and Entertainment Journal
In American Geophysical Union v. Texaco, the Second Circuit held that a corporate employee's unauthorized photocopying of eight journal articles for personal research and reference is not a fair use under the Copyright Act. This decision tested the legal parameters of photocopying by for-profit institutions, and established that traditional copying practices will now expose many private organizations to infringement liability. This Note examines the Texaco case, the Copyright Act, and the Copyright Clearance Center, an organization which played a pivotal role in the Second Circuit's decision. The author contends that the Texaco decision is contrary to the original purpose of …
Swifties, Shifties, And That E-Biz Jazz: The Ethical Roles Of Attorney/Literary Agents, Bruce S. Stuart
Swifties, Shifties, And That E-Biz Jazz: The Ethical Roles Of Attorney/Literary Agents, Bruce S. Stuart
UC Law SF Communications and Entertainment Journal
It is no secret that attorney authors are making their mark on the book publishing industry as books by and about lawyers occupy more than a fair share of both THE NEW YoRK TIMES and PUBLISHER'S WEEKLY bestseller lists. But what about the lawyers behind the scenes-those who broker those bestseller deals? From the late literary agent extraordinaire Swifty Lazar to power literary deal maker Morton Janklow, this Article will examine how the attorney literary agent evolved and the ethical considerations incumbent upon attorneys who also don the hat of author representative.
This article will demonstrate through the use of …
A Proposed Defamation Standard For Commercial Information Systems, Frank P. Darr
A Proposed Defamation Standard For Commercial Information Systems, Frank P. Darr
UC Law SF Communications and Entertainment Journal
The computer bulletin board presents a difficult legal problem when defamation is at issue. Because defamation standards vary with the role of the publisher in the distribution process, the legal responsibility of the bulletin board's sponsor is uncertain.
This Article criticizes the current analogical approach used by the courts. It also rejects the negligence and strict liability rules. Instead, the Article proposes a "reason to know and reasonable time to remove standard," which comports with constitutional requirements, practical limits to preventing defamation, and the countervailing need to prevent injury.
Facilitating Telemedicine: Reconciling National Access With State Licensing Laws, Stacey Swatek Huie
Facilitating Telemedicine: Reconciling National Access With State Licensing Laws, Stacey Swatek Huie
UC Law SF Communications and Entertainment Journal
Telemedicine is a growing phenomenon which is being promoted by the states, the federal government, and private groups. Telemedicine offers many benefits not available through traditional forms of medical practice. As certain practices involved in telemedicine conflict with state licensing laws, a solution balancing the needs of telemedicine against the states' interest in preserving the health and safety of their citizens is needed if telemedicine is to prosper. This Note outlines the benefits and problems associated with telemedicine, discusses the current state licensing laws and the dangers those laws seek to prevent, and proposes solutions reconciling the two.
Berne, Cfta, Nafta & (And) Gatt: The Implications Of Copyright Droit Moral And Cultural Exemptions In International Trade Law, Stephen Fraser
Berne, Cfta, Nafta & (And) Gatt: The Implications Of Copyright Droit Moral And Cultural Exemptions In International Trade Law, Stephen Fraser
UC Law SF Communications and Entertainment Journal
Beginning with the United States' accession to the Berne Union in 1988-89, through the negotiations for the Canada-United States Free Trade Agreement (CFTA), the North American Free Trade Agreement (NAFTA), and the latest round of the General Agreement on Tariffs & Trade (GAIT), copyright law and its attendant industries have become important foci in the area of international trade. Although the United States may be the world leader in the dissemination of movies, television programs, music, and books and even though through Berne, CFTA, NAFTA, and GATT the United States has managed to obtain increased protection for copyrighted content, it …