Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Conflict of Laws
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Michigan Journal of International Law
Instead of attacking or defending the French or the U.S. courts, this Article proposes to focus on the Yahoo! case from a different perspective. As is argued in Section III.D below, disputes like the Yahoo! case over which country's laws apply to a website and its operator seem likely to proliferate as Internet usage expands, demanding significant enforcement resources from countries and posing important compliance challenges for companies and other organizations operating on the Internet. Thus, it may be useful to consider developing an international agreement that would address, and in many instances resolve, such disputes about "jurisdiction to prescribe” …
Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl
Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl
Michigan Journal of International Law
This article contends that in the digital era, the current system of national, territorially limited copyright laws requires a flexible copyright choice of law regime. To promote certainty and predictability in the choosing of the copyright law applicable to acts of exploitation, choice of law rules should use the location of a user as the principal factor to determine the applicable copyright law. In appropriate circumstances, the choice of law rules should allow the application of a multitude of national copyright laws to single acts of use on digital networks. This article also argues that a broad application of flexible …
Choosing Law With An Eye On The Prize, Russell J. Weintraub
Choosing Law With An Eye On The Prize, Russell J. Weintraub
Michigan Journal of International Law
Review of Choice of Law and Multistate Justice by Friedrich K. Juenger