Whose Burden Is It Anyway? Addressing The Needs Of Content Owners In Dmca Safe Harbors,
2010
Indiana University Maurer School of Law
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 …
Governance, Technology, And The Search For Modernity In Kenya,
2010
University of Tulsa College of Law
Governance, Technology, And The Search For Modernity In Kenya, Warigia M. Bowman
Articles, Chapters in Books and Other Contributions to Scholarly Works
An ICT policy that produces broad access quickly is better than one that does not. Accordingly, success in ICT policymaking can be measured by three empirical measures: speed of passage, scope of implementation, and distribution, as well as one normative measure, process. "Process" represents an important normative dimension of ICT policymaking. Process measures the extent to which the ICT policymaking involves the citizenry, as represented by individuals, civil society groups, local private sector groups, and ideally, urban and rural residents ("wananchi "). Kenya is a case of slow speed of passage, low scope of implementation, low distribution, but high process. …
Understanding And Regulating The Sport Of Mixed Martial Arts,
2010
UC Law SF
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher
UC Law SF Communications and Entertainment Journal
The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts ("MMA'). MMA is an interdisciplinary combat sport where participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) in a single match. In this Article, Professor Maher examines and analyzes the sport's evolution, tracing it from its shaggy, brutish beginnings to its current incarnation; articulates a pragmatic and comparative theory of sporting legitimacy; reviews and describes the state-based and administrative nature of MMA regulation; and highlights two reform possibilities of interest …
(M)Ad Men: Using Persuasion Factors In Media Advertisements To Prevent A Tyranny Of The Majority On Ballot Propositions,
2010
UC Law SF
(M)Ad Men: Using Persuasion Factors In Media Advertisements To Prevent A Tyranny Of The Majority On Ballot Propositions, Chris Chambers Goodman
UC Law SF Communications and Entertainment Journal
Mobile e-discovery spans the globe and creates a multitude of issues for litigants and the courts. The issue of privacy, jurisdiction, privilege, and consent intersect in the mobile space with users sending text messages, twittering, posting notes and videos on-line, and sharing pictures all in the span of a work day. Of course this is further complicated by the integration of the 24/7 workplace and the electronic discovery issues of retention, preservation, and production of the data that mobile devices create. This article examines these issues and provides an overview of some of the more common underlying mobile telecommunication technologies.
Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages,
2010
UC Law SF
Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter
UC Law SF Communications and Entertainment Journal
The paper examines the distinction between "stored communications" and the greater privacy protection given to communications in the process of transmission under U.S. federal law. The issue arises in the context of voice mail, text messages, and email. Statutes examined include the Stored Communications Act, the Electronic Communications Privacy Act ("ECPA"), the Wiretap Act, and the language amending the Wiretap Act to eliminate storage from the definition of wire communication in the USA Patriot Act. Case discussions examine the development of the concept of "stored" communications. The emphasis is on recent cases after the USA Patriot Act and a decision …
More Than A Minor Inconvenience: The Case For Heightened Protection For Children Appearing On Reality Television,
2010
UC Law SF
More Than A Minor Inconvenience: The Case For Heightened Protection For Children Appearing On Reality Television, Katherine Neifeld
UC Law SF Communications and Entertainment Journal
Reality television is a genre that is both innovative in its use of traditional theatrical convention to display true life and paradoxical in its often perplexing definition of what is real. For minor children, however, the effects of participation in reality television production are heightened due to the unique nature of the genre. While protections for traditional child performers exist, the risks the minor participant on reality television faces are unique. The minor on reality television lacks formal recognition as a working child actor by the entertainment industry. Additionally, instead of playing a fictional character, the minor portrays his true …
The New Digital Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability,
2010
UC Law SF
The New Digital Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri Day
UC Law SF Communications and Entertainment Journal
This paper proposes a unique response to the explosive combination of teens, sex and technology. It discusses why most teen sexting does not meet the Ferber definition of child pornography; therefore, a civil remedy for the dignitary and emotional harm caused by the public dissemination of private sexual pictures is far superior to imposing criminal sanctions. The proposed statutory civil cause of action would hold parents vicariously liable for the harms caused by their children's sexting when done with actual malice. Recognizing that common law tort liability is legally unsustainable, this approach strikes a balance between protecting First Amendment rights …
Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting,
2010
UC Law SF
Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting, Sonali Chitre
UC Law SF Communications and Entertainment Journal
Copyright is critical to protecting sports broadcasts, and new technology has evolved to disseminate these broadcasts to the many people that enjoy professional sports. Because of new digital rights in the copyright statute, the NFL has very strong copyright protections that cover Internet, satellite, television, and radio licensing of its broadcasts. A "blackout" blocks certain programs from being broadcast in a particular market. Attempting to incentivize fans to come to football games, the NFL "blacks out" games that are not sold out within seventytwo hours of game time within a seventy-five-mile radius of the stadium. The "blackout rule" has been …
Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection,
2010
UC Law SF
Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw
UC Law SF Communications and Entertainment Journal
Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft recurring battle between trademark protections and right to freedom of expression, specifically the right to parody. The Yes Men, a parody troop, in a stunt which confused numerous news outlets, held a press conference as "members" of the United States Chamber of Commerce. The Chamber responded by suing the Yes Men for, amongst other causes of action, trademark infringement pursuant to the Lanham Act. This note will first analyze the history of the debate between the conflicting right of free expression and consumer …
Applying The Rationales Of Patent Claim Construction Doctrines To Interpretation Of Patent Statutes,
2010
UC Law SF
Applying The Rationales Of Patent Claim Construction Doctrines To Interpretation Of Patent Statutes, Grace Pak
UC Law SF Communications and Entertainment Journal
Statutory construction is often determinative in lawsuits. In that vein, which theory of statutory construction a court chooses to employ-whether textualism, intentionalism, or purposivism-is decidedly influential. This note argues that strict adherence to textualism in interpreting patent statutes leads to unsound results, while applying purposivism leads to sound results. To demonstrate, this note walks through the Supreme Court's textual approach in interpreting 35 U.S.C. § 271(0 in Microsoft v. AT&T, and contrasts that with the Federal Circuit's purposivist approach in interpreting the same statute. This note argues that the Federal Circuit's purposivist approach is more appropriate because it more closely …
The Fcc's Affirmative Speech Obligations Promoting Child Welfare,
2010
University of Miami School of Law
The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi
Articles
No abstract provided.
