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Full-Text Articles in Communication

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett Dec 2008

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …


Converged Service Of Data, Video And Voice – Readiness Of Pakistani Market, Syed Irfan Nabi, Danish Abrar, Karim Chagani, Adnan Anwar Khan, Anwar Ul Haq Jul 2008

Converged Service Of Data, Video And Voice – Readiness Of Pakistani Market, Syed Irfan Nabi, Danish Abrar, Karim Chagani, Adnan Anwar Khan, Anwar Ul Haq

Business Review

This paper reports selective results of the study to explore the acceptability and readiness of consumers to switch from existing separate date, voice and video services to a single converged service over a fixed line. Providing a converged service requires effort in three areas i.e. convergence supporting technology, converged (unified) service offering and development of access devices. This study is only about a converged service offering. Market for Cable TV service in Pakistan is more established and mature as compared to that of Internet. Research question of this study was that ‘broadband alone may not be able to create a …


The U.S. On Tilt: Why The Unlawful Internet Gambling Enforcement Act Is A Bad Bet, Gerd Alexander Jun 2008

The U.S. On Tilt: Why The Unlawful Internet Gambling Enforcement Act Is A Bad Bet, Gerd Alexander

Duke Law & Technology Review

The United States federal government’s attempts to curb Internet gambling are beginning to resemble a game of whack-a-mole. The Unlawful Internet Gambling Enforcement Act of 2006 (the "UIGEA" or "Act") represents its most recent attack on Internet gambling. This iBrief first looks at U.S. attempts to limit Internet gambling and how those efforts have affected gambling law and business. It then discusses how the UIGEA works and highlights some of its major limitations. This iBrief argues that the UIGEA will not only fail to rein in online gambling, but that the U.S. federal government is treading an improvident course towards …


Information Technology Acceptance In South Africa: An Investigation Of Perceived Usefulness, Perceived Ease Of Use, And Actual System Use Constructs, Udo Richard Averweg Jun 2008

Information Technology Acceptance In South Africa: An Investigation Of Perceived Usefulness, Perceived Ease Of Use, And Actual System Use Constructs, Udo Richard Averweg

The African Journal of Information Systems

Information technology (IT) acceptance studies pay much attention to issues of significance in assessing the contributions of variables explaining IT usage for decision-making in organizations. Davis’ Technology Acceptance Model (TAM) states that Perceived Usefulness (PU) and Perceived Ease of Use (PEOU) are the two factors that govern the adoption and use of information technology. Actual System Use (behavior) consists of the number of times of systems use. The author conducted a survey of 31 organizations in KwaZulu/Natal, a region in South Africa, which implemented an Executive Information System (EIS). A validated survey instrument was administered to an EIS stakeholder in …


Taxation Of Virtual Assets, Scott Wisniewski May 2008

Taxation Of Virtual Assets, Scott Wisniewski

Duke Law & Technology Review

The development of vast social networks through Massively Multiplayer Online Role-Playing Games has created in-game communities in which virtual assets have real-world values. The question has thus arisen whether such virtual assets are legal subjects of taxation. This iBrief will detail and discuss the various exclusions to taxable income, and analyze their application to the possibility of creating potential tax liability based on in-kind exchanges of virtual assets.


Fcc Regulation: Indecency By Interest Groups, Patricia Daza Mar 2008

Fcc Regulation: Indecency By Interest Groups, Patricia Daza

Duke Law & Technology Review

FCC regulations are among the most controversial administrative law regulations because of their impact on broadcast television. This iBrief analyzes the history of FCC regulation and highlights the problems associated with the current model. Applying theories of economics, this iBrief proposes solutions to the current problems of selective enforcement and vagueness in enforcement. While the Supreme Court recognized that FCC regulation is necessary, it is also necessary for there to be a clearer model for how the agency should be run.


Is The Internet A Viable Threat To Representative Democracy?, David M. Thompson Jan 2008

Is The Internet A Viable Threat To Representative Democracy?, David M. Thompson

Duke Law & Technology Review

The Internet, despite its relatively recent advent, is critical to millions of Americans’ way of life. Although the Internet arguably opens new opportunities for citizens to become more directly involved in their government, some scholars fear this direct involvement poses a risk to one of the Constitution’s most precious ideals: representative democracy. This iBrief explores whether the constitutional notion of representation is vulnerable to the Internet’s capacity to open new vistas for a more direct democracy by analyzing statistics and theories about why voters in the United States do or do not vote and by examining the inherent qualities of …


Evolving On-Line Empowerment: The Manchu Identity Revival Since The 1980s, Lian Bai Jan 2008

Evolving On-Line Empowerment: The Manchu Identity Revival Since The 1980s, Lian Bai

Maryland Series in Contemporary Asian Studies

No abstract provided.


Online File Sharing: Resolving The Tensions Between Privacy And Property, Frances Grodzinsky, Herman T. Tavani Jan 2008

Online File Sharing: Resolving The Tensions Between Privacy And Property, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

This essay expands upon an earlier work (Grodzinsky and Tavani, 2005) in which we analyzed the implications of the Verizon v RIAA case for P2P Networks vis-à-vis concerns affecting personal privacy and intellectual property. In the present essay we revisit some of the concerns surrounding this case by analyzing the intellectual property and privacy issues that emerged in the MGM Studios v. Grokster case. These two cases illustrate some of the key tensions that exist between privacy and property interests in cyberspace. In our analysis, we contrast Digital Rights Management (DRM) and Interoperability and we examine some newer distribution models …