Law Commons^™

Free Speech In The Modern Age, Fordhamiplj@Gmail.Com

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trademark Vigilance In The Twenty-First Century: An Update, Peter S. Sloane

Fordham Intellectual Property, Media and Entertainment Law Journal

The trademark laws impose a duty upon brand owners to be vigilant in policing their marks, lest they be subject to the defense of laches, a reduced scope of protection, or even death by genericide. Before the millennium, it was relatively manageable for brand owners to police the retail marketplace for infringements and counterfeits. The Internet changed everything.

In ways unforeseen, the Internet has unleashed a tremendously damaging cataclysm upon brands—online counterfeiting. It has created a virtual pipeline directly from factories in China to the American consumer shopping from home or work. The very online platforms that make Internet shopping …

Gender Biases In Cyberspace: A Two-Stage Model, The New Arena Of Wikipedia And Other Websites, Shlomit Yanisky-Ravid, Amy Mittelman

Fordham Intellectual Property, Media and Entertainment Law Journal

Increasingly, there has been a focus on creating democratic standards and norms in order to best facilitate open exchange of information and communication online―a goal that fits neatly within the feminist aim to democratize content creation and community. Collaborative websites, such as blogs, social networks, and, as focused on in this Article, Wikipedia, represent both a cyberspace community entirely outside the strictures of the traditional (intellectual) proprietary paradigm and one that professes to truly embody the philosophy of a completely open, free, and democratic resource for all. In theory, collaborative websites are the solution for which social activists, intellectual property …

Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden

Fordham Intellectual Property, Media and Entertainment Law Journal

INTRODUCTION The Internet increasingly offers a preferred medium for access to video and other types of high value content that may require Internet Service Providers (“ISPs”) to use special efforts to ensure superior quality of service (“QOS”). ISPs have made substantial investments in infrastructure upgrades to satisfy growing demand for networks capable of delivering bandwidth intensive traffic at higher transmission speeds. Additionally, they work to accommodate consumer expectations of having content access anytime, anywhere, through any medium, via any device, and in any screen presentation format. Early adopters of new video delivery technologies rely on both wireline and wireless alternatives …

Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton

Fordham Intellectual Property, Media and Entertainment Law Journal

In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.

The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble

Fordham Intellectual Property, Media and Entertainment Law Journal

From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements. This Article posits that …

The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble

Fordham Intellectual Property, Media and Entertainment Law Journal

Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location — a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of raising borders in cyberspace, …

A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl

Fordham Intellectual Property, Media and Entertainment Law Journal

This note examines tensions between the community standards doctrine in First Amendment obscenity law and nationwide prosecutions of internet obscenity. The note focuses on recent cases on the topic, especially in the Supreme Court and the Ninth Circuit Court of Appeals.

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Keynote Address: Commons And Code, Lawrence Lessig

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Damnum Absque Inujria: Zeran V. Aol And Cyberspace Defamation Law, Steven M. Cordero

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.