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Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble displayed this slideshow during her presentation at the Fifth Annual Internet Law Works-in-Progress conference, held at Santa Clara Law on March 7, 2015.
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Scholarly Works
The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …
The Territoriality Referendum, Marketa Trimble
The Territoriality Referendum, Marketa Trimble
Scholarly Works
Many Internet users have encountered geoblocking tools – tools that prevent users from accessing certain content on the Internet based on the location from which the users are connecting to the Internet. Because at least some users want to access such content, they turn to tools that enable them to evade geoblocking, to appear on the Internet as if they were located in another location, and to access the content that is available in this other location. So far these activities appear to be under the radar of intellectual property (“IP”) owners, perhaps because geoblocking evasion by users for the …
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Scholarly Works
Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on …