Internet Law Commons^™

Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle

Vanderbilt Journal of Entertainment & Technology Law

Part II of this Note presents an overview of domain names as well as a general overview of cybersquatting and trademarks. Part III analyzes some of the measures Congress has taken against cybersquatting and the case law under those measures. Part IV gives a general overview of typosquatters, who constitute a subgroup of cybersquatters. Part V discusses the TDNA and issues that have been addressed through U.S. v. Zuccarini. Part VI asks whether the TDNA is an unconstitutional restriction on free speech. Part VII questions whether criminal liability is appropriate and argues for a higher culpability standard in § 2252(B)(b) …

"Don't Let The Sun Go Down On Me:" An In-Depth Look At Opportunistic Business Method Patent Licensing And A Proposed Solution To Allow Small-Defendant Business Method Users To Sing A Happier Tune, 37 J. Marshall L. Rev. 1359 (2004), Andrea Lynn Evensen

UIC Law Review

No abstract provided.

A Dollar Short: The Impact Of The Can-Spam Act Of 2003 On Illinois Businesses, 37 J. Marshall L. Rev. 1289 (2004), Timothy S. O'Brien

UIC Law Review

No abstract provided.

Balancing Individual Privacy Rights And The Rights Of Trademark Owners In Access To The Whois, 38 J. Marshall L. Rev. 357 (2004), Jeffrey Stephen Sobek

UIC Law Review

No abstract provided.

Dow Jones & Co. V. Gutnick: Will Australia's Long Jurisdictional Reach Chill Internet Speech World-Wide?, Nathan W. Garnett

Washington International Law Journal

In December of 2002, the High Court of Australia issued its decision in Dow Jones & Co. v. Gutnick, holding that Dow Jones could be haled into court in Australia for the publication of defamatory material on the Internet. This decision was surprising because the material in question was published in the United States on Dow Jones's New Jersey web servers. This decision makes Australia the only country that allows an action against a foreign defendant based solely on an Internet download in that country. However, the structure of the Gutnick opinion may open the door for other countries …

Access Denied: Improper Use Of The Computer Fraud And Abuse Act To Control Information On Publicly Accessible Internet Websites, Christine D. Galbraith

Maryland Law Review

No abstract provided.

Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch

Villanova Law Review (1956 - )

No abstract provided.

Crafting A License To Know From A Privilege To Access, Jane K. Winn

Articles

Should the doctrine of trespass to chattels apply to unauthorized access to Internet facilities? If it does, then the property rights of the owners of computers connected to the Internet may be vindicated, but at a cost of diminished public access to information posted on the Internet. If it does not, then incentives to invest in the kind of commercial facilities that now largely constitute the Internet may be undermined, but the public interest in knowledge gleaned from information posted on the Internet will be protected.

Although trespass to chattels has been derided as an anachronism ill-suited to the Internet, …

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …

The Right To Play, Edward Castronova

NYLS Law Review

No abstract provided.

Bringing Online Dispute Resolution To Virtual Worlds: Creating Processes Through Code, Ethan Katsh

NYLS Law Review

No abstract provided.

Market Bubbles And Wasteful Avoidance: Tax And Regulatory Constraints On Short Sales, Michael R. Powers, David M. Schizer, Martin Shubik

Faculty Scholarship

In recent years, a speculative bubble in Internet stocks has burst and several "blue chip" firms have failed amidst high profile allegations of corporate misconduct. Why did high-tech start-ups with no earnings attain such lofty valuations? Why didn't sophisticated investors keep prices at saner levels? And why didn't more sophisticated investors look past accounting gimmicks much earlier to uncover problems at Enron and other firms? More generally, why did the mechanisms of market efficiency prove inadequate? While there obviously is no single answer to these complex questions, this Article focuses on one piece of the problem: U.S. tax and regulatory …

Site Finder And Internet Governance, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the third issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue includes three articles covering the AOL Instant Messenger restriction before the FCC, online alternative dispute resolution, and a proposal for regulating Internet gambling.

