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2006

Computer Law

Selected Works

Articles 1 - 4 of 4

Full-Text Articles in Law

Copyright And Breathing Space, Joseph Liu Oct 2006

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

According to the U.S. Supreme Court, copyright law’s fair use and idea/expression doctrines are “built-in free speech safeguards” that establish a “definitional balance” between copyright and the First Amendment. Yet these “built-in free speech safeguards” are among the most uncertain and ill-defined doctrines in all of copyright law. If we accept the Supreme Court’s statement that these doctrines play a critical role as First Amendment safety valves, it follows that the chilling effect of uncertainty in these doctrines has a constitutional dimension. Current copyright law doctrine, however, fails to take into account the potential chilling effect of copyright liability. This …

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The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu Oct 2006

The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu

Joseph P. Liu

Providing legal framework for digital rights management.

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Third Party Copyright After Grokster, Alfred C. Yen Dec 2005

Third Party Copyright After Grokster, Alfred C. Yen

Alfred C. Yen

This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third party copyright liability is unclear. Grokster involved a claim of third party liability against defendants whose technology supported the sharing of music over the Internet, and it represents the Supreme Court’s attempt to bring coherence to the relevant law.

Grokster is a difficult case to understand. It added a new …

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The Blogosphere And The New Pamphleteers, Donald J. Kochan Dec 2005

The Blogosphere And The New Pamphleteers, Donald J. Kochan

Donald J. Kochan

The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …

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