Law Commons^™

From America Online To America, Online: Reassessing Section 230 Immunity In A New Internet Landscape, Madeleine E. Blair

Journal of Intellectual Property Law

In 1996, Congress passed the Communications Decency Act, a body of legislation aimed at regulating a nascent internet. Section 230 of the Act has become a subject of contention on both sides of the political aisle due to an immunity provision in the law barring private actions against online service providers for the conduct of those services’ users. Few lawsuits against online entities have survived this immunity provision. But two successful cases, Lemmon v. Snap, Inc. and A.M. v. Omegle.com, LLC, have used a products liability theory to overcome the limitation.

This Note examines Section 230 in light of these …

Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith

Journal of Intellectual Property Law

No abstract provided.

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Journal of Intellectual Property Law

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …

When California Dreamin' Becomes A Hollywood Nightmare; Copyright Infringement And The Motion Picture Screenplay: Toward An Improved Framework, Nick Gladden

Journal of Intellectual Property Law

No abstract provided.

Does The Lanham Act Lose Meaning For Companies That Operate Exclusively Over The Internet?, Sheila D. Rizzo

Journal of Intellectual Property Law

This Note will examine the differences between trademark registration and domain name registration, focusing specifically on the terms an applicant may register, the rights associated with those registrations, and the manner in which a registrant may lose, assign, and enforce those rights so that others my not use the same registered terms. This Note will also suggest that a company operating exclusively over the internet may obtain greater rights, and therefore protection, than a typical bricks and mortar company, simply by registering its domain name, and not trademark status.

Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen

LLM Theses and Essays

The Internet has expanded vastly in recent years, both in use and utility. It has become one of the most important means of distributors of information in our time. This increasing popularity has also led to "online fraud, theft, piracy, and infringement. The music industry is one of the branches that will experience upheaval in the next few years. The Internet might even change the way music is distributed. Experts believe that the Internet could alter the way music is distributed and undermine the physical distribution of sound recordings. Yet, on the other hand, the Internet could help unknown bands …