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Articles 1 - 30 of 30
Full-Text Articles in Law
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
Marquette Intellectual Property Law Review
This comment discusses the facts of the Bunner case and the decisions of the Sixth District and the Supreme Court. The Bunner case involves Andrew Bunner and his act of putting a link on his Web page allowing visitors to access a Digitial Video Disc (DVD) descrambler program, which allowed a computer user to decrypt DVDs. The DVD Copy Control Association sought an injunction against Bunner under the California Uniform Trade Secrets Act (UTSA). The author analyzes the historical protection given free speech and trade secrets under California law. Looking at the Bunner case in light of Pruneyard, the author …
Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown
Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown
South Carolina Law Review
No abstract provided.
Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy
Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy
San Diego International Law Journal
The debate over whether cyberspace can or should be regulated is essentially dead. This is the conclusion being taught in law schools today. The battle between Judge Frank Easterbrook and Professor Lawrence Lessig over "laws" and "horses", infamous among cyberspace legal scholars, became irrelevant when geographically-based governments began regulating Internet related activities. However, debate over how the Internet should be regulated continues. One way of framing this debate is in terms of deciding how to regulate behavior in cyberspace. Professor Lessig postulated four kinds of constraints regulate behavior: (1) social norms, (2) markets, (3) law, and (4) architecture. This comment …
A Horizontal Leap Forward: Formulating A New Communications Public Policy Framework Based On The Network Layers Model, Richard S. Whitt
A Horizontal Leap Forward: Formulating A New Communications Public Policy Framework Based On The Network Layers Model, Richard S. Whitt
Federal Communications Law Journal
Over the course of the last several decades, legal and structural fictions have evolved and have been integrated into the reality of communications theory and regulation. In this Article, the Author argues that the development of a "layers approach" to communications regulation of IP networks would lead to greater efficiencies while addressing public policy issues. By reconceptualizing communications regulation along horizontal layers, Mr. Whitt posits that the logical walls surrounding the key components of IP networks should be removed to promote increased functionality of communications oversight and management. In this way, the outmoded vertical separation associated with the legal legacy …
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
University of Richmond Law Review
No abstract provided.
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Federal Communications Law Journal
In the 1990's, the development of "streaming" technology allowed webcasters to begin broadcasting music on the Internet. The public took advantage of a plethora of free media players, and the number of web-based radio stations soared. However, a crippling dispute over broadcast rates left the viability of this technology in doubt. This Note criticizes current policies that curtail radio streaming by providing harsh financial restrictions on webcasters. In looking to the future, this Note argues that Congress should extend licensing exemptions to cover those Internet stations most like their AM/FM counterparts who do not have to pay additional fees.
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
Michigan Telecommunications & Technology Law Review
If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Michigan Telecommunications & Technology Law Review
The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …
Inciting Terrorism On The Internet: An Application Of Brandenburg To Terrorist Websites, Thomas E. Crocco
Inciting Terrorism On The Internet: An Application Of Brandenburg To Terrorist Websites, Thomas E. Crocco
Saint Louis University Public Law Review
No abstract provided.
Virtual Crimes, Gregory Lastowka, Dan Hunter
Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch
Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch
Villanova Law Review
No abstract provided.
Can The Internet Be A Human Right?, Michael L. Best
Can The Internet Be A Human Right?, Michael L. Best
Human Rights & Human Welfare
A review of:
Human Rights and the Internet edited by Steven Hick, Edward F. Halpin, and Eric Hoskins. New York: Palgrave Macmillan, 2000. 276pp.
Missing The Mark: The Trademark Battle Over Software-Based Contextually Targeted Advertising On The Internet, Melinda M. Kline
Missing The Mark: The Trademark Battle Over Software-Based Contextually Targeted Advertising On The Internet, Melinda M. Kline
Case Western Reserve Law Review
No abstract provided.
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
University of Richmond Law Review
No abstract provided.
Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris
Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson
How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen
Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
New Strategies For Owners Of Discontinued Brands, David S. Ruder
New Strategies For Owners Of Discontinued Brands, David S. Ruder
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford
Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford
NYLS Law Review
No abstract provided.
The Right To Play, Edward Castronova
United States V. Jarrett, Andres A. Munoz
Legal Aesthetics Of The Family And The Nation: Agoraxchange And Notes Toward Re-Imaging The Future, Jacqueline Stevens
Legal Aesthetics Of The Family And The Nation: Agoraxchange And Notes Toward Re-Imaging The Future, Jacqueline Stevens
NYLS Law Review
No abstract provided.
Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin
Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin
NYLS Law Review
No abstract provided.
Virtual Worlds As Comparative Law, James Grimmelmann
Virtual Worlds As Comparative Law, James Grimmelmann
NYLS Law Review
No abstract provided.
Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy
Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy
NYLS Law Review
No abstract provided.
Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine
Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine
NYLS Law Review
No abstract provided.
Friendsters, Tricksters, And Playculture, Mary Flanagan
Friendsters, Tricksters, And Playculture, Mary Flanagan
NYLS Law Review
No abstract provided.
Who Killed Miss Norway?, Tracy Spaight