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Brigham Young University Journal of Public Law

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Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow Oct 2023

Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow

Brigham Young University Journal of Public Law

John Naughton, notable journalist and academic, has asserted that “[common sense] should also revolt at the idea that doctrines about copyright that were shaped in a pre-Internet age should apply to a post-Internet one.” And yet, in crucial aspects of international law, this is the situation in which the world finds itself today. The Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention” or the “Convention”) is one of the most important multinational agreements concerned with copyright law, but it has not been amended since September 28, 1979. Although the internet technically existed in an early …


Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp Sep 2023

Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp

Brigham Young University Journal of Public Law

No abstract provided.


Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann Mar 2012

Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann

Brigham Young University Journal of Public Law

This Article starts with the famous "horse trades" (typically between A and B and for 10£) from early discussions of contract law, and proceeds through Judge Burrough's enduring "unruly horse" and Karl Llewellyn's Across Sales on Horseback and The First Struggle to Unhorse Wares, to provide background for a critique of the recent judicial liberality in enforcing online contracts. We then focus on role of Judge Frank Easterbrook, who has personally insulted the place of the horse in law, and his infamous opinion in ProCD v. Zeidenberg. This case fueled the enforcement of clickwrap and browsewrap contracts by decaying assent …


Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense May 2008

Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense

Brigham Young University Journal of Public Law

No abstract provided.


Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner Mar 2008

Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner

Brigham Young University Journal of Public Law

No abstract provided.


Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow Mar 2004

Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow

Brigham Young University Journal of Public Law

No abstract provided.


Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager Mar 2003

Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager

Brigham Young University Journal of Public Law

No abstract provided.


The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean Mar 1997

The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean

Brigham Young University Journal of Public Law

No abstract provided.