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John O. Hayward

Intellectual Property Law

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Articles 1 - 5 of 5

Full-Text Articles in Law

Hysteria Over Sexting: A Plea For A Common Sense Approach, John O. Hayward Mar 2012

Hysteria Over Sexting: A Plea For A Common Sense Approach, John O. Hayward

John O. Hayward

Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …


Is Sexting The New Witchcraft? A Plea For A Common Sense Approach., John O. Hayward Sep 2011

Is Sexting The New Witchcraft? A Plea For A Common Sense Approach., John O. Hayward

John O. Hayward

Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …


Is Sexting The New Witchcraft? A Plea For A Common Sense Approach, John O. Hayward Aug 2011

Is Sexting The New Witchcraft? A Plea For A Common Sense Approach, John O. Hayward

John O. Hayward

Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …


Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward Aug 2010

Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward

John O. Hayward

In October 2006, thirteen-year-old Megan Meier committed suicide because of postings on MySpace, an Internet social networking site. As a result, twenty-one states have passed statutes prohibiting cyber bullying, i.e., bullying by electronic means. Many of these laws threaten student free speech. This article examines cyber bullying, the laws it has spawned, how they chill student speech, their constitutionality, and proposes a Model Anti-Cyber Bullying Law.


Grokster Unplugged: It's Time To Legalize P2p File Sharing, John O. Hayward Sep 2007

Grokster Unplugged: It's Time To Legalize P2p File Sharing, John O. Hayward

John O. Hayward

Although the U.S. Supreme Court in 2005 held that providers of P2P file sharing software could be liable for contributory copyright infringement, millions of people continue to illegally download music and movies in spite of the threat of litigation from the RIAA. The paper argues that the entertainment industry has never been in the forefront of technological innovation, while copyright laws prohibiting P2P are regarded as lacking legitimacy, much like Prohibition in the 1920’s and speeding and public morality laws today. Since enforcement of the law is leading to invasions of privacy, the stifling of technological innovation, and the criminalization …