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Freedom In The Commons: Towards A Political Economy Of Information, Yochai Benkler Apr 2003

Freedom In The Commons: Towards A Political Economy Of Information, Yochai Benkler

Duke Law Journal

In 1999, George Lucas released a bloated and much maligned “prequel” to the Star Wars Trilogy, called The Phantom Menace. In 2001, a disappointed Star Wars fan made a more tightly cut version, which almost eliminated a main sidekick called Jar-Jar Binks and subtly changed the protagonist—rendering Anakin Skywalker, who was destined to become Darth Vader, a much more somber child than the movie had originally presented. The edited version was named “The Phantom Edit.” Lucas was initially reported amused, but later clamped down on distribution. It was too late. The Phantom Edit had done something that would have been …


Quieting The Virtual Prison Riot: Why The Internet’S Spirit Of “Sharing” Must Be Broken, Albert Z. Kovacs Nov 2001

Quieting The Virtual Prison Riot: Why The Internet’S Spirit Of “Sharing” Must Be Broken, Albert Z. Kovacs

Duke Law Journal

No abstract provided.


The Dependence Of Cyberspace, Amy Lynne Bomse Apr 2001

The Dependence Of Cyberspace, Amy Lynne Bomse

Duke Law Journal

No abstract provided.


Law And Policy In The Age Of The Internet , Robert E. Litan Feb 2001

Law And Policy In The Age Of The Internet , Robert E. Litan

Duke Law Journal

No abstract provided.


A Nondelegation Doctrine For The Digital Age?, James Boyle Oct 2000

A Nondelegation Doctrine For The Digital Age?, James Boyle

Duke Law Journal

No abstract provided.


Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky Feb 2000

Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky

Duke Law Journal

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …


Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot Oct 1999

Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot

Duke Law Journal

Despite the legal profession's historical resistance to technological advances, the burgeoning world of cyberspace is bringing change to the practice of law. As laypeople flock to the Internet to seek help with their legal problems, lawyers are going online to provide such assistance. Yet, these exchanges are occurring without close consideration of whether they create attorney-client relationships-the source of weighty ethical and legal obligations. In many cases, lawyers seek to avoid the consequences of such relationships merely by disclaiming their existence. In this Article, Professor Lanctot examines the issue of lawyer-layperson communications in cyberspace from doctrinal and historical perspectives. The …


The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson Mar 1998

The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson

Duke Law Journal

No abstract provided.


A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle Oct 1997

A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle

Duke Law Journal

This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like-what theoretical ideas it might draw upon, and what constituencies it might unite.


The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette Apr 1995

The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette

Duke Law Journal

No abstract provided.