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Articles 1 - 12 of 12
Full-Text Articles in Law
Defending Cyberproperty, Patricia L. Bellia
Defending Cyberproperty, Patricia L. Bellia
Patricia L. Bellia
This Article explores how the law should treat legal claims by owners of Internet-connected computer systems to enjoin unwanted uses of their systems. Over the last few years, this question has become increasingly urgent and controversial, as system owners have sought protection from unsolicited commercial e-mail and from robots that extract data from Web servers for competitive purposes. In the late 1990s and early 2000s, courts utilizing a wide range of legal doctrines upheld claims by network resource owners to prevent unwanted access to their computer networks. The vast weight of legal scholarship has voiced strong opposition to these cyberproperty …
Migración A La Nube: ¿Está Segura Nuestra Información?, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Migración A La Nube: ¿Está Segura Nuestra Información?, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Rodolfo C. Rivas
The authors discuss the benefits and risks of moving your business data to the cloud through case studies and offer practical tips to protect business confidential information stored in the cloud. //////////////////////// Los autores estudian los beneficios y los riesgos de almacenar datos e información en la nube a través de casos de estudio y ofrecen consejos prácticos para proteger la información comercial confidencial almacenada en la nube.
Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park
Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park
Management Faculty Publications and Presentations
No abstract provided.
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime with regard to access to pre-existing expressions and reuse. From the Platonic mimēsis to the Roman imitatio, from Macrobius’ Saturnalia to the imitatio Vergili, from medieval auctoritas and Chaucer the compilator to Anon the singer and social textuality, from Chrétien’s art of rewriting to Shakespeare’s “borrowed feathers,” …
Digital Piracy Debunked: A Short Note, Giancarlo Francesco Frosio
Digital Piracy Debunked: A Short Note, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
In the last two decades, the industry has endlessly deployed the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy, peer-to-peer file sharing and the like. In fact, the uneasiness in sharing the view that harsher measures are an adequate response to copyright infringement in the digital environment comes from the uncertain grounds on which the heavy-handed reaction against digital piracy has been based. Two related arguments might run against this heavy-handed approach. First, market conditions might incentivize piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially …
Copyright Futures In The Digital Humanities, Laura Quilter
Copyright Futures In The Digital Humanities, Laura Quilter
Laura Quilter
Digital humanities work raises questions around digitization, search, and non-consumptive uses of texts, as well as distribution and access. But traditional humanities work is also confronting copyright questions, simply in terms of publishing, using, and accessing humanities research. This discussion, facilitated by Laura Quilter, UMass Copyright and Information Policy Librarian, will address the issues raised in copyright litigation, particularly the Authors Guild v. HathiTrust case and the "digital humanities" amicus brief, and consider the possible Open Access future presented by the Open Library of Humanities and other initiatives.
Copyright And Fair Use In Higher Education, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Laura Quilter
No abstract provided.
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Pepperdine Law Review
The following article examines the protection offered to computers and computer programs, under the various applicable patent, copyright and trade secret laws. Concerning patent protection; the author discusses the history and current status of the patent laws, and analyzes in detail the landmark case of Diamond v. Diehr. Discussed also is an analysis of copyright protection for computer programs, offered by the 1980 amendments to section 117 of the 1976 Copyright Act; which paved the way for the increased protection.
Copyright And Fair Use In Higher Education, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Laura Quilter
No abstract provided.
Super-Intermediaries, Code, Human Rights, Ira Nathenson
Super-Intermediaries, Code, Human Rights, Ira Nathenson
Ira Steven Nathenson
We live in an age of intermediated network communications. Although the internet includes many intermediaries, some stand heads and shoulders above the rest. This article examines some of the responsibilities of “Super-Intermediaries” such as YouTube, Twitter, and Facebook, intermediaries that have tremendous power over their users’ human rights. After considering the controversy arising from the incendiary YouTube video Innocence of Muslims, the article suggests that Super-Intermediaries face a difficult and likely impossible mission of fully servicing the broad tapestry of human rights contained in the International Bill of Human Rights. The article further considers how intermediary content-control procedures focus too …
An Intersystemic View Of Intellectual Property And Free Speech, Mark Bartholomew, John Tehranian
An Intersystemic View Of Intellectual Property And Free Speech, Mark Bartholomew, John Tehranian
Journal Articles
Intellectual property regimes operate in the shadow of the First Amendment. By deeming a particular activity as infringing, the law of copyright, trademark, and the right of publicity all limit communication. As a result, judges and lawmakers must delicately balance intellectual property rights with expressive freedoms. Interestingly, each intellectual property regime strikes the balance between ownership rights and free speech in a dramatically different way. Despite a large volume of scholarship on intellectual property rights and free speech considerations, this Article represents the first systematic effort to detail, analyze, and explain the divergent evolution of expression-based defenses in copyright, trademark, …
Book Review -- William Patry, How To Fix Copyright, Michael J. Madison
Book Review -- William Patry, How To Fix Copyright, Michael J. Madison
Articles
I review William Patry’s book How to Fix Copyright. The book is noteworthy for its ambitious yet measured effort to diagnose where copyright law has gone astray in recent years. It is less successful with respect to proposing possible changes to the law. Most interesting are parallels between How to Fix Copyright and an earlier comprehensive look at copyright law in the digital era: Paul Goldstein’s Copyright’s Highway: From Gutenberg to the Celestial Jukebox. William Patry and Paul Goldstein each have a lot of faith in the power of consumer choice in the cultural marketplace. That faith leads …