Law Commons^™

Legal Uncertainty In Virtual Worlds And Digital Goods: Do The Same Laws Apply?, Alanna Sadler

University of Miami Business Law Review

The growth of virtual worlds and digital goods will force US courts to examine whether traditional laws are sufficient to protect consumers. To do so requires judges and legislative officials to possess a deep understanding of concepts that are everchanging. Many aspects of virtual worlds, such as the metaverse(s), are driven by web3 technology, the technology responsible for the NFT and cryptocurrency craze of recent years. It is impossible to ascertain the impact of virtual worlds on daily life, however, companies must nevertheless prepare for the shift toward virtual spaces and digital goods. There is greater skepticism regarding the utility …

From Alpha To Omegle: A.M. V. Omegle And The Shift Towards Product Liability For Harm Incurred Online, Preston Buchanan

University of Miami Business Law Review

But for the Internet, many of our interactions with others would be impossible. From socializing to shopping, and, increasingly, working and attending class, the Internet greatly facilitates the ease of our daily lives. However, we frequently neglect to consider that our conduits to the Internet have the potential to lead to harm and injury. When the Internet was in its infancy, and primarily was a repository of information, Congress recognized the threat of continual lawsuits against online entities stemming from the content created by their users. The Communications Decency Act of 1996 arose to mitigate the seemingly Herculean task for …

Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky

University of Miami Business Law Review

For the past several decades, technology has allowed us to create digital human beings that both resemble actual celebrities (living or deceased) or entirely virtual personalities from scratch. In the near future, this technology is expected to become even more advanced and widespread to the point where there may be entirely virtual celebrities who are just as popular as their flesh-and-blood counterparts—if not more so. This raises intellectual property questions of how these near-future digital actors and musicians should be classified, and who will receive the proceeds from their performances and appearances. Since, in the near-term, these entities will probably …

The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page

University of Miami Law Review

The United States Department of Justice (“DOJ”) and three overlapping groups of states have filed federal antitrust cases alleging Google has monopolized internet search, search advertising, internet advertising technologies, and app distribution on Android phones. In this Article, we focus on the DOJ’s claims that Google has used contracts with tech firms that distribute Google’s search services in order to exclude rival search providers and thus to monopolize the markets for search and search advertising—the two sides of Google’s search platform. The primary mechanisms of exclusion, according to the DOJ, are the many contracts Google has used to secure its …

The Freedom Of Influencing, Hannibal Travis

University of Miami Law Review

Social media stars and the Federal Trade Commission (“FTC”) Act are clashing. Influencer marketing is a preferred way for entertainers, pundits, and everyday people to monetize their audiences and popularity. Manufacturers, service providers, retailers, and advertising agencies leverage influencers to reach into millions or even billions of consumer devices, capturing minutes or seconds of the market’s fleeting attention. FTC enforcement actions and private lawsuits have targeted influencers for failing to disclose the nature of a sponsorship relationship with a manufacturer, marketer, or service provider. Such a failure to disclose payments prominently is very common in Hollywood films and on radio …

Tiktok, Cfius, And The Splinternet, Jake T. Seiler

University of Miami International and Comparative Law Review

This note will discuss the role that the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) has played in foreign relations and how it contributes to the balkanization of the internet today. The Committee is an interagency body that reviews foreign investments for potential national security threats. Recently, CFIUS has been in the spotlight for its role in the sale of TikTok, a cellphone app owned by a popular Chinese corporation, ByteDance. While much of CFIUS’ review in the past has been focused on Chinese-owned corporations, there is much debate about whether or not countries should …

From Anonymity To Identification, A. Michael Froomkin

Articles

This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …

Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin

Articles

No abstract provided.

Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector

University of Miami International and Comparative Law Review

No abstract provided.

Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

Articles

No abstract provided.

Internet Sexual Predators: Protecting Children In The Global Community, Madeleine M. Plasencia

Articles

The Internet, serving as the largest network of computers in the world, has provided the horizontal parallax over which all can participate in communication and transaction, education and entertainment4 It also serves a community of participants and beneficiaries whose goals are not always shared or legal. The rise of this advanced technology has led to a new "red light district."

Unlike the physical spaces available for the distribution of pornography and sexual favors for money, the Internet, with its lack of structure, has led to an unimaginable amount of pornography available for any on-line spectator.' Information necessary for consummation of …

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.