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Full-Text Articles in Law
Europe: Open Market… Open Source?, Heather Forrest
Europe: Open Market… Open Source?, Heather Forrest
Duke Law & Technology Review
The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry for individual programmers and small and medium enterprises -- as it must be within the framework of the European Treaty -- then the European Commission should not be expanding intellectual property rights in technology goods, which, by their very nature, will lose value to the public long before their monopoly rights expire. Rather, the Commission should look to the open source movement and …
Online Defamation: Bringing The Communications Decency Act Of 1996 In Line With Sound Public Policy, Ryan W. King
Online Defamation: Bringing The Communications Decency Act Of 1996 In Line With Sound Public Policy, Ryan W. King
Duke Law & Technology Review
According to the Communications Decency Act of 1996, a provider of an interactive computer service cannot be held liable for publishing a defamatory statement made by another party. In addition, the service provider cannot be held liable for refusing to remove the statement from its service. This article postulates that such immunity from producer and distributor liability is a suspect public policy, and argues that the statute should be amended to include a broad definition of "development" and a "take-down and put-back" provision.
The Fcc Under Attack, Kerri Smith
The Fcc Under Attack, Kerri Smith
Duke Law & Technology Review
The Federal Communications Commission voted in a contentious three-two split to relax rules limiting ownership of TV stations, radio stations, and newspapers. Among its critics are members of Congress who may pass legislation reinstating the old rules. Others will likely file suit against the FCC in the hopes of overturning the decision. This article will discuss the current debate over media deregulation in light of the recent FCC order. Specifically, this ibrief focuses on concerns over media consolidation in the wake of the 'Clear Channelization' of American radio, and addresses the contrasting depictions of the current media landscape by advocates …
The Fcc And Congress Should Consider Consumer Rights When Making The Transition To Dtv, Frank Ing-Jye Chao
The Fcc And Congress Should Consider Consumer Rights When Making The Transition To Dtv, Frank Ing-Jye Chao
Duke Law & Technology Review
This ibrief discusses the copyright issue surrounding the transition into Digital Television. It proposes that the Federal Communications Commission should balance the copyright interests of all parties involved in the DTV transition. Creators of informative and entertaining works must be rewarded with incentives to create further works. Such incentives necessarily involve copyright protection for these content holders. Just as the rights of content holders should be protected, the public's right to access information and to freely express ideas needs to remain protected. Copyright laws, specifically the fair use doctrine, must be allowed to stand firm while maintaining flexibility in order …
The Pending Determination Of The Legality Of Internet Gambling In The United States, Gregory Manter
The Pending Determination Of The Legality Of Internet Gambling In The United States, Gregory Manter
Duke Law & Technology Review
Internet gambling has been targeted on many fronts in the United States, including Congress, the courts, the Bush Administration and credit card agencies. This iBrief details recent trends in the regulation of online gaming, and concludes that while absolute prohibitions may be ineffective, the combined resistance of these institutions will prevent the industry from expanding its customer base.
Can The Internet Kill? Holding Web Investigators Liable For Their Criminal Customers, Mark Sweet
Can The Internet Kill? Holding Web Investigators Liable For Their Criminal Customers, Mark Sweet
Duke Law & Technology Review
As the wealth of online information grows, private investigation websites are becoming more powerful and popular. Their client lists include attorneys, insurance agencies, banks, neighbors, employers, and, oh yes, stalkers and identity thieves. When a stalker used information from a web investigator to track down and kill his victim, the New Hampshire Supreme Court held the investigator liable for its customer's criminal acts. This iBrief considers how far liability should extend for a web investigator, distinguishes web investigators from handgun and bullet retailers, and explains how this decision realizes a policy against privacy invasions.
Do Not Advertise: The Current Fight Against Unsolicited Advertisements, Dannielle Cisneros
Do Not Advertise: The Current Fight Against Unsolicited Advertisements, Dannielle Cisneros
Duke Law & Technology Review
Have you ever received a phone call from a telemarketer during dinner? Do e-mails entitled "Protect Your Computer Against Viruses for $9.95" or "GET A FREE PASS TO THOUSANDS OF XXX SITES" annoy you? Are you tired of watching advertisements that continue after the posted start time for a movie? Many Americans are irritated with the amount of daily interruptions caused by the current lack of advertising regulations. In some instances, the advertisers shift their marketing costs to unwilling e-mail users or moviegoers. This article focuses on unsolicited communications and potential solutions to the seemingly endless problem of spam.
The E-Government Act: Promoting E-Quality Or Exaggerating The Digital Divide?, Jaime Klima
The E-Government Act: Promoting E-Quality Or Exaggerating The Digital Divide?, Jaime Klima
Duke Law & Technology Review
In passing the E-Government Act of 2002, Congress has promised to improve the technological savvy of federal agencies and make more public forms and records available online. However, the question is whether doing so will alienate those Americans who do not have Internet access. Will the Act exaggerate the gap between the Internet haves and have-nots that is known as the digital divide? This iBrief identifies the e-quality issues arising from the E-Government Act and argues that implementation of the Act, however well intentioned, may exaggerate the digital divide.
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Duke Law & Technology Review
This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper's main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely …
From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith
From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith
Duke Law & Technology Review
The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA's and Motion Picture Association of America's (MPAA) legal efforts against Kazaa, a foreign-based …
The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman
The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman
Duke Law & Technology Review
Due to increasing use of the Internet worldwide, the number of disputes arising from Internet commerce is on the rise. Numerous websites have been established to help resolve these Internet disputes, as well as to facilitate the resolution of disputes that occur offline. This iBrief examines and evaluates these websites. It argues that cyber-mediation is in its early stages of development and that it will likely become an increasingly effective mechanism for resolving disputes as technology advances.
Political E-Mail: Protected Speech Or Unwelcome Spam?, Mark Sweet
Political E-Mail: Protected Speech Or Unwelcome Spam?, Mark Sweet
Duke Law & Technology Review
Candidates for political office are using unsolicited bulk e-mails to reach the electorate. Commonly known as "political spam," this campaign tactic is an inexpensive supplement to television, radio, and print ads. Advocates claim that campaigning via the internet reduces candidates' dependence on fundraising, but critics detest political spam as the latest nuisance. This iBrief examines the legal basis for political spam, distinguishes political spam from analogous regulated speech, and argues that political spam serves an interest worth protecting.