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Full-Text Articles in Law
Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen
Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen
UC Law SF Communications and Entertainment Journal
Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …
The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista
UC Law SF Communications and Entertainment Journal
In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.
Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman
Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman
UC Law SF Communications and Entertainment Journal
The doctrine of patent exhaustion prevents the patent owner from controlling the further destiny of the patented invention once the owner authorized the first sale or use of the product in the marketplace. In recent years, the United States Court of Appeals for the Federal Circuit advanced a modified rule of exhaustion, which permits the U.S. patent holder to contractually restrict the first purchaser's subsequent re-use or re-sale of the product. The recent Jazz Photo decision is a controversial and unjustified switch from existing U.S. jurisprudence in the field of patent exhaustion and parallel imports. By applying a territorial rule …
How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi
How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi
UC Law SF Communications and Entertainment Journal
The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.
China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan
China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan
UC Law SF Communications and Entertainment Journal
This paper examines and analyzes why the majority of television viewers in China can only have access to domestic television at the beginning of the 21st century, despite direct broadcasting by satellite, which respects no national borders being widely employed in Asia for a decade. By applying national broadcasting rules, this paper argues, the Chinese authorities have successfully given effect to the "prior consent requirement," a concept which was fiercely debated in the international arena and has supposedly long been discarded because of disagreement among nations and technological advances.
The Biology Of The Broadcast Flag, Susan P. Crawford
The Biology Of The Broadcast Flag, Susan P. Crawford
UC Law SF Communications and Entertainment Journal
The Motion Picture Association of America (MPAA) and its content affiliates would like all consumer electronics and information technology companies to innovate "according to the rules." The arguments made by the MPAA and its content colleagues in support of national (and, eventually, global) control over the functionality of the devices that manipulate content are fundamentally troubling for the future of innovation and the future of law itself. But the content industry has hit on a very important way of thinking about law. We should pay attention to the evolutionary ecosystem of the law as the background medium in which innovation …
Racial Minorities And The Quest To Narrow The Digital Divide: Redefining The Concept Of “Universal Service”, Patricia M. Worthy
Racial Minorities And The Quest To Narrow The Digital Divide: Redefining The Concept Of “Universal Service”, Patricia M. Worthy
UC Law SF Communications and Entertainment Journal
The future of the United States as a nation depends, in large measure, on its ability to achieve equality for each member of its society. Historically there has been a national policy, known as universal service, of requiring that everyone should be provided the opportunity to receive basic telephone service at an affordable rate, regardless of geographic location or economic status. As computer technology developed, Congress and the Federal Communications Commission appropriately recognized its value. They have, through statutory mandates and regulatory policies, implemented various initiatives to achieve a universally level "playing field" to prevent a gap between information "haves" …
An Economic Analysis Of Domain Name Policy, Karl M. Manheim, Lawrence B. Solum
An Economic Analysis Of Domain Name Policy, Karl M. Manheim, Lawrence B. Solum
UC Law SF Communications and Entertainment Journal
One of the most important features of the architecture of the Internet is the Domain Name System (DNS), which is administered by the Internet Corporation for Assigned Names and Numbers (ICANN). The DNS is organized into a hierarchy of domains. The physical infrastructure of the DNS consists of name servers, which provides the information that directs name queries to the appropriate server. These facilities and devices are scarce resources in the economic sense, since they have a finite capacity and expansion is costly. The name space is scarce because each address (or set of characters) can only be allocated to …
Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez
Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez
UC Law SF Communications and Entertainment Journal
Although jury deliberations are kept secret, jurors sometimes speak out to the press after the conclusion of a trial about the rationale for their verdict, what pieces of evidence were important to their decision, and similar issues. Some argue that post-verdict juror interviews are harmful to the very foundation of the jury system, because they endanger defendants' fair trial rights, invade jurors' privacy, and distort public perception of jury verdicts. However, others, such as the author, consider these post-verdict interviews important, because they permit the public to gain a better understanding of the verdicts as well as the nature of …
Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman
Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman
UC Law SF Communications and Entertainment Journal
The United States is embarking on widespread implementation of biometric technology, which uses automated methods to identify people based on their physiological and behavioral characteristics. Regardless of how much we invest in establishing standards for reliability of the technology and protections of the data, no system will be foolproof. Biometric determinations will be subject to mistakes, fraud, and abuse through human and technological error, both intentional and inadvertent. We should, therefore, take this opportunity to develop methods for individuals to review and challenge biometric determinations. In particular, this article suggests a doctrinal framework for challenging biometric determinations made by administrative …
File-Sharing Copyright, And Privacy, Stephen Keating
File-Sharing Copyright, And Privacy, Stephen Keating
UC Law SF Communications and Entertainment Journal
Lawsuits brought by the recording industry against Internet users accused of illegal file sharing raise provocative questions about legal tactics, the piracy of copyrighted material, the openness of the Internet, and the future of peer-to-peer (P2P) file sharing. The history of satellite TV piracy may provide a key to understanding what comes next.
Newton V. Diamond: Measuring The Legitimacy Of Unauthorized Compositional Sampling— A Clue Illuminated And Obscured, Susan J. Latham
Newton V. Diamond: Measuring The Legitimacy Of Unauthorized Compositional Sampling— A Clue Illuminated And Obscured, Susan J. Latham
UC Law SF Communications and Entertainment Journal
This article discusses how the district court in Newton v. Diamond could have provided the music industry with a path of reasonable determination via which the risk of infringement due to unauthorized digital sampling of a musical composition could be reasonably estimated and prudent licensing decisions made. At the very least, it illuminated a clue through its threshold determination of protectability. However, as the author explains, the court of appeals obscured that clue beneath a conundrum of de minimis use analysis, highlighting the need for courts to settle upon a clear and consistent standard for de minimis use analysis.
Building Rome In A Day: What Should We Expect From The Riaa?, Valerie Alter
Building Rome In A Day: What Should We Expect From The Riaa?, Valerie Alter
UC Law SF Communications and Entertainment Journal
When a new technology enters the entertainment market, incumbents may look backwards rather than forwards. Today, peer-to-peer file sharing services enable users to get the weekly chart-toppers for free by downloading desired songs, depriving the record companies of their rightful royalties. The record companies fear that this free online peer-topeer systems will mean the end of the recording industry. In response, the Recording Industry Association of America (RIAA) has begun to prosecute individual users, including a 12-year-old girl. However, this approach is problematic, and there are two other potential solutions that may be preferable. First, the recording industry could abandon …
Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman
Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman
UC Law SF Communications and Entertainment Journal
Though typically invoked in legal writing for their portrayals of criminal trials and judicial failings, Victorian authors also probed a more subtle aspect of the law: the interrelationship of privacy and intellectual property. In their novels, this paper argues, these authors treated literary creations as uniquely private expression and used copyright-and the formal control it furnishes over publication-as a model for understanding privacy.
The Insufficiency Of Antitrust Analysis For Patent Misuse, Robin Feldman
The Insufficiency Of Antitrust Analysis For Patent Misuse, Robin Feldman
Faculty Scholarship
No abstract provided.