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Vol. Xx, Tab 57 - Ex. 1 - Transcript Of Motions Hearing, United States District Court for the Eastern District of Virginia 2010 Santa Clara Law

Vol. Xx, Tab 57 - Ex. 1 - Transcript Of Motions Hearing, United States District Court For The Eastern District Of Virginia

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Voip Jurisdiction And Regulation: Who Should Regulate The Technology Of Tomorrow? (Panelist), Daniel Lyons 2010 Boston College Law School

Voip Jurisdiction And Regulation: Who Should Regulate The Technology Of Tomorrow? (Panelist), Daniel Lyons

Daniel Lyons

No abstract provided.


Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet 2010 Georgetown University Law Center

Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Does remix matter? This brief comment addresses the critique of importance, arguing that remix culture as well as the popular/mass culture from which it springs are of vital importance to human flourishing, invoking Donna Haraway's concept of the cyborg to investigate the fluidity, dynamism, and monstrousness of remixes and remixers.


Vol. Viii, Tab 39 - Ex. 3 - Google's Trademark Complaint Policy, Google 2010 Santa Clara Law

Vol. Viii, Tab 39 - Ex. 3 - Google's Trademark Complaint Policy, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer 2010 Australian National University College of Law

The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer

Matthew Rimmer

After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended in a stalemate and an impasse. There was a gulf between the views of intellectual property maximalists who demanded strong protection of intellectual property rights in respect of clean technologies; and nation states and civil society groups calling for special measures to facilitate technology transfer. As a result, the Copenhagen Accord did contain any text on intellectual property and climate change. Nonetheless, the Copenhagen Accord does, though, contain an important compromise. The text provides for a technology mechanism, which envisages a network of Climate Innovation …


Vol. Viii, Tab 38 - Ex. 75 - Van Liere Deposition (Expert - Statistical Surveys), Kent Van Liere 2010 NERA Economic Consulting

Vol. Viii, Tab 38 - Ex. 75 - Van Liere Deposition (Expert - Statistical Surveys), Kent Van Liere

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Ix, Tab 46 - Ex. 70 - Deposition Of Kent Van Liere (Nera Expert - Statistical Analysis), Kent Van Liere 2010 NERA

Vol. Ix, Tab 46 - Ex. 70 - Deposition Of Kent Van Liere (Nera Expert - Statistical Analysis), Kent Van Liere

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Citron, Leslie Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Citron, Leslie Henry

Leslie Meltzer Henry

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Danielle Keats Citron

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …


Section 230 Of The Cda: Internet Exceptionalism As A Statutory Construct, H. Brian Holland 2010 Texas A&M University School of Law

Section 230 Of The Cda: Internet Exceptionalism As A Statutory Construct, H. Brian Holland

Faculty Scholarship

Since its enactment in 1996, Section 230 of the Communications Decency Act has become perhaps the most significant statute in the regulation of online content, and one of the most intensely scrutinized.

The essay begins with a brief introduction to Section 230. As interpreted and applied by the judiciary, this statute is now conceived as a broad grant of immunity from tort liability.—broad not only in terms of those who can claim its protection but also in terms of predicate acts and causes of action to which such immunity extends.

Working from this foundation, I then seek to position the …


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Leslie Meltzer Henry

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Danielle Keats Citron

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan 2010 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the first issue of the 2010–2011 academic year. This issue addresses topics ranging across the legal and technological spectrums, and tackles subject matter at the forefront and future of legal debate.


A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel 2010 University of Richmond

A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel

Richmond Journal of Law & Technology

Although not constitutionally required, it has become considerably more commonplace for law enforcement to electronically record a suspect’s custodial interrogation. This includes a complete recording, beginning with the advice of rights and continuing through the end of the interrogation. In fact, society now recognizes it as a useful, if not necessary, tool for law enforcement.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux 2010 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2009–2010 academic year. In this issue, we explore the ever expanding duties of counsel responsible for electronically stored information, the application of 3D imaging technology to improve arson investigation, and the need for expanding copyright protection over the lawless Darknet.


Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale 2010 Brooklyn Law School

Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale

Faculty Scholarship

No abstract provided.


Computer Hacking As A Deceptive Device: Why The Courts Must Give Computers Legal Consciousness To Hold Hackers Liable For Insider Trading, Farid Sharaby 2010 University of the Pacific, McGeorge School of Law

Computer Hacking As A Deceptive Device: Why The Courts Must Give Computers Legal Consciousness To Hold Hackers Liable For Insider Trading, Farid Sharaby

McGeorge Law Review

No abstract provided.


Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler 2010 Yale Law School Information Society Project

Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler

Michigan Telecommunications & Technology Law Review

The music industry's crisis response to the Internet has been the primary driver of U.S. copyright policy for over a decade. The core institutional response has been to increase the scope of copyright and the use of litigation, prosecution, and technical control mechanisms for its enforcement. The assumption driving these efforts has been that without heavily-enforced copyright, artists will not be able to make a living from their art. Throughout this period artists have been experimenting with approaches that do not rely on technological or legal enforcement, but on constructing web-based business models that engage fans and rely on voluntary …


Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble 2010 Yale Law School

Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble

Michigan Telecommunications & Technology Law Review

The Federal Communications Commission (FCC) recently proposed an Internet nondiscrimination rule: "Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner." Among other requests, the FCC sought comment on whether the proposed nondiscrimination rule would "promote free speech, civic participation, and democratic engagement," and whether it would "impose any burdens on access providers' speech that would be cognizable for purposes of the First Amendment." The purpose of this Article is to suggest that a wide range of responses to these First Amendment questions, offered by telecommunications providers …


Google Adwords: Trademark Infringer Or Trade Liberalizer, Ashley Tan 2010 University of Michigan Law School

Google Adwords: Trademark Infringer Or Trade Liberalizer, Ashley Tan

Michigan Telecommunications & Technology Law Review

Google is the world's most preferred search engine, with an audience share of eighty percent of Internet users worldwide. With so many people browsing its search results, Google is a natural advertising vehicle, and it has exploited this quality to become one of the most profitable Internet companies in U.S. history. However, success has not come without controversy, and one of the most significant concerns Google AdWords, which displays keyword-triggered ads and sponsored links alongside non-sponsored search results. AdWords has come under attack in the United States and in the European Union ("EU") for its role in trademark infringement on …


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