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Full-Text Articles in Law
Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage
Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage
Michigan Business & Entrepreneurial Law Review
Rapid developments in digital technology over the past quarter century have made it easier than ever for people to create and instantly share content. These developments have served as the basis for countless innovations and have spawned some of today’s largest and most profitable companies. As content creation and distribution continues to evolve, businesses seek new ways to profit from these technological innovations. But while businesses continue to develop around new methods of content distribution, the law of copyright, which generally aims to encourage the creation of content, has been slow to adapt. This era of modern technological innovation thus …
Geographically Restricted Streaming Content And Evasion Of Geolocation: The Applicability Of The Copyright Anticircumvention Rules, Jerusha Burnett
Geographically Restricted Streaming Content And Evasion Of Geolocation: The Applicability Of The Copyright Anticircumvention Rules, Jerusha Burnett
Michigan Telecommunications & Technology Law Review
A number of methods currently exist or are being developed to determine where Internet users are located geographically when they access a particular webpage. Yet regardless of the precautions taken by website operators to limit the locations from which they allow access, it is likely that users will find ways to gain access to restricted content. Should the evasion of geolocation constitute circumvention of access controls so that § 1201 of the Digital Millennium Copyright Act ("DMCA") applies? Because location data can properly be considered personally identifiable information ("PII"), this Note argues that § 1201 should not apply absent a …
Whose Social Network Account: A Trade Secret Approach To Allocating Rights, Zoe Argento
Whose Social Network Account: A Trade Secret Approach To Allocating Rights, Zoe Argento
Michigan Telecommunications & Technology Law Review
Who has the superior right to a social network account? This is the question in a growing number of disputes between employers and workers over social network accounts. The problem has no clear legal precedent. Although the disputes implicate rights under trademark, copyright, and privacy law, these legal paradigms fail to address the core issue. At base, disputes over social network accounts are disputes over the right to access the people, sometimes numbering in the tens of thousands, who follow an account. This Article evaluates the problem from the perspective of the public interest in social network use, particularly the …
Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz
Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz
Michigan Business & Entrepreneurial Law Review
This article examines issues that are more frequently arising for universities concerning intellectual property in student inventions. It seeks to identify the issue, explain the underlying law, identify actual and proposed solutions to these issues, and explain the legal ramifications of these potential solutions.
Media-Rich Input Application Liability, David R. Krohn, Pekarek
Media-Rich Input Application Liability, David R. Krohn, Pekarek
Michigan Telecommunications & Technology Law Review
Until recently, media-rich online interactions were mostly unidirectional: multimedia content was delivered by the service provider to the user. Input from the user came almost exclusively in the form of text. Even when searching the Internet for images or audio, a user typically entered text into a search engine. In addition, search engines indexed multimedia content by analyzing not the content itself but the text surrounding it. This is rapidly changing. With the rise of multimedia-capable smartphones and wireless broadband, applications that allow users to search using non-textual inputs are quickly becoming popular. These applications go much further than simply …
Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola
Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola
Michigan Telecommunications & Technology Law Review
Section 1201(a)(1) of the Copyright Act prohibits the act of "circumvent[ing] a technological measure that effectively controls access to a work," including, for example, by-passing password protection or encryption intended to restrict access to paying customers. Section 1201(a)(2) prohibits the manufacture or sale of "any technology, product, service, device, component, or part thereof" primarily designed for the purpose of circumventing access controls on copyrighted works. Additionally, § 1202(b) prohibits the manufacture or sale of products, devices or services primarily designed to circumvent "a technological measure that effectively protects a right of a copyright owner"--for example, a technological measure intended to …
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Michigan Telecommunications & Technology Law Review
...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met …
Addressing The Reprographic Revolution: Compensating Copyright Owners For Mass Infringement, Rosalind S. Kurz
Addressing The Reprographic Revolution: Compensating Copyright Owners For Mass Infringement, Rosalind S. Kurz
University of Michigan Journal of Law Reform
This Article addresses the unique problems created by the reprographic revolution. Part I discusses recent legislative attempts to relieve the strain placed on existing copyright law by developing reprographic technologies. Using the recent Betamax case as an example, part II criticizes judicial efforts to apply traditional copyright doctrine to issues involving reprographic technologies. Finally, part III proposes a framework for devising, an enforcement scheme to protect copyright holders' rights without denying the public the many benefits offered by reprographic technologies. The Article outlines an approach tailored to meet the special problems associated with each of the three basic reprographic technologies: …