Law Commons^™

Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler

Jonah M. Knobler

This article attempts to answer two related questions on the subject of copyright law in the Internet age: First: Under present U.S. copyright law, does the delivery of a digital music file over the Internet as a “download” necessarily implicate the copyright holder’s right of public performance, above and beyond the obviously implicated rights of distribution and reproduction, as the music industry claims it does? This article examines the recent decision in United States v. ASCAP (S.D.N.Y. 2007), which held that it does not. The article also independently applies the major techniques of statutory interpretation to the relevant portions of …

Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann

Michael D. Mann

No abstract provided.

Google Your Applicants: Prospective Employers Are Increasingly Vetting Candidates' Web Pages, Michael D. Mann

Michael D. Mann

No abstract provided.

Some Job Hunters Are What They Post, Michael D. Mann

Michael D. Mann

Plug a prospective employee's name into an Internet search engine, and you might be surprised at what you find. Web pages may tell hiring attorneys that the person they just interviewed wrote for an undergraduate newspaper or belonged to a specific sorority, but the Web may also reveal the recent interviewee's drink of choice and dating status. Law firms can use the Internet for their own recruiting needs, says attorney Michael D. Mann, but they should take what they read on the Web with a grain of salt.

Online Privacy Policies: Contracting Away Control Over Personal Information?, Allyson W. Haynes

Allyson Haynes Stuart

Individuals disclose personal information to websites in the course of everyday transactions. The treatment of that personal information is of great importance, as highlighted by the recent spate of data breaches and the surge in identity theft. When websites share such personal information with third parties, the threat of its use for illegal purposes increases. The current law allows website companies to protect themselves from liability for sharing or selling visitors’ personal information to third parties by focusing on disclosures in privacy policies, not on substantive treatment of personal information. Because of the low likelihood that a visitor will read …

The Ethical Obligations Of Lawyers, Law Students And Law Professors Telling Stories On Web Logs, Anna Hemingway

Anna P. Hemingway

Review Of Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Ann Bartow

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …

Introducing A Take-Down For Trade Secrets On The Internet, Elizabeth A. Rowe

Elizabeth A Rowe

When a trade secret owner discovers its trade secrets have been posted on the Internet, there is currently no legislative mechanism by which the owner can request that the information be taken down. The only remedy to effectuate removal of the material is to obtain a court order, usually through a temporary restraining order or a preliminary injunction. In an earlier article I explored and analyzed the tremendous danger to trade secrets that have been posted on the Internet. Indeed, the trade secret status is most often lost forever. Accordingly, upon discovering a posting of secret information, trade secret owners …

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello