Law Commons^™

Does Your Website Put You At Risk?—Liability Issues In Using Third Party Content: Global Perspectives, James Maxeiner

All Faculty Scholarship

This presentation examines some of the new laws that affect the liability risks faced by online service providers that rely in part or in whole on information posted or otherwise provided by third parties, both with respect to issues associated with liability for defamatory information and to infringement issues.

In this presentation we are going to consider first the most important areas of liability for distribution of third party content. These laws pre-date the Internet and continue in force. We will then consider liability for third party content under the most important of those laws. Finally, we will consider how …

Rights Of Access And The Shape Of The Internet, Michael J. Madison

Articles

This Article reviews recent developments in the law of access to information, that is, cases involving click-through agreements, the doctrine of trespass to chattels, the anti-circumvention provisions of the Digital Millennium Copyright Act, and civil claims under the Computer Fraud and Abuse Act. Though the objects of these different doctrines substantially overlap, the different doctrines yield different presumptions regarding the respective rights of information owners and information consumers. The Article reviews those presumptions in light of different metaphorical premises on which courts rely: Internet-as-place, in the trespass, DMCA, and CFAA contexts, and contract-as-assent, in the click-through context. It argues that …