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Full-Text Articles in Law
Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn
Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn
Michigan Telecommunications & Technology Law Review
Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …
Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin
Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin
Michigan Telecommunications & Technology Law Review
The disfavored status within international law of unilateral state-based regulations that target extraterritorial actors arises from the inherent challenges such actions represent to state sovereignty. In the context of the Internet, the complexity of choice-of-law analysis is heightened: regulations imposed by one state have the potential to effectively block communications to citizens of all states and undermine the conflicting regulatory aims of neighboring states. Early legal commentators built upon this cascading chilling effect of state-based regulation to proclaim both the futility and illegitimacy of state-based action in the online environment. Subsequent scholars have demonstrated the commensurability of state-based online regulation …
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Michigan Journal of International Law
Three years ago, two French public interest groups, La Ligue Contre le Racisme et L'Antisemitisme (LICRA) and LUnion des Etudiants Juifs De France (UEJF), sued Yahoo! Inc., a Delaware corporation headquartered near Santa Barbara, California, in the Tribunal de Grande Instance in Paris. The undisputed facts underlying the complaint were that: Yahoo! Inc. operated, inter alia, an auction website on which various Nazi memorabilia (such as flags, stamps, and military souvenirs) were offered for sale; the respective Yahoo! Inc. website was accessible in France; and the display of the Nazi memorabilia was illegal under French law. The French plaintiffs sought …
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Michigan Journal of International Law
The Article begins with a review of the relevant rules governing enforcement of foreign judgments in the United States. Part II explains how courts have unpersuasively applied these rules when refusing to enforce foreign libel judgments. Part III then explains how the Yahoo! court adopted much of this faulty reasoning. Finally, Part IV explains the considerations that better justify judicial refusal to enforce speech-restrictive foreign judgments, especially those triggered by Internet speech. The Article concludes that the prospect that U.S. Internet speakers will choose to speak only to a U.S. audience-even when their speech would be legal everywhere-is the most …