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Articles 481 - 510 of 581
Full-Text Articles in Internet Law
The Evolution Of Copyright Law In The Arts, Kevin Liftig
The Evolution Of Copyright Law In The Arts, Kevin Liftig
Honors Scholar Theses
As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …
Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski
Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Copytraps, Ned Snow
Copytraps, Ned Snow
Indiana Law Journal
Congress has unintentionally evoked copytraps, which exact thousands of dollars from the Internet user who innocently buys music without knowing that it infringes copyright. Copytraps arise when Web sites lure innocent users into downloading expression that seems legal but is actually infringing. Regardless of whether the Web site appears legitimate, whether a user's good-faith belief is reasonable, or whether the Web site owner is unaware that the material is infringing, users who download infringing material face strict liability punishment, and the penalties are severe. It is entrapment, with the spoils from the innocent going to large corporate copyright holders. The …
Law In The Virtual World: Should The Surreal World Of Online Communities Be Brought Back To Earth By Real World Laws, David Assalone
Law In The Virtual World: Should The Surreal World Of Online Communities Be Brought Back To Earth By Real World Laws, David Assalone
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
A Proposed Restriction On The First Amendment: Protecting Children From Internet Pedophiles, Jennifer L. Pass
A Proposed Restriction On The First Amendment: Protecting Children From Internet Pedophiles, Jennifer L. Pass
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen
Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Magic Circle, Joshua A.T. Fairfield
The Magic Circle, Joshua A.T. Fairfield
Vanderbilt Journal of Entertainment & Technology Law
This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …
The Future Of Licensing Music Online: The Role Of Collective Rights Organizations And The Effect Of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008), Neil Conley
UIC John Marshall Journal of Information Technology & Privacy Law
The current licensing regime practiced by collective rights organizations (“CROs”) is preventing rights holders from being able to reap the financial benefits that the Internet and digital transmissions of music can provide. The problem is that CROs license online music on a restrictive, national basis where the online transmission of music is worldwide, unrestricted by national boundaries. This territorially restrictive licensing system began in the nineteenth century and was practical for geographically limited methods by which music was played and transmitted. However, licenses to transmit music online or in the digital environment in general are restricted on a national basis …
Royalty Rate-Setting For Webcasters: A Royal(Ty) Mess, Amy Duvall
Royalty Rate-Setting For Webcasters: A Royal(Ty) Mess, Amy Duvall
Michigan Telecommunications & Technology Law Review
The Internet is a haven for free expression. Not only are content-based restrictions disfavored, but "[the internet] provides relatively unlimited, low-cost capacity for communication of all kinds." Almost half of all Americans have listened to music online, whether rebroadcasts of terrestrial radio or to find niche music that terrestrial radio simply does not play, and 13 percent tune in regularly. Webcasters provide a unique outlet for new artists; however, if royalty rates are set too high for all but the largest webcasters to stay in business, the variety of music available will be severely restricted. Musical diversity stimulates the generation …
Celebritysquatting: The Ubiquity Of Celebrity Culture And The Unique Problem It Presents For Domain Name Ownership, Sarah Noel Sheffield
Celebritysquatting: The Ubiquity Of Celebrity Culture And The Unique Problem It Presents For Domain Name Ownership, Sarah Noel Sheffield
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Recent Developments In Us Copyright Law – Part Ii, Caselaw: Exclusive Rights On The Ebb?, Jane C. Ginsburg
Recent Developments In Us Copyright Law – Part Ii, Caselaw: Exclusive Rights On The Ebb?, Jane C. Ginsburg
Faculty Scholarship
The 1976 Act announces broad exclusive rights, offset by a myriad of specific exemptions, and one wide exception for "fair use." In words and intent, the exclusive rights are capacious, but new technologies may have caused some of the general phrases to become more constraining than might have been expected from a text whose drafters took pains to make forward-looking. Thus, the scope of the reproduction right turns on the meaning of "copy;" the reach of the distribution right on "distribute copies" and "transfer of ownership;" the range of the public performance right on "public" and "perform." Entrepreneurs and users …
User-Generated Content And Virtual Worlds, Greg Lastowka
User-Generated Content And Virtual Worlds, Greg Lastowka
Vanderbilt Journal of Entertainment & Technology Law
Many legal commentators have claimed that virtual worlds owe their popularity to their focus on user-generated content and user creativity. While this is true in part and authorial freedom may draw consumers to virtual worlds, user-generated content can also pose risks to virtual world business from both an aesthetic and legal perspective. A significant tension exists between permitting participants to create content freely and building a successful virtual environment. In some instances, user-generated content can overwhelm virtual worlds. The future of user-generated content in virtual worlds is not clear, given the significant practical and legal problems that accompany user-generated content.
