Law Commons^™

Swimming Upstream: Negotiating Music Licenses For Interactive Streaming In The United States And Canada. How Copyrights Holders Can Participate In New Media And Still Protect Their Rights., Daniela Paola Oliva

Daniela Oliva

This article compares the music licensing process for interactive streaming in Canada and the United States. Unbeknownst to many, the process of acquiring a music license for interactive streaming in Canada and the United States is similar.

The unique portion of this article discusses the reasons why Canada may not have been the primary destination for interactive streaming companies. The article also discusses the benefits and windfalls of interactive streaming. Ultimately, copyright holders have the ability to negotiate with interactive streaming companies to attempt to receive a fair licensing rate. This article emphasizes that copyright holders should familiarize themselves with …

The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman

Bill D. Herman

Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …

Social Media And Legal Ethics, Jonathan I. Ezor

Jonathan I. Ezor

A presentation on the legal issues arising out of attorney use of social media services, including for electronic discovery

Rationales For And Against Regulatory Involvement In Resolving Internet Interconnection Disputes, Rob Frieden

Rob Frieden

Internet Service Providers (“ISPs”) provide end users with access to and from the Internet cloud. In addition to providing the first and last mile carriage of traffic, ISPs secure upstream access to sources of content telecommunications carriers typically a paid (transit), or barter (peering) basis. Because a single ISP operates in two separate segments of traffic routing, the terms and conditions of network interconnection and the degree of marketplace competition can vary greatly. In this double-sided market, ISPs typically have many transit and peering opportunities upstream to content providers, but downstream end users may have a limited choice of ISP …

The Times They Are A-Changin’: The “Sexting” Problem And How The Intrusiveness Of A Cell Phone Search Determines The (Un)Constitutionality Of Suspicion-Based And Suspicionless Searches In The Public School Setting, Andrew T. Moore

Andrew T Moore

In the past decade cell phone use amongst teenagers has gone from luxury to perceived necessity. With the expanded abilities of modern cell phones, students are able to easily participate in social sexual behavior such as sending explicit images of themselves or others to other cell phone users, an activity known as “sexting.” While schools may want to do all they can to eradicate this behavior, school administrators must not violate the constitutional rights of their students in the process of doing so. When a school administrator comes to suspect “sexting” behavior, he or she must follow existing Fourth Amendment …

Aiming At The Wrong Target: The Audience Targeting Test For Personal Jurisdiction In Internet Defamation Cases, Sarah H. Ludington

Sarah H. Ludington

No abstract provided.

Right To Information Identity, Elad Oreg

Elad Oreg

Inspired by the famous Warren&Brandeis conceptualization of the "right to privacy", this article tries to answer a modern conceptual lacuna and present the argument for the need to conceptualize and recognize a new, independent legal principle of a "right to information-identity". This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways of relating to …

Electronic Discovery: A Survey Of E-Discovery, Its Effect On Corporate Constitutional Rights And Why Corporations May Receive The Fifth Amendment Privilege Against Self-Incrimination During Parallel Civil And Criminal Litigation, Percy Arnell King

Percy Arnell King Esq.

Advancing technology has created more places to seek out relevant information than ever before which, has created a burden for corporations tasked with retaining this information to comply with applicable laws and the prospect of civil or criminal litigation. This article explores how the modern trend of storing information electronically and subsequent electronic discovery allowed in parallel civil and criminal trials is inherently unfair to corporations. Furthermore, corporations have been granted several rights derived from the Bill of Rights, and should also receive the Fifth Amendment privilege against self-incrimination.

Metadata Discovery After The 2006 Amendments To The Federal Rules Of Civil Procedure: Did The Amendments Work?, Ryan J. Rawlings

Ryan J. Rawlings

In 2003, the Civil Rules Advisory Committee determined electronically stored information discovery required a national, uniformly applied rule, and proposed amendments to the Federal Rules of Civil Procedure explicitly addressing electronically stored information. The electronically stored information amendments to the Federal Rules of Civil Procedure became effective December 01, 2006. It is time to ask, did the amendments achieve the Committee’s goal to create a uniform system of electronic discovery? This Note will review the amendments to Rule 34 and the amendments’ effect on metadata discovery.

Checking The Staats: How Long Is Too Long To Give Adequate Public Notice In Broadening Reissue Patent Applications?, David M. Longo

David M. Longo

No abstract provided.

Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John Hughes

John L Hughes III

As the use of social media increases and becomes an integral part of nearly every student’s life, problems arise when student expression on these sites turns into threats against the school or other students, implicating both student safety and the speaker’s right to free speech. Facing a lack of Supreme Court precedent, school officials need guidance on whether and how to take action when a student makes threats on a social network—how to prevent any danger at school while respecting the student’s right to free speech. This Article provides that guidance. It develops an approach that combines the Supreme Court’s …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho S

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, Taiwo Oriola

Taiwo Oriola

Software vulnerabilities are inherent errors or mistakes in software programming and designs, and arguably the weakest link in digital information architecture with high propensity for rendering information systems infrastructure susceptible to compromise and hacking. Given the increasing reliance of the global economy on digital platforms with concomitant imperatives for securing sensitive intelligence, business and personal data, the need for continual corrective patch of perennially recurring critical software bugs is at once urgent and sacrosanct. This has precipitated research and a thriving market in software vulnerabilities, an integral element of the burgeoning multi-million dollars information security industry that epitomizes the externalization …

Novel "Neutrality" Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny, Jeffrey Jarosch

Jeffrey Jarosch

This Article examines a recent trend in which the Federal Trade Commission and other enforcement agencies investigate internet platforms for behavior that is insufficiently “neutral” towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a “neutral” result. Twitter, too, faces a formal investigation after the social media service restricted the ways in which third party developers could interact with Twitter through its application programming interface (API). These investigations represent a new attempt to shift the network …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

This Article …

Vernor V. Autodesk: Power To The...Producers?!, Elizabeth F. Wilhelm

Elizabeth F. Wilhelm

Vernor v. Autodesk, a recent case from the Ninth Circuit, threatens the very core of the first sale doctrine. Vernor radically alters the test for determining whether a transfer of a physical copy of copyrighted material is a sale or a license for the purposes of the first sale doctrine. The new test makes a transfer much more likely to be a license than a sale, possibly extending copyright protection beyond what is called for in the Copyright Act and extending the use of licensing in more media than just computer software. Many resale industries face the peril of widespread …

The Public Life Of The Virtual Self, Ari E. Waldman

Ari E Waldman

While the Internet has changed dramatically since the early 1990s, the legal regime governing online speech and liability is still steeped in an early myth of the Internet user, completely hidden from other Internet users, in total control of his online experience and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility and radical individuation online, allowing hate and harassment to run wild. I argue that the myth of the online anonym is not only false as a matter of technology, but also inaccurate – …

Social Media And The Rise In Consumer Bargaining Power, Wayne Barnes

Wayne Barnes

Consumers are constantly entering into form contracts, both offline and online. They do not read most of the terms, but the duty to read says the contracts are nevertheless fully enforceable. Moreover, consumers lack any real bargaining power when assenting to such contracts with merchants. Not only that, but if the products malfunctions, or they are somehow damaged by it, they will likely face the prospect of being limited in their available remedies because of boilerplate terms which are favorable to the merchant. In the “old days,” the consumer had no real recourse but to call a 1-800 number, and …

Cyberlaw 2.0, Jacqueline Lipton

Jacqueline D Lipton

In the early days of the Internet, Judge Frank Easterbrook famously dismissed the idea of an emerging field of cyberspace law as akin to a “law of the horse”— a pastiche of unrelated legal principles tied together only by virtue of applying to the Internet, having no unifying principles that would teach us anything meaningful. This article revisits Easterbrook’s assertions with the benefit of hindsight. It suggests that subsequent case law and legislative developments in fact do support a distinct cyberlaw field. It introduces the novel argument that cyberlaw is a global “law of the intermediated information exchange.” In other …

Mixed Reality: How The Laws Of Virtual Worlds Govern Everyday Life, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Just as the Internet linked human knowledge through the simple mechanism of the hyperlink, now reality itself is being hyperlinked, indexed, and augmented with virtual experiences. Imagine being able to check the background of your next date through your cell phone, or experience a hidden world of trolls and goblins while you are out strolling in the park. This is the exploding technology of Mixed Reality, which augments real places, people and things with rich virtual experiences. As virtual and real worlds converge, the law that governs virtual experiences will increasingly come to govern everyday life. The problem is that …