Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation, Trevor Paul
Texas A&M Journal of Property Law
Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination involving the “goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The ADA lists examples that qualify as “public accommodations,” but it does not define the word “place.” As a result, the circuit courts since 1995 have been split over whether a “place of public accommodation” is limited to a physical place. Courts have recently addressed whether websites are subject to Title III and have relied primarily on precedent on the interpretation of a “place of public accommodation.” District courts within the Minority Approach have …
Content Moderation Issues Online: Section 230 Is Not To Blame, Reese D. Bastian
Content Moderation Issues Online: Section 230 Is Not To Blame, Reese D. Bastian
Texas A&M Journal of Property Law
Section 230 of the Communications Decency Act (“Section 230”) is the glue that holds the Internet—as we know it today—together. Section 230 says, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Simply put, Section 230 says that websites or platforms are not liable for content posted by third parties. There are many critics who attribute the maladies of the online world to Section 230. Section 230 presents issues such as over-moderation by Interactive Computer Service (“ICS”) providers that can go as far …
Courts React: Popularity Of Youtube's Reaction Video Genre Sparks New Discussion On Fair Use Defense, Gretchen L. Casey
Courts React: Popularity Of Youtube's Reaction Video Genre Sparks New Discussion On Fair Use Defense, Gretchen L. Casey
Texas A&M Journal of Property Law
Over the past few years, the rise in popularity of a genre of You- Tube videos known as “reaction videos” has resulted in controversy for various reasons. The United States District Court in Hosseinzadeh v. Klein, a landmark case for the genre, described the “reaction videos” as “a large genre of YouTube videos . . . [that] vary widely in terms of purpose, structure, and the extent to which they rely on potentially copyrighted material.” According to the Hosseinzadeh opinion, “[s]ome reaction videos. . .intersperse short segments of another’s work with criticism and commentary, while others are more akin to …