Communications Law Commons^™

Linking Copyright To Homepages, Matt Jackson

Federal Communications Law Journal

The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with a …

Combatting Slapps: Absolutism Is Not The Answer, Daniel O. Conkle

Federal Communications Law Journal

Book Review: SLAPPs: Getting Sued for Speaking Out, by George W. Pring and Penelope Canan, Temple University Press, 1996, 279 pages.

Masthead Vol.49 No.3 (1997)

Federal Communications Law Journal

No abstract provided.

Bibliography, Kenneth L. Parker, Tania A. Hrickik

Federal Communications Law Journal

A Selected Bibliography on the Telecommunications Act of 1996

Regulating Electronic Money In Small-Value Payment Systems: Telecommunications Law As A Regulatory Model, Randall W. Sifers

Federal Communications Law Journal

A smart card, or stored value card, is a credit card-sized payment mechanism with an embedded integrated circuit chip. Current technology allows value to be placed on the card through an ATM terminal, a telephone equipped with a card reader, or a personal computer equipped with a card reader. The suitability of the card for small-value, high-volume transactions indicates that stored value cards could, to a large extent, replace currency transactions. Existing laws are not tailored to deal with the nature of transactions involving stored value cards, nor do they address nonbank card issuers. The integration of telecommunications and financial …

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Fcc Reform: Governing Requires A New Standard, William H. Read, Ronald Alan Weiner

Federal Communications Law Journal

Perhaps one of the most crucial questions legislators need to address after passing the 1996 Act is the reform of the Federal Communications Commission. Some suggest that the Commission should be abolished altogether, while others recommend merely curtailing some of the Commission's responsibilities. However, true reform of the FCC recognizes that the Commission still has a vital role to play in the shaping of the telecommunications industry. Instead of dismantling the FCC altogether, Congress should redefine the public interest standard under which the FCC operates. The 1934 Communications Act charged the Federal Communications Commission with protecting "the public interest." While …

Masthead Vol.49 No.2 (1997)

Federal Communications Law Journal

No abstract provided.

Understanding The Telecommunications Act Of 1996, Christopher H. Sterling

Federal Communications Law Journal

Books Reviewed:

Guidebook to the Telecommunications Act of 1996; by Charles D. Ferris, Frank W. Lloyd, and Howard J. Symons; Matthew Bender & Co., Inc. (1996); 298 pages

The Telecommunications Act of 1996: Special Report; by Peter W. Huber, Michael K. Kellogg, and John Thorne; Little, Brown & Co. (1996); 428 pages

Telecommunications Act Handbook: A Complete Reference For Business; by Leon T. Knauer, Ronald K. Machtley, and Thomas M. Lynch; Government Institutes (1996); 620 pages

Legal Guide to Broadcast Law and Regulation; by the National Association of Broadcasters (5th ed. 1996); 700 pages

The Telecommunications Act of 1996: What …

Editor's Note, Randall W. Sifers

Federal Communications Law Journal

No abstract provided.

Ideas Of The Marketplace: A Guide To The 1996 Telecommunications Act, Michael I. Meyerson

Federal Communications Law Journal

The 1996 Telecommunications Act has forever transformed the regulatory landscape. The Act contemplates the creation of competition across the full telecommunications field, even in areas such as local telephone service and cable television service that had previously been monopoly controlled. The main combatants in this new marketplace will tend to be even larger companies than those currently dominating the scene. There are numerous dangers, however, that will have to be averted in order for the Act to be successful. The first is that existing monopolies, such as the BOCs and cable operators, will leverage their current power either to gain …

How Far Is Too Far? The Line Between "Offensive" And "Indecent" Speech, Milagros Rivera-Sanchez

Federal Communications Law Journal

Defining "indecency" in the context of radio broadcast seems quite a chore. While the Federal Communications Commission has struggled to set fbrth workable guidelines for "indecency," a great deal of uncertainty continues to surround broadcasters. Recognizing this confusion, the article surveys indecency complaints which were made to the FCC between 1989 and 1995 and eventually dismissed. An analysis of cases which the FCC fbund "not actionably indecent" helps delineate the FCC's decency standard. Dismissed cases are also compared and contrasted with cases in which the FCC took action against a broadcaster

Antitrust And Communications: Changes After The Telecommunications Act Of 1996, Douglas B. Mcfadden

