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Articles 91 - 115 of 115
Full-Text Articles in Law
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas
UIC Law Review
No abstract provided.
Communication Indecency: Why The Communications Decency Act, And The Judicial Interpretation Of It, Has Led To A Lawless Internet In The Area Of Defamation, Colby Ferris
Barry Law Review
First, this article explores how law of defamation has been applied in the brick and mortar world, and how those same principles were applied to the cyber world. Next it looks at Congress’s legislation of defamation law on the Internet, and how that legislation has been applied in court. Finally, it evaluates the changing attitude toward that legislation, and changes Congress should consider making.
Whose Burden Is It Anyway? Addressing The Needs Of Content Owners In Dmca Safe Harbors, Greg Janson
Whose Burden Is It Anyway? Addressing The Needs Of Content Owners In Dmca Safe Harbors, Greg Janson
Federal Communications Law Journal
Much of today's network neutrality debate addresses concerns that cable providers will limit access to competing Web-based services delivering multimedia content. While proposals to mandate nondiscrimination for all Internet traffic surely will help create a competitive environment where online entertainment providers can prosper, ISP interference is not the only threat. Online entertainment sites that relay user-generated content are threatened by crippling litigation brought by copyright holders for actions taken by third parties using their services. Reliance on the safe harbors provided in the Digital Millennium Copyright Act has, in most cases, proved unsuccessful. This Note addresses the concerns of both …
A Call For Judicial Scrutiny: How Increased Judicial Discretion Has Led To Disparity And Unpredictability In Federal Sentencings For Child Pornography, Loren Rigsby
Seattle University Law Review
The United States Sentencing Commission (USSC) has made child pornography related crimes among the most harshly punishable federal offenses. Nevertheless, sentencing judges have regained the right to depart from the recommended Federal Sentencing Guidelines (Guidelines). The Guideline range for child pornography reflects sound and clear congressional intent to impose harsh penalties on defendants to deter, and ultimately eliminate, the market for child pornography. For this reason, this Comment argues that sentences that fall outside the Guidelines range should be reviewed with much greater scrutiny and should not be used solely to reflect a judge’s view that the advised sentence is …
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm
Maryland Law Review
No abstract provided.
Bloodsucking Copyrights , Ann Bartow
Libraries, Digital Content, And Copyright, Laura N. Gasaway
Libraries, Digital Content, And Copyright, Laura N. Gasaway
Vanderbilt Journal of Entertainment & Technology Law
Libraries use, acquire, create and host generate digital content. They digitize their existing collections of works such as letters, diaries and manuscripts and post them on library websites. Increasingly, libraries are utilizing digital technology to preserve library works which may or may not be made available to the public. Libraries also create, manage and host user generated content such as posts on discussion boards, blogs, wikis, RSS feeds, social bookmarking, tagging, and social networks. Libraries use user generated content for internal library purposes, such as displays and events and for teaching. Further, libraries often are asked to assist users who …
No Confusion Here: Proposing A New Paradigm For The Litigation Of Keyword Advertising Trademark Infringement Cases, Rachel R. Friedman
No Confusion Here: Proposing A New Paradigm For The Litigation Of Keyword Advertising Trademark Infringement Cases, Rachel R. Friedman
Vanderbilt Journal of Entertainment & Technology Law
Internet search engines such as Google and Yahoo! earn a majority of their profit from selling advertisements to appear next to search results. Google's coveted advertising space, however, causes nightmares for trademark holders when their trademarks are auctioned by Google to competitors as keywords to trigger the competitors' advertisements when the trademark is used as a search term. Advertisers strategically bid on trademarks of competitors to ensure that their ads appear whenever the trademark is used as a search term, instead of the advertisements of the trademark holder. For example, Nike could bid on the trademark for "Adidas," with the …
Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton
Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton
Maryland Law Review
No abstract provided.
