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Full-Text Articles in Law

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Sep 2003

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle ...


Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande Jun 2003

Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande

All Faculty Scholarship

No abstract provided.


The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande Apr 2003

The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz Jan 2003

Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz

Faculty Scholarship

In 1970, when the National Environmental Policy Act (NEPA) was enacted, the new and exciting information management technologies were the handheld four-function calculator and the eight-track tape cassette. Three decades later, after the personal computer, the digital revolution, and the World Wide Web, the implementation of NEPA is still stuck in the world of 1970. Other aspects of the bureaucracy have seen reform-the E-Government Strategy, an E-Government Act, the creation of a new Office of Electronic Government within the Office of Management and Budget (OMB), and, to focus on the environmental arena, the breathtaking success of the web-based Toxic Release ...


Digital Architecture As Crime Control, Neal K. Katyal Jan 2003

Digital Architecture As Crime Control, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This paper explains how theories of realspace architecture inform the prevention of computer crime. Despite the prevalence of the metaphor, architects in realspace and cyberspace have not talked to one another. There is a dearth of literature about digital architecture and crime altogether, and the realspace architectural literature on crime prevention is often far too soft for many software engineers. This paper will suggest the broad brushstrokes of potential design solutions to cybercrime, and in the course of so doing, will pose severe criticisms of the White House's recent proposals on cybersecurity.

The paper begins by introducing four concepts ...


Bargaining In The Shadow Of Copyright Law After Tasini, Maureen O'Rourke Jan 2003

Bargaining In The Shadow Of Copyright Law After Tasini, Maureen O'Rourke

Faculty Scholarship

Copyright law often provides the background rules against which bargaining over rights in works of information takes place. By granting creators of works of authorship certain exclusive rights and providing protection against infringement of those rights, copyright law effectively gives authors bargaining chips to use in negotiations with those who would exploit their works in some way. Generally, however, copyright law does not explicitly address imbalances in bargaining power that affect the division of the surplus between the parties to a copyright license. When the would-be exploiter of the copyrighted work wields some degree of market power or brings significant ...


Employer And Employee Rights And Responsibilities In A Networked Office, Ronald Tidd, Nancy Graber Pigeon Jan 2003

Employer And Employee Rights And Responsibilities In A Networked Office, Ronald Tidd, Nancy Graber Pigeon

All Faculty Scholarship for the College of Business

Internet-connectivity is having a profound impact on the workplace. Employees use it to access data and information from global sources, communicate with others instantaneously regardless of physical proximity, work anytime, anywhere, so long as they have a digital device connected to the Internet. Alternatively, the technology can be used to subject coworkers to objectionable material, violate workers' privacy, and convey the appearance of working when actually abusing Internet resources. This article discusses the existing laws regarding employee usage of an employer's Internet resources and employer monitoring of that usage. Thus, it provides a foundation for understanding a body of ...