Net Neutrality Ruling: What Are The Fcc's Options?,
2014
Boston College
Net Neutrality Ruling: What Are The Fcc's Options?, Daniel Lyons
Daniel Lyons
No abstract provided.
Rethink Possible When It Comes To Wireless Data Plans,
2014
Boston College
Rethink Possible When It Comes To Wireless Data Plans, Daniel Lyons
Daniel Lyons
From the introduction: The blogosphere has been abuzz this week with AT&T's introduction of a new "sponsored data" service. Under this service, Internet content providers such as Google or Yahoo could agree to pay for the data that the customer would otherwise incur when accessing the provider's services on his or her mobile device. This allows the customer to consume sponsored content without it counting against the customer's monthly data limit.
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders,
2014
Texas State University
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing,
2014
UC Law SF
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing, Mark R. Arbuckle
UC Law SF Communications and Entertainment Journal
There is a fundamental inconsistency in the current political fairness and access rules for U.S. broadcasting. While political candidates enjoy a long-standing right of access to broadcast stations to express their views and attack and answer attacks from opponents, stations have no obligation to be fair to noncandidate citizens who may be personally attacked, nor to make any good-faith effort to present opposing views on controversial public issues. However, this has not always been the case. Under the Fairness Doctrine, in place from 1949 to 1987, broadcasters were expected to present controversial issues of public importance and provide reasonable opportunity …
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing,
2014
UC Law SF
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing, Jasmine A. Braxton
UC Law SF Communications and Entertainment Journal
This note examines the possibility of a unified transnational licensing system for digital streaming services. The note reviews the development of current streaming services and their individual struggles with domestic copyright law as a barrier to entry to new markets. The note draws a connection between the rise of streaming services and the reduction in piracy in certain regional markets. Finally, the note analyzes previous approaches to multinational licensing and uses these current streaming services in case studies to exemplify how successful a global licensing syndicate would be.
Copyright And Choreography: The Negative Costs Of The Current Framework For Licensing Choreography And A Proposal For An Alternative Licensing Model, Matt Kovac
UC Law SF Communications and Entertainment Journal
Although approaches rooted in copyright law are available, choreographers tend to rely instead on contract law in order to control distribution of their work; choreographers license their ballets to dance companies via contracts which are typically negotiated on an ad hoc basis. This relatively conservative approach allows choreographers to maintain tight artistic control over subsequent reproductions of their ballets, but it comes at a cost to both the dance community and the general public. This conservative approach to distribution means that a choreographic work may be performed infrequently or not at all, and it also forecloses the possibility for transformative …
Give Me Your Password: The Intrusive Social Media Policies In Our Schools,
2014
The Catholic University of America, Columbus School of Law
Give Me Your Password: The Intrusive Social Media Policies In Our Schools, Talon Hurst
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf,
2014
Pacific McGeorge School of Law
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf, Jenifer Gee
McGeorge Law Review
No abstract provided.
Blurred Lines - Where Copyright Ends And Cultural Appropriation Begins - The Case Of Robin Thicke Versus Bridgeport Music And The Estate Of Marvin Gaye, Toni Lester
UC Law SF Communications and Entertainment Journal
Were Robin Thicke and Pharrell Williams perpetuating perceptions of misappropriation when they filed their declaratory judgment claim against the estate of Marvin Gaye? Or were they legitimately contributing to the evolving genre of R&B and soul music originated by black greats like Gaye and others? This article will answer these questions by first exploring the extent to which the song "Blurred Lines" constitutes illegal copyright infringement of "Gotta Give It Up" under the U.S. Copyright Act and traditional judicial interpretations thereof. It will then make some predictions about the outcome of the declaratory judgment claim currently under consideration in California.
Pinterest's Secondary Liability: The Dmca Implications Of Holding Pinterest Responsible And What Pinterest Can Do To Avoid Liability,
2014
UC Law SF
Pinterest's Secondary Liability: The Dmca Implications Of Holding Pinterest Responsible And What Pinterest Can Do To Avoid Liability, Monica Yun
UC Law SF Communications and Entertainment Journal
This note explores Pinterest's possible liabilities for copyright infringement and what it can possibly do to shield itself from prosecution. Part II will address the basics of Pinterest and how it relates to other social media and online service providers. Part III will delve into the legal background of the Copyright Act of 1976, the Digital Millennium Copyright Act of 1998, secondary liability, the fair use defense, and legislation that has already been proposed to address this issue. Part IV will analyze Pinterest's indirect liability and how it may use the fair use defense. And finally, Part V will propose …
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance,
2014
University of Miami School of Law
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Articles
No abstract provided.
Summary Judgment Motion,
2014
University of Arkansas - Main Campus
Summary Judgment Motion, Curtis J. Neeley Jr
Curtis J Neeley Jr
Read the ignored motion or ignore it like Hon Timothy L. Brooks already did.
