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Articles 1 - 5 of 5
Full-Text Articles in Consumer Protection Law
The Intel And Microsoft Settlements, Robert H. Lande
The Intel And Microsoft Settlements, Robert H. Lande
All Faculty Scholarship
This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.
Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth
Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth
Federal Communications Law Journal
In a remarkably short time, Google, Inc. has grown from two people working in a rented garage to a pervasive Internet force. Much of Google's unprecedented success stems from online advertising sales which employ behavioral advertising techniques-techniques that track consumer behavior--thereby increasing relevance and decreasing the cost of reaching a targeted audience. In the same span that saw Google's inception and explosive online dominance, the Federal Trade Commission has struggled to define not only the privacy issues involved in online behavioral advertising, but also the practice of behavioral advertising itself. Freed from the restraints of comprehensive federal laws and restrictive …
Are State Consumer Protection Acts Really Little-Ftc Acts?, Henry N. Butler, Joshua D. Wright
Are State Consumer Protection Acts Really Little-Ftc Acts?, Henry N. Butler, Joshua D. Wright
Faculty Working Papers
ABSTRACT: State Consumer Protection Acts (CPAs) were designed to supplement the Federal Trade Commission's mission of protecting consumers and are often referred to as "little-FTC Acts." There is growing concern that enforcement under these acts is not only qualitatively different than FTC enforcement, but may be counterproductive for consumers. This article examines a sample of CPA claims and compares them to the FTC standard. It identifies qualitative differences between CPA and FTC claims by commissioning a "Shadow Federal Trade Commission" of experts in consumer protection. The study finds that many CPA claims include conduct that would not be illegal under …
Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser
Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser
Publications
For centuries, the fair use doctrine has been the main--if not the exclusive--bastion of user rights. Originating in the English courts of equity, the doctrine permitted users, under appropriate circumstances, to employ copyrighted content without the rightsholder's consent. In the current digital media environment, however, the uncertainty that shrouds fair use and the proliferation of technological protection measures undermine the doctrine and its role in copyright policy. Notably, the enactment of the Digital Millennium Copyright Act, which prohibits the circumvention of technological protection measures even for fair use purposes, has diminished the ability of fair use to counterbalance a copyright …
Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein
Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein
Adam Epstein
This article explores the legal and regulatory environment of multi-level marketing companies also known as MLM. Legal research is lacking in this area of business law though the regulatory environment involves a combination of federal and state laws including administrative agencies such as the FTC and SEC. In the current down economy, criminal enterprises such as Ponzi schemes have been exposed. MLMs are often compared to Ponzi and pyramid schemes and do share similarities. The article offers that personal responsibility is vital when determining whether to join any MLM in light of the volume of resources available on the internet.