Youtube Or Youlose? Can Youtube Survive A Copyright Infringement Lawsuit, Jason C. Breen
Youtube Or Youlose? Can Youtube Survive A Copyright Infringement Lawsuit, Jason C. Breen
ExpressO
YouTube, and similar video web hosting services, have already been targets of copyright infringement lawsuits. YouTube’s liability is most likely dependant on whether the service meets the requirements of the DMCA safe harbor for service providers under 17 U.S.C.A. § 512(c). This paper briefly examines how YouTube would fare under the different theories of copyright infringement and discusses whether the DMCA safe harbor would be available to YouTube if they were found liable as an infringer. The limited case law available indicates that the DMCA safe harbor will likely facilitate YouTube’s continued existence, unlike services like Grokster, although YouTube would …
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Remedying The Lose-Lose Game Of Compulsive Gambling: Voluntary Exclusions, Mandatory Exclusions, Or An Alternative Method?, 40 J. Marshall L. Rev. 1221 (2007), William N. Thompson, Robert W. Stocker Ii, Peter J. Kulick
Remedying The Lose-Lose Game Of Compulsive Gambling: Voluntary Exclusions, Mandatory Exclusions, Or An Alternative Method?, 40 J. Marshall L. Rev. 1221 (2007), William N. Thompson, Robert W. Stocker Ii, Peter J. Kulick
UIC Law Review
No abstract provided.
Will Youtube Sail Into The Dmca's Safe Harbor Or Sink For Internet Piracy?, 6 J. Marshall Rev. Intell. Prop. L. 550 (2007), Michael Driscoll
Will Youtube Sail Into The Dmca's Safe Harbor Or Sink For Internet Piracy?, 6 J. Marshall Rev. Intell. Prop. L. 550 (2007), Michael Driscoll
UIC Review of Intellectual Property Law
Is YouTube, the popular video sharing website, a new revolution in information sharing or a profitable clearing-house for unauthorized distribution of copyrighted material? YouTube’s critics claim that it falls within the latter category, in line with Napster and Grokster. This comment, however, determines that YouTube is fundamentally different from past infringers in that it complies with statutory provisions concerning the removal of copyrighted materials. Furthermore, YouTube’s central server architecture distinguishes it from peer-to-peer file sharing websites. This comment concludes that any comparison to Napster or Grokster issuperficial, and overlooks the potential benefits of YouTube to copyright
Myspace, But Whose Responsibility - Liability Of Social-Networking Websites When Offline Sexual Assault Of Minors Follows Online Interaction, Elizabeth P. Stedman
Myspace, But Whose Responsibility - Liability Of Social-Networking Websites When Offline Sexual Assault Of Minors Follows Online Interaction, Elizabeth P. Stedman
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Cope-Ing With The Future: An Examination Of The Potential Copyright Liability Of Non-Neutral Networks For Infringing Internet Content, Alex Pisarevsky
Cope-Ing With The Future: An Examination Of The Potential Copyright Liability Of Non-Neutral Networks For Infringing Internet Content, Alex Pisarevsky
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Anonymity On The Internet: How Does It Work, Who Needs It, And What Are Its Policy Implications?, Eric J. Stieglitz
Anonymity On The Internet: How Does It Work, Who Needs It, And What Are Its Policy Implications?, Eric J. Stieglitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler
Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Striking A Balance Between Protecting Civil Rights And Free Speech On The Internet: The Fair Housing Act Vs. The Communications Decency Act, Rachel Kurth
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Pros And Cons Of Strengthening Intellectual Property Protection: Technological Protection Measures And Section 1201 Of The Us Copyright Act, Jane C. Ginsburg
