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Full-Text Articles in Law
Towards A Functional Definition Of Publication In Copyright Law, Thomas F. Cotter
Towards A Functional Definition Of Publication In Copyright Law, Thomas F. Cotter
Thomas F. Cotter
The questions of whether, when, and where an author has “published” her work of authorship traditionally has given rise to, and continues to give rise to, numerous consequences, including the protectability of the work under U.S. copyright law; the running of various time periods, including a grace period for registering the copyright and the termination of copyright in works made for hire; the applicability of fair use and other exceptions to copyright liability; and the imposition of the duty to deposit two copies of the work with the Library of Congress. Although the 1976 Copyright Act, unlike its predecessors, includes …
Internet Packet Sniffing And Its Impact On The Balance Of Power , Robert M. Frieden
Internet Packet Sniffing And Its Impact On The Balance Of Power , Robert M. Frieden
Rob Frieden
Internet Packet Sniffing and Its Impact on the Balance of Power Between Intellectual Property Creators and Consumers Rob Frieden Professor, Penn State University 102 Carnegie Building University Park, Pennsylvania 16802 (814) 863-7996; rmf5@psu.edu web site: http://www.personal.psu.edu/faculty/r/m/rmf5/ Previously Internet Service Providers (“ISPs”) had little incentive or technological capability to deviate from plain vanilla best efforts routing for content without examining the nature and type of traffic. Serving as a neutral conduit also provided the means to qualify for a safe harbor exemption from liability for carrying copyright infringing traffic provided by Section 512 of the Digital Millennium Copyright Act. Operators of …
Neither Fish Nor Fowl: New Strategies For Selective Regulation Of Information Services, Robert M. Frieden
Neither Fish Nor Fowl: New Strategies For Selective Regulation Of Information Services, Robert M. Frieden
Rob Frieden
Neither Fish Nor Fowl: New Strategies for Selective Regulation of Information Services Rob Frieden Professor, Penn State University 102 Carnegie Building University Park, Pennsylvania 16802 (814) 863-7996; rmf5@psu.edu web site: http://www.personal.psu.edu/faculty/r/m/rmf5/ The Federal Communications Commission (“FCC”) has created a dichotomy between telecommunications and information services with an eye toward limiting traditional common carrier regulation to the former category. This regulatory dichotomy provides the basis for exempting most Internet-mediated services from traditional telephony regulation that requires carriers to provide nondiscriminatory network interconnection even with competitors. To support its deregulatory mission the FCC has found ways to subordinate the telecommunications components in …
The Public Network, Thomas B. Nachbar
The Public Network, Thomas B. Nachbar
Thomas B Nachbar
This article addresses the timely yet persistent question of how best to regulate access to telecommunications networks. Concerns that private firms may use their ownership of communications networks to their own economic advantage has led many to propose restrictions, variously referred to as “network neutrality” or “open access” proposals, on network operators. To date, the network neutrality debate has focused almost exclusively on economic arguments for or against such regulation. Taking a step back from current debates, this paper seeks to derive from established law the accepted bases for imposing nondiscrimination rules and then to work forward to ask whether …
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Jacqueline D Lipton
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Jacqueline D Lipton
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet , Eugene Goryunov, Mark V. Polyakov
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet , Eugene Goryunov, Mark V. Polyakov
Mark V Polyakov
The Marking Statute expressly limits the patent owner’s recovery of damages if the patent owner itself, anyone making, offering for sale, or selling failed to mark its patented invention, sold within the United States, with the associated patent number. In these cases, damages must be limited to those that accrue after the infringer is provided actual notice of infringement. The authors suggest that, in light of relevant jurisprudence and the purpose of the Marking Statute, owners of patents that are directed to any business activities on the Internet should mark their own websites, and require their licensees to mark their …
A Listener’S Free Speech, A Reader’S Copyright, Malla Pollack
A Listener’S Free Speech, A Reader’S Copyright, Malla Pollack
Malla Pollack
Despite the Supreme Court’s repeated use of free speech doctrine to derail media reforms, some reform is possible. As Jerome A. Barron recognized, the Court’s central error is hypothesizing a romanticized speaker. The Court’s copyright jurisprudence is similarly marred by its congruent focus on a romanticized author. The original and continuing central purpose of both copyright and free speech is the wide distribution of material to citizens – especially when politically relevant information and opinions are involved. The Constitution’s copyright clause, Article I, section 8, clause 8, allows Congress the power to enact only such statutes as encourage the “progress” …