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Full-Text Articles in Law

Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg Feb 2003

Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg

Faculty Scholarship

Travaux pour obtenir le grade de Docteur De L'Universite Paris I. Discipline: Droit. Sujet des publications: Le Droit Et Les Reseaux Internationaux D'Information


Bargaining In The Shadow Of Copyright Law After Tasini, Maureen A. O'Rourke Jan 2003

Bargaining In The Shadow Of Copyright Law After Tasini, Maureen A. O'Rourke

Faculty Scholarship

Copyright law often provides the background rules against which bargaining over rights in works of information takes place. By granting creators of works of authorship certain exclusive rights and providing protection against infringement of those rights, copyright law effectively gives authors bargaining chips to use in negotiations with those who would exploit their works in some way. Generally, however, copyright law does not explicitly address imbalances in bargaining power that affect the division of the surplus between the parties to a copyright license. When the would-be exploiter of the copyrighted work wields some degree of market power or brings significant …


Network Neutrality, Broadband Discrimination, Tim Wu Jan 2003

Network Neutrality, Broadband Discrimination, Tim Wu

Faculty Scholarship

Communications regulators over the next decade will spend increasing time on conflicts between the private interests of broadband providers and the public's interest in a competitive innovation environment centered on the Internet. As the policy questions this conflict raises are basic to communications policy, they are likely to reappear in many different forms. So far, the first major appearance has come in the "open access" (or "multiple access") debate, over the desirability of allowing vertical integration between Internet Service Providers and cable operators. Proponents of open access see it as a structural remedy to guard against an erosion of the …