Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 12 of 12
Full-Text Articles in Law
The International Trade Commission: Potential Bias, Hold-Up, And The Need For Reform, William Dolan
The International Trade Commission: Potential Bias, Hold-Up, And The Need For Reform, William Dolan
Duke Law & Technology Review
The International Trade Commission (ITC) is an alternate venue for holders of U.S. patents to pursue litigation against infringing products produced abroad and imported to the United States. Because the ITC may only grant injunctive relief, it has awarded injunctions in situations where there may have been better and more efficient remedies to the infringement available through litigation in federal district court. The increased likelihood of injunctive relief bolsters the position of patent holders against a wide range of producers in royalty negotiations and can harm the end consumers through a process known as "patent hold-up." There are currently sweeping …
Lenz V. Universal Music Corp. And The Potential Effect Of Fair Use Analysis Under The Takedown Procedures Of §512 Of The Dmca, Kathleen O’Donnell
Lenz V. Universal Music Corp. And The Potential Effect Of Fair Use Analysis Under The Takedown Procedures Of §512 Of The Dmca, Kathleen O’Donnell
Duke Law & Technology Review
The notice and takedown/putback procedures in §512 of the Digital Millennium Act fail to adequately protect the rights of individuals who post content on the internet. This iBrief examines the notice and takedown/putback procedures and Judge Fogel's decision in Lenz v. Universal Music Corp., which requires a copyright owner to conduct a fair use evaluation prior to issuing a takedown notice. This iBrief concludes such a requirement is an appropriate first step towards creating adequate protection for user-generated content on the Internet.
A Hypothetical Non-Infringing Network: An Examination Of The Efficacy Of Safe Harbor In Section 512(C) Of The Dmca, Cassius Sims
A Hypothetical Non-Infringing Network: An Examination Of The Efficacy Of Safe Harbor In Section 512(C) Of The Dmca, Cassius Sims
Duke Law & Technology Review
This iBrief will present a hypothetical network that allows dissidents to transfer information outside the watchful eye of an oppressive government. It will argue that because a network operator meets the requirements of the safe harbor of section 512(c) of the Digital Millennium Copyright Act, the hosts of the network are immune from any vicarious copyright liability.
The Future Of “Fair And Balanced”: The Fairness Doctrine, Net Neutrality, And The Internet, Sasha Leonhardt
The Future Of “Fair And Balanced”: The Fairness Doctrine, Net Neutrality, And The Internet, Sasha Leonhardt
Duke Law & Technology Review
In recent months, different groups--pundits, politicians, and even an FCC Commissioner--have discussed resurrecting the now-defunct Fairness Doctrine and applying it to Internet communication. This iBrief responds to the novel application of the Doctrine to the Internet in three parts. First, this iBrief will review the history and legal rationale that supported the Fairness Doctrine, with a particular emphasis on emerging technologies. Second, this iBrief applies these legal arguments to the evolving structure of the Internet. Third, this iBrief will consider what we can learn about Net Neutrality through an analogy to the Fairness Doctrine. This iBrief concludes that, while the …
Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Eduarda Santos
Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Eduarda Santos
Duke Law & Technology Review
This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright experience – the creation of a quasi pan- continental license in the music field – but it might have lost that opportunity in the midst of non-binding recommendations and resolutions. This article argues this loss is due to the overreaching persistence of old paradigms, namely the principle of territoriality.
Commercial Skipping Technology And The New Market Dynamic: The Relevance Of Antitrust Law To An Emerging Technology, Jesse Haskins
Commercial Skipping Technology And The New Market Dynamic: The Relevance Of Antitrust Law To An Emerging Technology, Jesse Haskins
Duke Law & Technology Review
Commercial-skipping technology can liberate the consumer and make the television business more competitive. It rose to prominence with the advent of the digital video recorder (DVR), also known as the personal video recorder (PVR). PVRs have helped advertisers reach their target audience more effectively through personalized advertisements, and it has successfully pressured television networks and advertisers to innovate more appealing ways to induce consumers to buy advertised products. But even if this technology fails to enhance the business of television, television networks can still outpace commercial-skipping technology in an arms race. Through competitive pressure, such technology promotes innovation, progress, and …
Circumventing Access Controls Under The Digital Millennium Copyright Act: Analyzing The Securom Debate, David Fry
Duke Law & Technology Review
Despite using one of the most sophisticated digital rights management systems currently available, the video game Spore was illegally downloaded approximately 1.7 million times between September and December of 2008, making it the most widely pirated game of 2008 by more than half a million downloads. This iBrief addresses several legal arguments that have been raised against a digital rights management system called "SecuROM," which is widely used by video game companies like Electronic Arts, the publisher of Spore. First, the iBrief discusses the comparisons that have been drawn between SecuROM and the controversial digital rights management technologies previously employed …
Spore, Drm, And Pirates: Ucita And Market Realities, Charles Yeh
Spore, Drm, And Pirates: Ucita And Market Realities, Charles Yeh
Duke Law & Technology Review
The Uniform Computer Information Transactions Act (UCITA) attempts to regulate a nonexistent market failure. Regulators must understand the two market relationships in the software industry, the producer-consumer relationship and the producer-thief relationship, before they can draft effective regulation. Drafting regulations that affect both relationships can lead to market disruptions at best and market failure at worst. An analysis of the two relationships reveals that there has not been a market failure that needs regulating; rather, there is a lag in technology that prohibits proper demarcation between the two market relationships. Regulators should wait for technology to advance before adopting any …
Circumventing Authority: Loopholes In The Dmca’S Access Controls, Adam L. Rucker
Circumventing Authority: Loopholes In The Dmca’S Access Controls, Adam L. Rucker
Duke Law & Technology Review
In a world where digital pirates freely roam the internet, seemingly plundering at will, the providers of digital content must find a way to protect their valuable assets. Digital fences afford that protection--but not very well. Fortunately (for content owners), 17 U.S.C. §1201, passed as part of the Digital Millennium Copyright Act of 1998, was designed to fill the numerous gaps in those fences by forbidding activities designed to circumvent them. In its present state, however, §1201 does not adequately serve that purpose. Substantial flaws in the language of the statute render it virtually powerless to thwart piracy. If §1201 …
Electronically Stored Information: Balancing Free Discovery With Limits On Abuse, Patricia Groot
Electronically Stored Information: Balancing Free Discovery With Limits On Abuse, Patricia Groot
Duke Law & Technology Review
The Federal Rules of Civil Procedure (the Rules) have long sought to limit abuses that developed under the traditional presumption favoring free discovery. The 2006 amendments to the Rules are specifically aimed at curbing abuses associated with electronically stored information (ESI), which has become the basic medium of business communications and has provided businesses with overall productivity benefits. The 2006 amendments introduce a new category of electronic evidence that is "not reasonably accessible" and allow a court to shift the related costs of discovery to the party requesting the information. Cost-shifting, however, creates an incentive for businesses to shelter sensitive …
Green Technology In Developing Countries: Creating Accessibility Through A Global Exchange Forum, Michael Hasper
Green Technology In Developing Countries: Creating Accessibility Through A Global Exchange Forum, Michael Hasper
Duke Law & Technology Review
As they pursue economic development, developing countries possess high demand for processes and technologies that have climate-friendly methods or alternatives. However, these nations currently face barriers to entry because of trade policies and intellectual property regulations that render procurement of these technologies cost-prohibitive. In light of the recent breakdown in negotiations at the United Nations climate conference in Bali to remove tariffs on green technology, a new approach to green technology diffusion should be considered in order to balance the demand among developing nations for fluid technology transfers with the profit-driven needs and intellectual property considerations of technology holders. A …