Internet Law Commons^™

Vol. Ix, Tab 46 - Ex. 1 "Fair Use Of Trademark Terms In Some Creatives", Google

Rosetta Stone v. Google (Joint Appendix)

No abstract provided.

Vol. Ix, Tab 46 - Ex. 2 "New Us Trademark Policy (Barnowl) Update", Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 47 - Ex. 2-9 - Documents "Rosetta Stone Competitive Website Analytics Report", Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Xiv, Tab 51 - Google's Objection To Evidence And Motion To Strike, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Xiii, Tab 50 - Google's Opposition To Rosetta Stone's Motion For Partial Summary Judgment, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Fcc Jurisdiction Over Isps In Protocol-Specific Bandwidth Throttling, Andrew Gioia

Michigan Telecommunications & Technology Law Review

Over the past decade, the Internet has matured from its dial-up infancy into the nation's dominant communications infrastructure. Such rapid growth and accessibility--while fostering free speech and innovation like nothing before--has nonetheless created complex regulatory and policy questions for both the Federal Communications Commission (FCC) and the cable companies providing the nation's broadband Internet access. For instance, Comcast, one such Internet provider, has recently brought to the fore the question of how, and to what extent, the FCC can ensure an open and accessible Internet through the company's recent actions in selectively targeting and interfering with the connections of certain …

Legislation For Effective Self-Regulation: A New Approach To Protecting Personal Privacy On The Internet, Richard M. Marsh Jr.

Michigan Telecommunications & Technology Law Review

How can we best reap the benefits of online profiling while avoiding the privacy pitfalls plaguing the e-commerce community? Experts advocate legislation, civil litigation, or self-regulation to provide the ideal solution. Analyzing these proposals reveals a conflict between two basic principles: the need to preserve personal privacy and the desire to foster a thriving Internet-based industry. This Note argues that each approach tends to favor one principle at the expense of the other. This Note also proposes a new solution which creates incentives for effective self-regulation backed with legal enforcement. This scheme strikes an appropriate balance between privacy and e-commerce …

Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek

Michigan Telecommunications & Technology Law Review

I present here a unique empirical analysis of the consumer welfare benefits of prior regulation in the mobile telecommunications industry. In particular, I analyze the relative consumer benefits of state rate regulation and federal entry regulation. The institution of filing requirements and FTC review and approval of various consumer pricing regimes is highly analogous to the consumer price controls imposed by various state level public utility commissions in the past. Furthermore, the imposition of a zero-price rule is analogous to past rate regulation; in particular it is similar to past wholesale regulation with its underlying principles of open access and …

Landlords Needed, Tolerance Preferred: A Clash Of Fairness And Freedom In Fair Housing Council V. Roommates.Com, Adam Weintraub

Villanova Law Review (1956 - )

No abstract provided.

Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Lidsky

Faculty Publications

This Article examines the evolution of the law governing libel suits against anonymous “John Doe” defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire and other non-factual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …

Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas

UIC Review of Intellectual Property Law

Improvements in communication technology have effectively made the world a smaller place. As businesses attempt to exploit these new technological improvements to better communicate their messages to their clients, these same improvements continue to raise new and difficult legal issues related to fair trade practices, privacy, and freedom of speech. This article identifies current legal developments related to advertising in the online world and analyzes the actions taken to resolve these new and difficult legal issues within the framework of United States federal and state law and private industry-specific self-governance.

The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Words hurt! Recent news stories about cyber bulling make clear that a word can cause as much pain as a punch. Unfortunately, the law redresses those who suffer injury from harmful speech through a series of seemingly innocuous remedies, including financial remuneration or retribution through minimal criminal penalties. The law stops, however, at imposing the same type of criminal punishment on those who intend to cause emotional harm through words, as it does those who intend to cause physical harm. In other words, legislatures and courts have been unwilling to elevate an actor’s intentional use of harmful words to the …

Beware—Florida's Long Arms Can Reach Through Cyberspace And Grab Unsuspecting Professionals: Personal Jurisdiction In Professional Malpractice Cases, Judy Ann Clausen

UF Law Faculty Publications

Internet advertising leads to client relationships that transcend state and national borders. Modern professionals secure new clients through Internet advertising and communicate with clients remotely through e-mail. Particularly in Florida, a premier retirement destination, many retirees who built careers and nest eggs in other states receive advice from nonresident professionals.

This Article concerns the range of malpractice-related claims that disgruntled clients bring against nonresident professionals, including breach of fiduciary duty and professional negligence. Further, the Article contemplates issues surrounding personal jurisdiction in such cases. Often, nonresident professionals find themselves sued in Florida even when they have no office or agent …

Personal Jurisdiction On Internet Activities: Oldfield V. Pueblo De Bahia Lora, S.A.—The Eleventh Circuit Finally Discusses Zippo But Leaves Lower Courts Needing More Guidance, Judy Ann Clausen

UF Law Faculty Publications

More than a decade ago, the most widely embraced test for determining whether a nonresident defendant's Internet presence satisfied the minimum contacts requirement of due process emerged in Zippo Manufacturing Co. v. Zippo Dot Com, Inc. After Zippo, the nation's courts have largely used the Zippo sliding scale to determine whether a nonresident defendant's Internet conduct subjects the defendant to personal jurisdiction in the forum where a plaintiff encounters the Internet activities. Until Oldfield v. Pueblo De Bahia Lora, S.A. in 2009, the United States Court of Appeals for the Eleventh Circuit had not directly addressed Internet presence …

Government Data Breaches, A. Michael Froomkin

Articles

No abstract provided.

