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Full-Text Articles in Law

Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan Feb 2018

Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan

University of Massachusetts Law Review

Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make, …


Regulating Jolly Roger: The Existing And Developing Law Governing The Classification Of Underwater Cultural Heritage As "Pirate-Flagged", Peter Hershey Mar 2015

Regulating Jolly Roger: The Existing And Developing Law Governing The Classification Of Underwater Cultural Heritage As "Pirate-Flagged", Peter Hershey

University of Massachusetts Law Review

This article explores the existing law governing Underwater Cultural Heritage (UCH) which is classified as “pirate-flagged.” First, this article discusses the discovery of the Whydah Galley, an 18th century slave trader vessel, which was captured by pirate Captain Samuel Bellamy and transformed into the flagship of his pirate fleet, and the subsequent discoveries of additional “pirate-flagged” shipwrecks, including the international regulatory scheme governing ownership of the property on these sunken vessels. This article discusses both 20th century international conventions which define piracy and historic case law which clarifies these definitions. Then, the article analyzes both the early American and contemporary …


Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford Mar 2014

Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford

University of Massachusetts Law Review

Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.