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Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Fordham Law Review
Computer software is protected by copyright law through its underlying code, which courts have interpreted as constituting a “literary work” pursuant to the Copyright Act. Prior to including software as copyrightable subject matter, Congress established a termination right which grants original authors the ability to reclaim their copyright thirty-five years after they have transferred it. Termination was intended to benefit up-and-coming authors who faced an inherent disadvantage in the market when selling the rights to their works. In the near future, many software works will reach the thirty-five-year threshold, thus presenting courts with a novel application of termination to computer …
Cacophony Or Concerto?: Analyzing The Applicability Of The Wiretap Act’S Party Exception For Duplicate Get Requests, David Koenig
Cacophony Or Concerto?: Analyzing The Applicability Of The Wiretap Act’S Party Exception For Duplicate Get Requests, David Koenig
Fordham Law Review
The Electronic Communications Privacy Act (“Wiretap Act”) prohibits the intentional interception of an electronic communication. However, “parties to a communication” can intercept a communication without Wiretap Act liability. Parties include the intended recipients of a communication. When internet users navigate the internet, they communicate with websites using GET requests. The users’ GET requests call out to websites and websites respond by providing the websites’ content to the users. During this process, websites receive user data. This data can include information about the website visited, the search terms used to locate the website, and referral data identifying the last web page …