Complaint For Violation Of Communications Privacy & Computer Frauds,
2014
University of Arkansas - Main Campus
Complaint For Violation Of Communications Privacy & Computer Frauds, Curtis J. Neeley Jr
Curtis J Neeley Jr
GOOG violations of communications privacy & computer frauds
Brief Supporting Summary Judgment Motion,
2014
University of Arkansas - Main Campus
Brief Supporting Summary Judgment Motion, Curtis J. Neeley Jr
Curtis J Neeley Jr
Brief Supporting IGNORED Motion for Summary Judgment
New Models And Conflicts In The Interconnection And Delivery,
2014
Penn State University
New Models And Conflicts In The Interconnection And Delivery, Rob Frieden
Rob Frieden
As the Internet has evolved and diversified, interconnection terms and conditions have changed between Internet Service Providers (“ISPs”). These carriers experiment with alternatives to conventional models that classify interconnection as either peering or transiting. The former typically involves interconnection between high capacity carriers whose transoceanic traffic volumes generally match thereby eliminating the need for a transfer of funds. Historically smaller carriers have paid transit fees to larger Tier-1 ISPs for the opportunity to secure upstream links throughout the Internet cloud. With the growing availability of bandwidth intensive, video content carried via the Internet, traffic volume disparities have increased between ISPs. …
Net Bias And The Treatment Of “Mission-Critical” Bits,
2014
Penn State University
Net Bias And The Treatment Of “Mission-Critical” Bits, Rob Frieden
Rob Frieden
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any distribution format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a particular channel and in a single presentation format. This paper assesses whether and how Internet Service Providers (“ISPs”) can …
When Open Government And Academic Freedom Collide,
2014
University of Missouri
When Open Government And Academic Freedom Collide, Jonathan Peters
Jonathan Peters
Uneasy is the balance between open government and academic freedom. Scholars have argued that using public records laws to obtain their emails is a form of harassment and intimidation. Nonprofits and political parties have argued that the public has a right to know that scholars are following university rules and properly using public resources. Against that backdrop, we have explored whether public records laws apply to faculty members and whether an exemption in those laws for academic freedom would be conceptually sound and consistent with other exemptions for communications and work product.
Tribunal Constitucional Y Proyecto De Ley De "Tv Digital". Sus Consecuencias Institucionales,
2014
Universidad del Desarrllo
Tribunal Constitucional Y Proyecto De Ley De "Tv Digital". Sus Consecuencias Institucionales, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
Este trabajo critica algunos aspectos de la sentencia del Tribunal Constitucional recaída en el proyecto de ley sobre Televisión Digital. Se argumenta que la misma descansa en una concepción paternalista que desconfía del ciudadano y que limita los alcances de nuestra democracia. El concepto de “pluralismo” y la imposición gratuita de campañas de interés públicos controladas políticamente, son algunas de las cuestiones donde la sentencia tiene un concepto débil tanto de la democracia como de la libertad de expresión. En seguida, el autor examina algunas consecuencias institucionales que tuvieron lugar a propósito de la tramitación del proyecto de ley respectivo, …
Celebrity Politicians And Publicity Rights In The Age Of Obama,
2014
UC Law SF
Celebrity Politicians And Publicity Rights In The Age Of Obama, Michael G. Bennett
UC Law SF Communications and Entertainment Journal
The right of publicity is a relatively marginalized yet increasingly radical form of intellectual property. Typically, celebrities use it to prevent freeloaders from profiting on their fame by making unauthorized use of their image, likeness or signature to make goods or services more attractive to consumers. The right of publicity allows famous individuals to stop this type of behavior by providing a property right in identity or persona. Brandished by celebrities who are also political figures, though, the doctrine can become a powerful means of chilling political speech, and therefore a direct threat to First Amendment free speech rights. The …
Aerevolution: Why We Should, Briefly, Embrace Unlicensed Online Streaming Of Retransmitted Broadcast Television Content, 13 J. Marshall Rev. Intell. Prop. L. 577 (2014),
2014
UIC School of Law
Aerevolution: Why We Should, Briefly, Embrace Unlicensed Online Streaming Of Retransmitted Broadcast Television Content, 13 J. Marshall Rev. Intell. Prop. L. 577 (2014), Bradley Ryba
UIC Review of Intellectual Property Law
The United States has long recognized broadcast television programming’s importance to the public’s information and entertainment needs. Accordingly, Congress has historically offered strong copyright protections for broadcast television networks. Those strong protections allowed broadcast networks to withstand business threats from innovations like cable television and VCRs. However, Congress’ recent silence on DVRs and cloud computing technology has allowed an entrepreneur to create the networks’ next biggest threat, Aereo. The creators of Aereo and similar businesses designed their services specifically around ambiguities within copyright law that could allow them to transmit networks’ content without paying the otherwise necessary consent fees. These …