Wikipedia And The European Union Database Directive,
2010
University of PIttsburgh School of Law
Wikipedia And The European Union Database Directive, Jacqueline D. Lipton
Articles
“Web 2.0" and "User Generated Content (UGC)" are the new buzzwords in cyberspace. In recent years, law and policy makers have struggled to keep pace with the needs of digital natives in terms of online content control in the new participatory web culture. Much of the discourse about intellectual property rights in this context revolves around copyright law: for example, who owns copyright in works generated by multiple people, and what happens when these joint authored works borrow from existing copyright works in terms of derivative works rights and the fair use defense. Many works compiled by groups are subject …
Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc.,
2010
Villanova University Charles Widger School of Law
Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc., Peter Hamner
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Innovations In The Internet’S Architecture That Challenge The Status Quo,
2010
University of Pennsylvania Carey Law School
Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo
All Faculty Scholarship
The current debate over broadband policy has largely overlooked a number of changes to the architecture of the Internet that have caused the price paid by and quality of service received by traffic traveling across the Internet to vary widely. Topological innovations, such as private peering, multihoming, secondary peering, server farms, and content delivery networks, have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Moreover, network providers have begun to employ an increasingly varied array of business arrangements. Some of these innovations are responses to the growing importance of peer-to-peer technologies. Others, such …
Virtual Shareholder Meetings Reconsidered,
2010
University of Pennsylvania Carey Law School
Virtual Shareholder Meetings Reconsidered, Lisa Fairfax
All Faculty Scholarship
In 2000 Delaware enacted a statute enabling corporations to host meetings solely by electronic means of communication rather than in a physical location. Since that time, several states have followed Delaware's lead, and the American Bar Association has proposed changing the Model Business Corporation Act to provide for some form of virtual shareholder meetings. Many states believed that such meetings would prove to be an important device for shareholders who desire to increase their voice within the corporation. Instead, very few companies have taken advantage of the ability to host such meetings. This Article provides some data on state statutes …
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present,
2010
University of Pennsylvania Carey Law School
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property And Restitution,
2010
University of Pittsburgh School of Law
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property And Restitution, Jacqueline D. Lipton
Articles
The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with others’ trademarks to sell them for a profit. However, this practice was quickly and easily contained. New practices arose in domain name markets, not initially contemplated by the drafters of the ACPA and the UDRP. One example is clickfarming – using domain names to generate revenues from click-on …
Internet Governance And Democratic Legitimacy,
2010
Fordham University School of Law
Internet Governance And Democratic Legitimacy, Olivier Sylvain
Faculty Scholarship
Even as the Internet goes pop, federal policymakers continue to surrender their statutory obligation to regulate communications in the first instance to extralegal nongovernmental organizations comprised of technical experts. The Federal Communications Commission’s conclusion that a major broadband service provider's network management practices were unreasonable is a case in point. There, in the absence of any decisive legislative or even regulatory guidance, the FCC turned principally to the engineering principles on which the Internet Engineering Task Force bases transmission standards: to wit, (1) decentralization, (2) interoperability, and (3) user empowerment. This impulse to defer as a matter of course to …
Mapping Online Privacy,
2010
University of Pittsburgh School of Law
Mapping Online Privacy, Jacqueline D. Lipton
Articles
Privacy scholars have recently outlined difficulties in applying existing concepts of personal privacy to the maturing Internet. With Web 2.0 technologies, more people have more opportunities to post information about themselves and others online, often with scant regard for individual privacy. Shifting notions of 'reasonable expectations of privacy' in the context of blogs, wikis, and online social networks create challenges for privacy regulation. Courts and commentators struggle with Web 2.0 privacy incursions without the benefit of a clear regulatory framework. This article offers a map of privacy that might help delineate at least the outer boundaries of Web 2.0 privacy. …
Introduction: The Law School's Role In Documenting And Analyzing The Increasingly Rapid Development Of Broadband,
2010
New York Law School
Introduction: The Law School's Role In Documenting And Analyzing The Increasingly Rapid Development Of Broadband, Michael Botein
Articles & Chapters
No abstract provided.
