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An International-Comparative Perspective On Peer-To-Peer File-Sharing And Third Party Liability In Copyright Law, Guy Pessach
An International-Comparative Perspective On Peer-To-Peer File-Sharing And Third Party Liability In Copyright Law, Guy Pessach
Vanderbilt Journal of Transnational Law
In the last decade, the phenomenon of peer-to-peer file-sharing and its various legal aspects have been dealt with extensively by legal scholarship. The purpose of this Article is to take a closer inspection of several particular legal aspects that are related to peer-to-peer file-sharing as a comparative, social, economic, and cultural phenomenon. The Article begins by providing critical comparative analysis of distinct paradigms that different legal systems have offered regarding the question of third party liability for copyright infringements that occur through peer-to-peer file-sharing platforms. The Article then presents three focal policy considerations that should serve as copyright law's compass …
A Common Tool For Individual Solutions: Why Countries Should Establish An International Organization To Regulate Internet Content, Paul Przybylski
A Common Tool For Individual Solutions: Why Countries Should Establish An International Organization To Regulate Internet Content, Paul Przybylski
Vanderbilt Journal of Entertainment & Technology Law
This note advances the case for an international organization to control Internet content. Part I describes the current state of affairs with respect to Internet regulation. First, this part describes briefly how the Internet works, to the extent that such a description is necessary to advance the argument presented in this note. Second, concentrating on Europe, the United States, and China, Part I describes the diverging preferences of countries regarding Internet regulation, the approaches they have taken, and the problems they have encountered due to the international nature of the Internet. Third, this part addresses the major attempt at international …
From Safe Harbor To Choppy Waters: Youtube, The Digital Millennium Copyright Act,And A Much Needed Change Of Course, Lauren B. Patten
From Safe Harbor To Choppy Waters: Youtube, The Digital Millennium Copyright Act,And A Much Needed Change Of Course, Lauren B. Patten
Vanderbilt Journal of Entertainment & Technology Law
YouTube.com, named Time magazine's "Invention of the Year" for 2006 and widely recognized as the most-visited video site on the Internet, has changed the face of online entertainment. With the site's acquisition by Google in October 2006, the possibilities for YouTube's growth became truly endless. However, there is a darker side to the story of the Internet sensation, one that is grounded in its potential liability for copyright infringement. The issue is that many of the most-viewed and most-popular videos on the site are copyrighted. The copyright owners of those popular clips want their works back and are suing YouTube …
Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield
Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield
Vanderbilt Journal of Entertainment & Technology Law
Celebrity gossip is disseminated on the Internet not only by profitable publications and Internet tabloids with professional writers and sophisticated legal teams, but also by countless numbers of "blogs" posted by ordinary individuals, often with nothing more than a dial-up connection. Americans posting speech on the Internet must be aware of the implications of the Gutnick decision and recognize that they could be dragged into court and held liable for defamation abroad. This note explores theoretical changes to the law that should be adopted to protect the First Amendment as it applies to Internet speech. Additionally, this note discusses various …
All In, But Left Out: How The Unlawful Internet Gambling Enforcement Act Seeks To Eradicate Online Gambling In The United States, Benjamin C. Wickert
All In, But Left Out: How The Unlawful Internet Gambling Enforcement Act Seeks To Eradicate Online Gambling In The United States, Benjamin C. Wickert
Vanderbilt Journal of Entertainment & Technology Law
In recent years, gambling on the Internet has evolved into a multi-billion dollar enterprise. The industry has been particularly entrenched in the United States, whose citizens at one time accounted for up to one-half of all Internet gambling revenues. However, the landscape of Internet gambling in the United States changed drastically in 2006, when President George W Bush signed into law the Unlawful Internet Gambling Enforcement Act (UIGEA). The crucial provision of the UIGEA is its prohibition of the acceptance of payments, made by United States banks and creditors, to purveyors of unlawful Internet gambling enterprises. By targeting United States …
Calling All Angles: Perspectives On Regulating Internet Telephony, Melissa Winberg
Calling All Angles: Perspectives On Regulating Internet Telephony, Melissa Winberg
Vanderbilt Journal of Entertainment & Technology Law
In 1996, Congress passed the Telecommunications Act, substantially revising the Communications Act of 1934 to reflect technological advances, including the Internet, and Congress's deregulatory goals. Currently, however, new technologies are challenging the viability of the statutory definitions and regulatory schemes of the statute. Internet telephony, commonly called Voice over Internet Protocol (VoIP), is both a replacement for traditional telephone service and a new web-based technology. Given the current competitive political climate and the magnitude of the interests involved, Congress is unlikely to succeed in altering the telecommunications regime. Thus, the Federal Communications Commission, which has the authority to regulate interstate …