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Full-Text Articles in Law
Newsgroups Float Into Safe Harbor, And Copyright Holders Are Sunk, Alicia L. Wright
Newsgroups Float Into Safe Harbor, And Copyright Holders Are Sunk, Alicia L. Wright
Duke Law & Technology Review
Usenet newsgroups are swiftly becoming a popular vehicle for pirating digital music, movies, books, and other copyrighted works. Meanwhile, courts ignore Usenet’s tremendous potential for copyright infringement. In Ellison v. Robertson, the Ninth Circuit Court of Appeals found that America Online’s Usenet service might qualify for safe harbor under the Digital Millennium Copyright Act. According to the district court below, safe harbor would preclude a finding of secondary copyright infringement against America Online. However, the courts misinterpreted the safe harbor provisions. One safe harbor provision was misapplied and another was ignored altogether. This iBrief critiques the Ellison opinions and analyzes …
Injunction Junction: Remembering The Proper Function And Form Of Equitable Relief In Trademark Law, Ryan Mcleod
Injunction Junction: Remembering The Proper Function And Form Of Equitable Relief In Trademark Law, Ryan Mcleod
Duke Law & Technology Review
Injunctions are supposed to be among the most extraordinary remedies in the American judicial system, yet they have become anything but rare in trademark litigation. Although the unique nature of trademark protection may explain the frequency of injunctive relief, the process by which this relief is issued is rapidly devolving into rubber-stamping by the courts. This iBrief argues that courts should (1) recommit themselves to the principles of equity before granting injunctions and (2) seriously apply the specificity requirements of Rule 65(d) of the Federal Rules of Civil Procedure to avoid overly broad orders.
Download, Stream, Or Somewhere In Between: The Potential For Legal Music Use In Podcasting, Benjamin Aitken
Download, Stream, Or Somewhere In Between: The Potential For Legal Music Use In Podcasting, Benjamin Aitken
Duke Law & Technology Review
Podcasting is an increasingly popular new digital technology with the potential to be a great conduit of expression. Currently, the use of music is limited in podcasting due in large part to uncertainty as to what rights must be licensed before copyrighted music can be used legitimately. This iBrief examines what legal rights are implicated by podcasting by analyzing U.S. copyright law and comparing related technologies. This iBrief concludes that onerous licensing requirements are unnecessary, and for podcasting to realize its potential, a simple licensing framework must be established.