The Patentability Of Electromagnetic And Acoustic Signals In Canada, Natalie Raffoul
The Patentability Of Electromagnetic And Acoustic Signals In Canada, Natalie Raffoul
Canadian Journal of Law and Technology
The issue of the patentability of electromagnetic and acoustic signals has not been litigated in Canada. If, however, the issue does come forward for litigation, Canadian courts may decide differently than their American colleagues did. The Supreme Court of Canada’s ‘Harvard Mouse’ decision shows that the Canadian law on patentable subject matter differs from American law. Under the Canadian definition of manufacture, electromagnetic and acoustic signals could constitute patentable subject matter.
Book Review: E-Discovery In Canada, Robert J. Currie
Book Review: E-Discovery In Canada, Robert J. Currie
Canadian Journal of Law and Technology
It is not hyperbolic to say that the proliferation of electronically stored information (ESI) is probably the most prominent change-harbinger and potential havoc-wreaker in civil litigation today — second only, perhaps, to the spiralling costs of litigation itself. Indeed, the practical and legal difficulties associated with the storage, gathering, preservation, disclosure and evidentiary use of ESI have the potential to act as a Trojan Horse, causing what would previously have been ordinary cases to implode under their weight. Increasing recognition of this is evident; electronic discovery (e-discovery) cases have begun to emerge in the reports, a successful co-operative effort by …
A New Approach To Data Security Breaches, Gideon Emcee Christian
A New Approach To Data Security Breaches, Gideon Emcee Christian
Canadian Journal of Law and Technology
This article examines the problems associated with data security breaches from two different, but not mutually exclusive, perspectives. The first part of the article examines the need for notification in the event of a data security breach and proposes an amendment of the Personal Information Protection and Electronic Document Act (PIPEDA) to create a legal, or statutory, obligation in Canada to compel disclosure or notification of data security breaches. My recommendations are based on the examination of legislation from other legal jurisdictions, highlighting, where necessary, the shortcomings of the legislation, which ought to be taken into consideration in amending PIPEDA …
Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa
Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa
Canadian Journal of Law and Technology
This article considers whether the permissive disclosure provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its substantially similar counterparts mean that law enforcement agents have ready access to information about our movements and activities, or whether s. 8 of the Charter plays a role in limiting the circumstances in which disclosure without notice or consent may take place.
Fessing Up To Facebook: Recent Trends In The Use Of Social Network Websites For Civil Litigation, Pamela D. Pengelley
Fessing Up To Facebook: Recent Trends In The Use Of Social Network Websites For Civil Litigation, Pamela D. Pengelley
Canadian Journal of Law and Technology
For professional “fact-gatherers” such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking gun, depending on your perspective. The personal information contained in a Facebook profile may be highly relevant to matters at issue in litigation; when dealing with claims, particularly in the personal injury context, the information contained on a Facebook page can make or break a case. It is, therefore, crucial that legal and insurance professionals stay informed of new developments in this emerging area of law. This article, written with …
Groundwork For Assessing The Legal Risks Of Cyberjustice, François Senécal, Karim Benyekhlef
Groundwork For Assessing The Legal Risks Of Cyberjustice, François Senécal, Karim Benyekhlef
Canadian Journal of Law and Technology
It is clear that the use of information technology is quickly becoming a necessity for the justice system. In civil cases, delays and costs are causing individuals to abandon the courts, and cases that make it to trial are of ever-increasing complexity. Moreover, public security is weakened by the inefficient and cumbersome conditions by which criminal justice information circulates among the various stakeholders, such as the police, prosecutors, the courts, penitentiaries and parole boards, to name only a few. It becomes apparent that information technology has much to offer individuals involved in court cases and the justice system as a …
Google Adwords And Canadian Trademark Law, Reed W. Taubner
Google Adwords And Canadian Trademark Law, Reed W. Taubner
Canadian Journal of Law and Technology
This article aims to answer two questions: should business competitors be allowed to use each other’s goodwill in this way and, if so, can trademark law police the program without stifling competition? Part I examines the technical aspects of the AdWords program. Part II explores the underlying rationales of trademark law to start developing a normative position. Part III reviews the American jurisprudence and commentary to hone that normative position and to identify a compatible legal framework. Part IV compares that framework against Canadian law.
