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Full-Text Articles in Law
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Jacqueline D Lipton
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton
Jacqueline D Lipton
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
High Speed Rail Transit: Developing The Case For Alternative Transportation Schemes In The Context Of Innovative And Sustainable Global Transportation Law And Policy , Kamaal Zaidi
Kamaal Zaidi
This paper examines high-speed rail transit in the context of global transportation law and policy. Given increasing traffic congestion and rising pollution from existing forms of transportation, the author argues that high-speed rail transit is gaining popularity, and is quickly becoming a part of the transportation sector in several nations. The rise of this form of alternative has much to do with a strong commitment from legislators, and from growing partnerships between public and private entities. This commitment comes in the form of funding mechanisms, technological research and development, and application of environmental measures designed to reduce the impact of …
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet , Eugene Goryunov, Mark V. Polyakov
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet , Eugene Goryunov, Mark V. Polyakov
Mark V Polyakov
The Marking Statute expressly limits the patent owner’s recovery of damages if the patent owner itself, anyone making, offering for sale, or selling failed to mark its patented invention, sold within the United States, with the associated patent number. In these cases, damages must be limited to those that accrue after the infringer is provided actual notice of infringement. The authors suggest that, in light of relevant jurisprudence and the purpose of the Marking Statute, owners of patents that are directed to any business activities on the Internet should mark their own websites, and require their licensees to mark their …
Trespass To (Virtual) Chattels: Assessing Online Gamers’ Authority To Sell In-Game Assets Where Adhesive Contracts Prohibit Such Activity, Alfred Fritzsche
Trespass To (Virtual) Chattels: Assessing Online Gamers’ Authority To Sell In-Game Assets Where Adhesive Contracts Prohibit Such Activity, Alfred Fritzsche
Alfred Fritzsche V
As online technology has advanced, so have computer games: today’s computer games use the Internet to create comprehensive, dynamic, and persistent virtual worlds. This Comment discusses massively multiplayer online role-playing games (“MMORPGs”), or virtual worlds in which players create virtual representations of themselves; buy, improve, sell, or otherwise enjoy virtual plots of land; construct virtual cottages, mansions, and department stores; create, sell, pawn, and trade virtual chattels; and amass substantial virtual clout for accomplishing outlandish acts or securing otherwise unavailable artifacts. More than eight million subscribers participate in the World of Warcraft, and MMORPG environment created by Blizzard Entertainment. Many …
At&T V. Microsoft – A Violation Of American Patent Law Principles And World Trade Organization Commitments, Robert E. Counihan
At&T V. Microsoft – A Violation Of American Patent Law Principles And World Trade Organization Commitments, Robert E. Counihan
Robert E Counihan
In AT&T v. Microsoft, the Federal Circuit created disincentives to trade that constitute quantitative restrictions against the exportation of software from the United States. The statute in question, 35 U.S.C. §271(f), creates patent infringement liability for the exportation of components of patented inventions. When the Federal Circuit applied §271(f) to software in AT&T, a special rule was created. This rule denies software manufacturers the loopholes that are available in other industries that allow alternative, non-infringing forms to be exported. These loopholes allow other industries to compete with foreign manufacturers. The elimination of any loophole causes a disincentive to trade amongst …
Real World Toys And Currency Turn The Legal World Upside Down: A Cross-Sectional Update On Virtual World Legalities, Ian W. Gillies
Real World Toys And Currency Turn The Legal World Upside Down: A Cross-Sectional Update On Virtual World Legalities, Ian W. Gillies
Ian W. Gillies
With 40 million members on the leading virtual world and overall user growth at 22%, some experts are saying virtual worlds are to the new millennium what websites were to the 90s. Just as the technological and economic growth of the internet drove numerous moral and legal issues to the forefront of society, so also will virtual world growth expand the overlapping moral and legal boundaries between virtual and real world experience. This paper provides a technology and market overview of virtual worlds and explores the intersection of some social and legal issues arising from the financial opportunity and virtual …
'Scrubbing' The Inbox: A Constitutional Alternative To Child Protection Registries, David Logan Pool
'Scrubbing' The Inbox: A Constitutional Alternative To Child Protection Registries, David Logan Pool
David Logan Pool
After the judicial demise of the Communications Decency Act and Child Online Protection Act and the continued impotency of CAN-SPAM to curb unsolicited commercial email, children remain vulnerable to harmful, indecent content via their inbox. In a recent attempt to curtail such exposure, several States have created Child Protection Registries. In essence, the laws allow children to register their email addresses with the state. The state laws impose significant criminal and civil penalties on senders of indecent material who send such emails to registered minors. Because the States retain the list of protected emails, senders of potentially indecent emails must, …