Federal Communications Law Journal

The 1996 Telecommunications Act is a return to competition in telephony which existed at the beginning of the century. The enactment of the '96 Act will significantly change the application of the antitrust laws to communications activities. Prior to the enactment of the '96 Act, telecommunications companies were somewhat immunized from full application of the antitrust laws regarding mergers and acquisitions because of regulation by the Federal Communications Commission and the state public utility commissions. Now, telephone companies will be fully subject to antitrust scrutiny under three schemes: the Clayton Act, the Hart-Scott- Rodino Act, and the FCC public interest …

Regulating Competition In The Interexchange Telecommunications Market: The Dominant/Nondominant Carrier Approach And The Evolution Of Forbearance, Scott M. Schoenwald

Federal Communications Law Journal

Although significant competition began to develop in the interexchange market during the mid-twentieth century, the Federal Communications Commission did not undertake a meaningful effort to regulate competitive forces until it commenced its Competitive Carrier rulemaking in 1979. This proceeding, which adopted a market power approach to rate, tariff, and facilities regulation in order to enhance competition, service diversity, and consumer welfare, constituted a fundamental change in the Commission's monopoly-based regulatory approach to telecommunications. The author examines the market power approach to the regulation of competition in the interexchange telecommunications market recently adopted by the FCC, with an emphasis on the …

Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley

Federal Communications Law Journal

This Note posits that the Sunshine Act should be narrowed to allow the FCC to operate in the same way as Congress and the Federal courts. The FCC should be allowed to engage in open and frank discussion of issues facing the Commission without rigid restrictions on collegial conversation between Commission members.

Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone

Federal Communications Law Journal

Courts should not rely upon a standard of vicarious liability to hold service providers responsible for copyright infringement. Rather, courts should rely on a contributory liability standard which will not undermine the growth of the Internet.

Son Of Son Of Sam: Trashing Popular Media And Criminalizing Crime-Related Expression, David Sternbach

UC Law SF Communications and Entertainment Journal

When the Supreme Court struck down New York's "Son of Sam" statute on First Amendment grounds, it nonetheless found that states have "an undisputed compelling interest in ensuring that criminals do not profit from their crimes." The Court in effect invited states and lower courts to find less restrictive means to restrict crime-related expression, yet declined to address the question of how, or whether, expression-related income can be considered profit from crime. This Article examines that question, and discusses judicially-imposed restrictions on receipt of payment for expression deemed to be crime-related, including fines intended to forestall sales of stories by …

The Fairness In Musical Licensing Act: The Tavern Bill Casts A Shadow, Julie B. Raines

UC Law SF Communications and Entertainment Journal

The Fairness in Musical Licensing Act, now pending before Congress, would allow restaurants owners and other businesses to play copyrighted music in their place of business without paying royalties or licensing fees to the copyright owner. This Article discusses the Fairness Act in the context of the 1976 Copyright Act and analyzes the effect of the Fairness Act on the future of the music industry if it passes into law. This Article also offers other possible solutions to the underlying conflicts that the Fairness Act seeks to remedy. The author concludes that the Fairness Act unreasonably exempts a large group …

The Telecommunications Act Of 1996: Predicting The Winners And Losers, Robert M. Frieden

UC Law SF Communications and Entertainment Journal

The Telecommunications Act of 1996 has created substantial upheaval across the telecommunications landscape. On one hand, the 1996 Act created broad deregulatory and market entry opportunities for new market players; on the other hand, those implementing the Act have presumed that incumbent carriers will cooperate with new market entrants thereby accelerating the loss of market share, but gaining new market entry opportunities once competition begins to flourish. This Article analyzes the Various different factions that are likely to benefit from the Act, as well as those that are likely to suffer losses from telecommunications deregulation. The author concludes that the …

Is A Website Like A Flea Market Stall - How Fonovisa V. Cherry Auction Increases The Risk Of Third-Party Copyright Infringement Liability For Online Service Providers, Kenneth A. Walton

UC Law SF Communications and Entertainment Journal

In a recent decision, Fonovisa v. Cherry Auction, the Ninth.Circuit allowed a record company to sue a swap meet for copyright infringement committed by the swap meet's vendors. The vendors rented a stall from the Cherry Auction swap meet and sold counterfeit music cassettes that infringed the plaintiff Fonovisa's copyright. The Ninth Circuit held that the swap meet could be sued under theories of contributory infringement and vicarious infringement.

