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Full-Text Articles in Law
Unfinished Business: Are Today’S P2p Networks Liable For Copyright Infringement?, Christine Pope
Unfinished Business: Are Today’S P2p Networks Liable For Copyright Infringement?, Christine Pope
Duke Law & Technology Review
In June 2005, the U.S. Supreme Court issued the decision in Metro-Goldwyn-Mayer Studios v. Grokster Ltd., a case that asked whether peer-to-peer networks may be held liable for facilitating the illegal distribution of music over the internet. The music industry petitioned the Supreme Court to settle the disagreement between the circuit courts over the standard of liability for aiding in copyright infringement. The case was based on a clash between the protection of technological innovation and the protection of artistic works. This iBrief examines the circuit split and the Grokster opinion and discusses the questions of liability left unresolved by …
Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken
Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken
Duke Law & Technology Review
A number of trademark holders have recently challenged the policies of Google and other Internet search engines that allow the trademark owner's competitors to purchase advertising space linked specifically to the owner's trademarks when entered as search terms. This iBrief examines the application of trademark law to this practice and concludes that Google would be contributorially liable for trademark infringement only when the advertising links lead to consumer confusion about the identity of the advertiser.
Google Library: Beyond Fair Use?, Elisabeth Hanratty
Google Library: Beyond Fair Use?, Elisabeth Hanratty
Duke Law & Technology Review
Last December Google announced the formation of partnerships with select major libraries to begin digitizing and storing the libraries' collections online. Google aims to provide individuals with the ability to search the full text of these books from anywhere using the Google search engine. This project will greatly increase access to those works in the public domain, but what about the books still under copyright protection? This iBrief examines the copyright implications of this ambitious project and concludes that the project, as described, does infringe the rights of copyright holders. It further concludes that while such infringement is unlikely to …
Television: Peer-To-Peer’S Next Challenger, D. Branch Furtado
Television: Peer-To-Peer’S Next Challenger, D. Branch Furtado
Duke Law & Technology Review
The entertainment industry has obsessed over the threat of peer-to-peer file sharing since the introduction of Napster in 1999. The sharing of television content may present a compelling case for fair use under the long-standing "Betamax" decision. Some argue that television sharing is fundamentally different than the distribution of music or movies since television is often distributed for free over public airwaves. However, a determination of fair use is unlikely because of the fundamental differences between recording a program and downloading it, recent regulation to suppress unauthorized content distribution and shifts in the television market brought on by new technology.