The Pros And Cons Of Strengthening Intellectual Property Protection: Technological Protection Measures And Section 1201 Of The Us Copyright Act, Jane C. Ginsburg
Faculty Scholarship
The recent announcement (in late November 2006) of the Copyright Office's triennial rulemaking to identify "classes of works" exempt from the § 1201(a)(1) prohibition on circumvention of a technological measure controlling access to copyrighted works in part occasions this assessment of the judicial and administrative construction of this chapter of the 1998 Digital Millennium Copyright Act. The current Rulemaking appears more innovative than its predecessors, particularly in defining the exempted class of works by reference to the characteristics of the works' users. Copyright owner overreaching or misuse may also underlie the relative vigor of this Rulemaking: if producers of devices …
Big Entertainment Needs A Sequel To The Highly Anticipated Flop: Mgm V. Grokster, Anuj Desai
Big Entertainment Needs A Sequel To The Highly Anticipated Flop: Mgm V. Grokster, Anuj Desai
Georgia Law Review
The entertainmentindustry's attempts to police copyright infringement by targeting technologies that enable copying of protected works remain unworkable. More than twenty years ago, Hollywood initiated this strategy when it sued Sony, claiming users copied protected broadcast TV shows using Sony's Betamax, thus branding Sony a contributory infringer. The Supreme Court, however, rejected this argument in Sony Corp. of Am. v. Universal City Studios, Inc. and found that Sony was not liable as it had no knowledge of the infringement and its product was capable of substantialnoninfringing uses. The Sony doctrine was revived in the late 1990s when it was successfully …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Three Reactions To Mgm V. Grokster, Pamela Samuelson
Three Reactions To Mgm V. Grokster, Pamela Samuelson
Michigan Telecommunications & Technology Law Review
It was prescient of the Michigan Telecommunications and Technology Law Review to have organized a conference to discuss the Supreme Court's decision in Metro-Goldwyn-Mayer, Inc. v. Grokster, Inc. As the articles in this issue reveal, commentators have had somewhat mixed reactions to the Grokster decision. Perhaps I am the most mixed (or mixed up) about Grokster among its commentators, for I have had not just one but three reactions to the Grokster decision. My first reaction was to question whether MGM and its co-plaintiffs really won the Grokster case, or at least won it in the way they had hoped. …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
ExpressO
This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.
A Collective Rights Society For The Digital Age, John Maloney
A Collective Rights Society For The Digital Age, John Maloney
Florida State University Journal of Transnational Law & Policy
No abstract provided.
A Winner Is Who? Fair Use And The Online Distribution Of Manga And Video Game Fan Translations, Jaime E. Muscar
A Winner Is Who? Fair Use And The Online Distribution Of Manga And Video Game Fan Translations, Jaime E. Muscar
Vanderbilt Journal of Entertainment & Technology Law
This note examines the legality of fan translations of Japanese comic books, known as manga, and video games distributed over the Internet, with special consideration given to the application of the fair use doctrine. Technology related to the distribution of media online grows exponentially compared to the law governing this technology. Although much recent litigation has limited the online distribution of traditional media, both copyright holders and courts have largely ignored a fringe segment of this distribution. This fringe includes manga and video games. Manga can be easily shared online by scanning images, and video games are now frequently converted …