This article endorses the work of Misha Gregory Macaw who, unlike some trademark expansionists, argues …
A Hole In The Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy Gordon
A Hole In The Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy Gordon
SMU Science and Technology Law Review
No abstract provided.
Google Books: Page By Page, Click By Click, Users Are Reading Away Privacy Rights, Kathleen E. Kubis
Google Books: Page By Page, Click By Click, Users Are Reading Away Privacy Rights, Kathleen E. Kubis
Vanderbilt Journal of Entertainment & Technology Law
Google Books will likely become the world's most extensive book and magazine search and browsing resource, library, and bookstore--combined. However, as users necessarily reveal personal identifying information through their book searches and reading habits, this service poses a significant threat to personal privacy.
Because the Google Books Amended Settlement Agreement neglects to meaningfully address user privacy, the only available privacy protections are the limited rights bestowed by the Google Books Privacy Policy and the Google Privacy Policy. Unfortunately, these Privacy Policies protect the interests of Google at the expense of users.
The enactment of federal privacy statutes, which include provisions …
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
Downloading Personhood: A Hegelian Theory Of Copyright Law, Karla M. O'Regan
Downloading Personhood: A Hegelian Theory Of Copyright Law, Karla M. O'Regan
Canadian Journal of Law and Technology
This article will examine these responses, identifying the competing interests at work in both traditional copyright schemes and contemporary Internet-based criticisms, and put forth a theory of copyright law capable of ad- dressing the needs of these rival interests in an advanced technological era.
Part I delineates some of the more prominent theories copyright scholars have offered in response to the “IP-IT crisis.” Part II attempts to identify the source of these problems by first examining conventional justifications for copyright and the competing interests inherently at work in its conception. Part III identifies three specific factors I argue are particularly …
Strong Medicine: Patents, Market, And Policy Challenges For Managing Neglected Diseases And Affordable Prescription Drugs, Taiwo A. Oriola
Strong Medicine: Patents, Market, And Policy Challenges For Managing Neglected Diseases And Affordable Prescription Drugs, Taiwo A. Oriola
Canadian Journal of Law and Technology
The article is divided into six parts. Part one deals with the introduction, part two discusses the evolution of modern medicine and the socio-economic dynamics that shape the current prescription drug economics, part three discusses the pharmaceutical costs conundrum, part four analyses neglected diseases and the scale of the problem, part five discusses the role of patents on the pharmaceuticals costs trajectory and reviews literature on possible alternatives to promoting incentives for pharmaceuticals R&D, and part six sums up the discourse and reiterates the solutions to the problems identified.
The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig
The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig
Canadian Journal of Law and Technology
In this article, I explore the important body of scholarship that has emerged over this time on the substance, nature, and role of the public domain. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a fairly comprehensive, but concise, review of this academic movement that has been directed towards substantiating and politicizing the concept of the public domain; and second, I hope to re-situate …
Web 2.0 Regulation: A Risk Management Process, Pierre Trudel
Web 2.0 Regulation: A Risk Management Process, Pierre Trudel
Canadian Journal of Law and Technology
In order to describe the law relating to Web 2.0, we have to look at the normativity that really operates there. Effective norms engender strong enough risks for stakeholders that they find it in their interest to comply. State legislation is not the only thing that governs Internet activities; the normativity that governs the resources associated with Web 2.0 flows from what the technology permits and prohibits, and also largely from stakeholder practices. Configurations and practices create risk or shift risk onto others. However, state regulators may consider that the risks arising out of Internet activities are worrisome enough that …
You Can Have It, But Can You Hold It?: Treating Domain Names As Tangible Property, Daniel Hancock
You Can Have It, But Can You Hold It?: Treating Domain Names As Tangible Property, Daniel Hancock
Kentucky Law Journal
No abstract provided.
Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford
Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford
Kentucky Law Journal
No abstract provided.