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Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Michigan Law Review
Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Michigan Law Review
This Note argues that a computer bulletin board operator's liability for copyright infringement by users of the bulletin board should be analyzed under the theory of contributory copyright infringement. This Note calls for a standard of liability under contributory copyright infringement that accommodates the competing interests at stake in the resolution of this issue. Part I provides an overview of copyright infringement law and argues that in most situations the operator's actions, viewed independently, do not constitute copyright infringement. Part II explores theories of third-party liability. This Part rejects the doctrine of vicarious liability as an effective means for establishing …