The Fonovisa decision extends the scope of third-party copyright infringement liability beyond previously established boundaries. This extension may make it much easier to hold an online service provider (OSP) liable for …

Countdown To 1998: Status Of Telecommunications Competition In Europe And Comparison With The United States, Mark Naftel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Electronic Signature Act Of 1996: Breaking Down Barriers To Widespread Electronic Commerce In Florida, William E. Wyrough, Jr., Ron Klein

Florida State University Law Review

No abstract provided.

Taking Aim At The Takings Argument: Using Forward-Looking Pricing Methodologies To Price Unbundled Network Elements, E. Sanderson Hoe, Stephen Ruscus

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Should Trade Secret Appropriation Be Criminalized, I. Neel Chatterjee

UC Law SF Communications and Entertainment Journal

Trade secret law is a rapidly developing and increasingly popular system of intellectual property which strikes a tenuous balance between individual profit benefit through secrecy and maximization of social welfare. In doing so, trade secret law adopts some property-based and some liability-based principles. This Article argues that criminalizing trade secret appropriation unjustifiably extends protection as a property-based concept beyond economically efficient goals. The author concludes that punitive damages within the context of civil liability are a more economically efficient means to deter unauthorized use of trade secrets and "socially blameworthy" conduct.

Patent Opinions, Privileges, And The Advice Of Counsel Defense To Claims Of Willfull Patent Infringement: Litigation Counsel Caught In The Crossfire, Michael M. Markman

UC Law SF Communications and Entertainment Journal

The interests advanced by the attorney-client privilege and work product doctrines are a subject of frequent debate. Scholars and practitioners agree, however, that both forms of discovery protection must be waived in certain circumstances. One such situation is where a client asserts the "advice of counsel" as a defense. In the arena of patent litigation, the waiver of discovery protection arises where the alleged patent infringer asserts the advice of counsel defense to claims of willful patent infringement.

The scope of waiver of discovery protections upon asserting the advice of counsel defense to claims of willful patent infringement is expanding …

Lessons From Oz: Quantitative Guidelines For Children's Educational Television, Angela J. Campbell

UC Law SF Communications and Entertainment Journal

To implement the Children's Television Act of 1990, the Federal Communications Commission recently adopted a guideline assuring license renewal to television stations that air three hours per week of children's educational programming. This Article explores the likely success of the guideline by examining Australia's long experience with a children's television quota. The author argues that Australia's experience suggests that quantitative guidelines can lead to an increase in the quantity of children's educational programming. At the same time, as in Australia, broadcasters may try to count as children's educational programming programs that are not specifically designed for children, are of low …

Limitations On Claims Of Ownership And Claims For Royalties, Donald E. Biederman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo

UIC Law Review

No abstract provided.

Information Property And The Internet, Henry V. Barry

UC Law SF Communications and Entertainment Journal

The concept of information as property is not new, but has gained new momentum with the development of the Internet. During the past century, courts have developed theories recognizing and protecting limited property rights in information, and prohibiting forms of information misappropriation. The author argues that the expanding use of the Internet generally, and the World Wide Web in particular, have resulted in a "misappropriation explosion" which, if unmoderated, could result in reduced access to information.

The author traces the evolution of property rights in information. Next, the author discusses the recent expansion in the law of misappropriation in federal …

Privacy And The Internet, Maureen S. Dorney

UC Law SF Communications and Entertainment Journal

This Article provides an overview of United States privacy status and regulations governing privacy issues and recent European privacy initiatives. The author explores how, in the absence of an overarching regulatory framework, steps have been taken by government and industry to address consumers concerns about privacy and the Internet.

War.Com: Why The Battles Over Domain Names Will Never Cease, Deborah Howitt

UC Law SF Communications and Entertainment Journal

In this Note, the author discusses the history of disputes over Internet domain names and presents potential solutions to the problem. The author reviews the International Ad Hoc Coalition's proposal for additional top-level domains, and concludes that new domains will not provide an adequate solution to disputes over domain names.

The author provides an overview of trademark law, including the Federal Trademark Dilution Act of 1995, which created a federal cause of action for trademark dilution. Although the addition of this cause of action has made it easier for trademark owners to prevent the use by others of "famous" marks …