Privacy By Deletion: The Need For A Global Data Deletion Principle, Benjamin J. Keele

Indiana Journal of Global Legal Studies

With global personal information flows increasing, efforts have been made to develop principles to standardize data protection regulations. However, no set of principles has yet achieved universal adoption. This note proposes a principle mandating that personal data be securely destroyed when it is no longer necessary for the purpose for which it was collected. Including a data deletion principle in future data protection standards will increase respect for individual autonomy and decrease the risk of abuse of personal data. Though data deletion is already practiced by many data controllers, including it in legal data protection mandates will further the goal …

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 …

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed …

Privacy And The New Virtualism, Jonathon Penney

Articles, Book Chapters, & Popular Press

First generation cyberlaw scholars were deeply influenced by the uniqueness of cyberspace, and believed its technology and scope meant it could not be controlled by any government. Few still ascribe to this utopian vision. However, there is now a growing body of second generation cyberlaw scholarship that speaks not only to the differential character of cyberspace, but also analyzes legal norms within virtual spaces while drawing connections to our experience in real space. I call this the New Virtualism. Situated within this emerging scholarship, this article offers a new approach to privacy in virtual spaces by drawing on what Orin …

Understanding The New Virtualist Paradigm, Jonathon Penney

Articles, Book Chapters, & Popular Press

This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corporate interests are ubiquitous in cyberspace and the Internet. But is this it? Is there not anything else we can learn about cyberlaw from the virtualists and their utopian dreams? I think so. In fact, the New Virtualist paradigm of cyberlaw scholarship draws on the insights of …

Understanding The New Virtualist Paradigm, Jonathon Penney

Articles, Book Chapters, & Popular Press

This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corporate interests are ubiquitous in cyberspace and the Internet. But is this it? Is there not anything else we can learn about cyberlaw from the virtualists and their utopian dreams? I think so. In fact, the New Virtualist paradigm of cyberlaw scholarship draws on the insights of …

Homes With Tails: What If You Could Own Your Internet Connection?, Derek Slater, Tim Wu

Faculty Scholarship

In this paper, we propose and describe a new way to encourage broadband deployment. Most proposals have focused on deployment as a problem for firms and for government. Firms that provide broadband service question how a company can justify investments in a fiber infrastructure without a "killer app" that provides a new and proven revenue source different from what is available from existing copper wires. Governments question how they might build and operate their own networks, convince or pay existing carriers to do so, or encourage new market entrants to arrive and save the day.

We believe an innovative …

Is Cyberprostitution Prostitution? New Paradigm, Old Crime, Brooke Campbell

Studio for Law and Culture

In any given industry, machines are rapidly replacing workers. Alternately celebrated as the liberation of the worker from the grind and peril of manual labor and lamented as the condemnation of the worker to lowered wages and/or the effeteness of unemployment, so-called “advances” in technology problematically recast the labor-capital relation as a human-machine relation. What does this process look like in the context of a criminalized industry like the sex industry? In this paper, I examine the way in which cyberprostitution — ostensibly, an advance in the technology of communication — places the conceptual terrain of prostitution into question. For …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.

Databases, E-Discovery And Criminal Law, Ken Strutin

Richmond Journal of Law & Technology

The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …

Electronic Discovery In Large Organizations, Jason Fliegel, Robert Entwisle

Richmond Journal of Law & Technology

The continuing expansion and virtually limitless array of technology and media available to store electronic information has had an immeasurable impact on the amount of information large organizations create and maintain. In many instances, this information continues to be available long after it has served the originator’s purposes. Yet, such information is not exempt from discovery in litigation, and attempting to identify, preserve, collect, review, and produce that information results in a significant burden on litigants, while the failure to do so can result in draconian sanctions or adverse publicity.

The Ethics Of E-Mail, Thomas E. Spahn

Richmond Journal of Law & Technology

In many ways, communicating by e-mail and other forms of electronic transmission reflects a fundamentally different way of human interaction. Historians eventually will put this in perspective, but one could easily conclude that e-mails are essentially a “third way” for people to communicate.

Corporate Privacy Trend: The “Value” Of Personally Identifiable Information (“Pii”) Equals The “Value” Of Financial Assets, John T. Soma, J. Zachary Courson, John Cadkin

Richmond Journal of Law & Technology

Corporate America’s increasing dependence on the electronic use of personally identifiable information (“PII”) necessitates a reexamination and expansion of the traditional conception of corporate assets. PII is now a commodity that companies trade and sell. As technological development increases, aspects of day-to-day business involving PII are performed electronically in a more cost effective and efficient manner. PII, which companies obtain at little cost, has quantifiable value that is rapidly reaching a level comparable to the value of traditional financial assets.

“Medical” Monitoring For Non-Medical Harms: Evaluating The Reasonable Necessity Of Measures To Avoid Identity Fraud After A Data Breach, James Graves

Richmond Journal of Law & Technology

In July 2005, “reformed” hacker Albert Gonzalez noticed an insecure wireless network at a Marshalls department store in Miami. After exploiting the vulnerability, Gonzalez and his accomplices installed programs that captured credit card numbers. They stored the credit card numbers on servers in Latvia and Ukraine, created ATM cards using some of the numbers, and used those cards to withdraw hundreds of thousands of dollars in cash. Fifteen months later, Marshalls’ parent company, TJX, announced that forty-five million of its customers’ credit card numbers had been exposed to the thieves.

Dissonant Paradigms And Unintended Consequences: Can (And Should) The Law Save Us From Technology?, Donald Labriola

Richmond Journal of Law & Technology

Technologies like digital audio, the Internet, and broadband communications spur economic growth and foster new patterns of commerce and social interaction. But they also spawn disruptive innovations that force established industries to forge novel responses or risk falling by the wayside. The horse-and-buggy industry, vaudeville, and video-rental stores are but a few examples of thriving markets that found themselves on the scrap heap of obsolescence because they failed to react quickly to the devastating effects of new technology.