Using Adr To Resolve Online Disputes, Aashit Shah

Richmond Journal of Law & Technology

In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, it is my pleasure to welcome you to the fth and nal issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue represents another “ first” for the Journal – the world’s first Annual Survey dedicated to e-Discovery law. For more information on this Issue, I invite you to read the Letter from the Annual Survey Editor and the article, A Topic Both Timelyand Timeless, prepared by Professor James Gibson.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar

Richmond Journal of Law & Technology

On behalf of the Editorial Board and Staff, I would like to welcome you to Volume XI of the Richmond Journal of Law & Technology. As we look ahead to the coming year, and particularly to our tenth anniversary this April, we would like to thank you for your continued support. The Richmond Journal of Law & Technology would not be what it is today without quality submissions from practitioners, positive feedback from our readers, and the diligent efforts of so many who have worked to make the Journal a success over the past ten years. In this first issue, …

Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott

Richmond Journal of Law & Technology

As technology advances, the threat of rampant and unprecedented theft of digital media continues to grow. The music industry has already faced, and continues to face, this threat, but has largely failed in defending musicians’ intellectual property.

Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory Silverman

Faculty Articles

Professor Silverman discusses the machines that have been taking up positions in the court houses for more than a quarter of a century. These machines are becoming an integrated network integral to the workings of the court. With the assistance of the machines, the myriad and diverse members of the justice and public safety communities together with the public will evolve into a single complex whole that could dedicate itself to creating a more humane and just society comprised of better informed individuals to whom they are genuinely accountable. There are those who fear the machines, afraid that personal privacy …

Website Operators And Misappropriators Beware - The California Supreme Court Holds A Preliminary Injunction Prohibiting Internet Posting Of Dvd Decryption Source Code Does Not Violate The First Amendment In Dvd Copy Control Association, Inc. V. Bunner, Nick Washburn

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Law As Film: Representing Justice In The Age Of Moving Images, Shulamit Almog, Ely Aharonson

Canadian Journal of Law and Technology

Two main theses are presented here. The first is that there is a conceptual resemblance between the ways in which messages are transmitted in the courtroom and the ways in which they are transmitted in the cinema. The second is that the evolution of legal procedure is being influenced by developments taking place in visual culture generally and film specifically. Taken together, these theses lead to the conclusion that the development of a theory of ‘‘law-as-film’’ can provide insights into the contemporary practice of law that might otherwise be overlooked.

Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue

Law Faculty Publications

The international community has been struggling with questions of who should regulate the Internet and how, but little consensus has emerged. For the United States, consideration of the pros and cons of the alternative jurisdictional approaches to e-commerce and cyberspace is complicated by an overlay of constitutional law. While the rest of the world considers the policy implications of a country of origin versus a country of destination approach, the United States is wrestling with what constitutes "purposeful availment" under the Due Process Clause.

The Supreme Court has never squarely considered what limits the Fifth Amendment imposes on assertions of …

Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine

NYLS Law Review

No abstract provided.

Senate To Weigh Controversial Cybercrime Treaty, Gavin Mhley

Public Interest Law Reporter

No abstract provided.

Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda

Richmond Journal of Law & Technology

America Online, Inc. (“AOL”) and Time Warner Inc. announced their intention to merge on January 10, 2000. At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”), more than one thousand local communities conducted their own reviews of the merger. The FTC identified “open access” to the Time Warner Cable platform as an issue meriting specific relief.

The Federal Framework For Internet Gambling, Jonathan Gottfried

Richmond Journal of Law & Technology

As gambling sites proliferate on the Internet and telephone gambling is legalized in more states, an increasingly large fraction of the public can place a bet without ever leaving home at all. Universally available, “round-the-clock” gambling may soon be a reality.... [T]he country has gone very far very fast regarding an activity the consequences of which, frankly, no one really knows much about.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.

A Topic Both Timely And Timeless, James Gibson

Richmond Journal of Law & Technology

The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.

Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin

NYLS Law Review

No abstract provided.