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Articles 151 - 163 of 163

Full-Text Articles in Communications Law

Linking Copyright To Homepages, Matt Jackson Apr 1997

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 …

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The Communications Decency Act, Jim Exon Nov 1996

The Communications Decency Act, Jim Exon

Federal Communications Law Journal

No abstract provided.

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Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson Nov 1996

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.

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The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon Nov 1996

The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon

Federal Communications Law Journal

Among the most visible and controversial provisions of the Telecommunications Act of 1996 have been those of an amendment to the larger act known as the Communications Decency Act. This article critically examines the legislative history of this amendment, creating a record of both official and unofficial sources. The article also notes the relevance of the legislative history as demonstrating both the unconstitutionality and the practical inefficacy of the statute.

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Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther Mar 1996

Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther

Cardozo Law Review

One of the doubts raised against discourse theory by many critics concerns the place of the individual. Liberals especially fear that the individual gets involved in a system of obligations which is derived from certain pragmatical presuppositions of communication and which forces the individual to participate in discourses whenever he or she pursues his or her own happiness in society. But Jacques Derrida too, who could scarcely be called a "liberal" in the traditional sense, characterizes those presuppositions of communication which entail an obligation for the speaker and the hearer as "violence." For these critics, it must now be a …

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Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins Oct 1995

Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins

Michigan Law Review

This Note argues that a computer bulletin board operator's liability for copyright infringement by users of the bulletin board should be analyzed under the theory of contributory copyright infringement. This Note calls for a standard of liability under contributory copyright infringement that accommodates the competing interests at stake in the resolution of this issue. Part I provides an overview of copyright infringement law and argues that in most situations the operator's actions, viewed independently, do not constitute copyright infringement. Part II explores theories of third-party liability. This Part rejects the doctrine of vicarious liability as an effective means for establishing …

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Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece Jun 1995

Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece

Michigan Telecommunications & Technology Law Review

The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …

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A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn Jan 1995

A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Jefferson On The Internet, Nicholas Johnson Dec 1994

Jefferson On The Internet, Nicholas Johnson

Federal Communications Law Journal

No abstract provided.

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Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters Dec 1994

Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters

Federal Communications Law Journal

No abstract provided.

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Broadcast Licensees And Localism: At Home In The "Communications Revolution", Gigi B. Sohn, Andrew Jay Schwartzman Dec 1994

Broadcast Licensees And Localism: At Home In The "Communications Revolution", Gigi B. Sohn, Andrew Jay Schwartzman

Federal Communications Law Journal

No abstract provided.

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Drive Smoothly To Get On The Information Superhighway, Albert H. Halprin Dec 1994

Drive Smoothly To Get On The Information Superhighway, Albert H. Halprin

Federal Communications Law Journal

No abstract provided.

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The National Information Infrastructure Initiative And The Emergence Of The Electronic Superhighway, Jonathan D. Blake, Lee J. Tiedrich Jun 1994

The National Information Infrastructure Initiative And The Emergence Of The Electronic Superhighway, Jonathan D. Blake, Lee J. Tiedrich

Federal Communications Law Journal

The "information superhighway" has become a multipurpose label for the nation's evolving communications structure. Private investment to extend and enhance communications capacity, convergence of presently disparate technologies, and governmental policy will all play a role in formulating the superhighway's composition. Plainly, the challenges that lie ahead in constructing and regulating the superhighway will confront both the public and private sectors. The Authors begin their discussion by exploring the communications industry's role in developing the information superhighway. They then examine the details of both pending infrastructure legislation and the Clinton administration's infrastructure proposal. The Authors also discuss the construction and regulatory …

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