Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 34

Full-Text Articles in Law

Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula May 2020

Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula

Duke Law & Technology Review

No abstract provided.


A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba Apr 2020

A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba

Duke Law & Technology Review

No abstract provided.


Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel Jan 2020

Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel

Duke Law & Technology Review

No abstract provided.


Barlow's Legacy, Cory Doctorow Aug 2019

Barlow's Legacy, Cory Doctorow

Duke Law & Technology Review

No abstract provided.


Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder Aug 2019

Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder

Duke Law & Technology Review

No abstract provided.


The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle Aug 2019

The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle

Duke Law & Technology Review

No abstract provided.


Is The Internet Over?! (Again?), James Boyle Aug 2019

Is The Internet Over?! (Again?), James Boyle

Duke Law & Technology Review

No abstract provided.


Inventing The Future: Barlow And Beyond, Cindy Cohn Aug 2019

Inventing The Future: Barlow And Beyond, Cindy Cohn

Duke Law & Technology Review

No abstract provided.


Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow Aug 2019

Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow

Duke Law & Technology Review

No abstract provided.


A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson Aug 2019

A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson

Duke Law & Technology Review

No abstract provided.


Revisiting Barlow's Misplaced Optimism, Benjamin Edelman Aug 2019

Revisiting Barlow's Misplaced Optimism, Benjamin Edelman

Duke Law & Technology Review

No abstract provided.


Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen Aug 2019

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Duke Law & Technology Review

No abstract provided.


John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain Aug 2019

John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain

Duke Law & Technology Review

No abstract provided.


What Didn’T Happen: An Essay In Speculation, Peter Jaszi Aug 2019

What Didn’T Happen: An Essay In Speculation, Peter Jaszi

Duke Law & Technology Review

No abstract provided.


The Past And Future Of The Internet: A Symposium For John Perry Barlow Aug 2019

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.


Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane Jul 2008

Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane

Law and Contemporary Problems

The Internet has often been described as "borderless," owing to the technical features of Internet communications that make content accessible to anyone with a network connection, regardless of his or her location. This borderlessness has been widely thought both to confound legal regimes relying on territoriality and to fundamentally create a crisis for jurisdictional determination of both public- and private-law matters. Here, Slane dissects the images of globalization at work in conflicts cases involving harms caused by postings on the Internet and demonstrates how these images work to produce a coherence for the field of conflicts as well as the …


The Public Domain: Enclosing The Commons Of The Mind, James Boyle Jan 2008

The Public Domain: Enclosing The Commons Of The Mind, James Boyle

Faculty Scholarship

Our music, our culture, our science and our economic welfare all depend on a delicate balance between those ideas that are controlled and those that are free, between intellectual property and the public domain. In his award-winning book, The Public Domain: Enclosing the Commons of the Mind (Yale University Press) James Boyle introduces readers to the idea of the public domain and describes how it is being tragically eroded by our current copyright, patent, and trademark laws. In a series of fascinating case studies, Boyle explains why gene sequences, basic business ideas and pairs of musical notes are now owned, …


The Anarchist In The Coffee House: A Brief Consideration Of Local Culture, The Free Culture Movement, And Prospects For A Global Public Sphere, Siva Vaidhyanathan Apr 2007

The Anarchist In The Coffee House: A Brief Consideration Of Local Culture, The Free Culture Movement, And Prospects For A Global Public Sphere, Siva Vaidhyanathan

Law and Contemporary Problems

Jürgen Habermas' influential historical work, The Structural Transformation of the Public Sphere, describes a moment in the social and political history of Europe in which a rising bourgeoisie was able to gather in salons and cafes to discuss matters of public concern. The public sphere represented a set of sites and conventions in the eighteenth century in which (almost exclusively male) members of the bourgeoisie could forge a third space to mediate between domestic concerns and matters of state. Here, Vaidhyanathan examines one particular Public Sphere experiment--the rise of a global Free Culture Movement that aims to limit the spread …


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 …


Fencing Off Ideas: Enclosure & The Disappearance Of The Public Domain, James Boyle Jan 2002

Fencing Off Ideas: Enclosure & The Disappearance Of The Public Domain, James Boyle

Faculty Scholarship

No abstract provided.


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.


Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh Apr 2000

Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh

Law and Contemporary Problems

Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.


The First Amendment And Cyberspace: The Clinton Years, James Boyle Apr 2000

The First Amendment And Cyberspace: The Clinton Years, James Boyle

Law and Contemporary Problems

Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.


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 …


From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller Oct 1998

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller

Duke Journal of Comparative & International Law

No abstract provided.


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.