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Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property And Restitution, Jacqueline D. Lipton 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 …


The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland 2009 Marquette University

The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland

Erik Ugland

No abstract provided.


The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons 2009 Boston College Law School

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

No abstract provided.


Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders 2009 Northwestern University

Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders

Amy Kristin Sanders

The traditional public-figure doctrine must be adapted to the new faces of online media and the ever-changing conversation outlets available to news consumers on the Internet. After reviewing the traditional tests for plaintiff status determinations in defamation cases, this article establishes a legal standard that American courts should use to determine plaintiff status in cases involving bloggers who sue for defamation. It establishes the proper level of notoriety bloggers must attain before they are considered limited-purpose public figures. Using specific examples from relevant jurisprudence involving both traditional media defamation cases and online defamation cases, this article outlines a three-part test …


Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe 2009 Marquette University

Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe

Erik Ugland

One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely-distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking not at what people say about free expression but at what they do when they have the power of censorship in their own hands. Among the key findings is that …


Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm 2009 New York Law School

Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm

James Grimmelmann

In The Future of the Internet--And How to Stop It, Jonathan Zittrain argues that the Internet has succeeded because it is uniquely "generative": individuals can use it in ways its creators never imagined. This Book Review uses the Apple II and the iPhone--the hero and the villain of the story as Zittrain tells it--to show both the strengths and the weaknesses of his argument. Descriptively and normatively, Zittrain has nailed it. Generativity elegantly combines prior theories into a succinct explanation of the technical characteristics that make the Internet what it is, and the book offers a strong argument that preserving …


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