Internet Law Commons^™

Vol. Ix, Tab 46 - Ex. 31 - Email From John Ramsey (Rosetta Corporate Counsel), John Ramsey

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?

Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen

Cardozo Journal of International and Comparative Law

The note examines the challenges of enforcing copyright laws in the digital age, focusing on the contrasting approaches of the U.S. and Sweden in addressing peer-to-peer file sharing. It critiques the U.S. for its aggressive legal strategy, which may prove counterproductive, while highlighting Sweden's potential as a model for alternative solutions. The analysis underscores the need for a balanced approach that protects copyright holders without stifling innovation.

Fcc Regulation: Indecency By Interest Groups, Patricia Daza

Duke Law & Technology Review

FCC regulations are among the most controversial administrative law regulations because of their impact on broadcast television. This iBrief analyzes the history of FCC regulation and highlights the problems associated with the current model. Applying theories of economics, this iBrief proposes solutions to the current problems of selective enforcement and vagueness in enforcement. While the Supreme Court recognized that FCC regulation is necessary, it is also necessary for there to be a clearer model for how the agency should be run.

Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan

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. Vii, Tab 38 - Ex. 64 - Holden Deposition (Google Pm Director), Richard T. Holden

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 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold

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?

Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner

Brigham Young University Journal of Public Law

No abstract provided.

Applying The Americans With Disabilities Act To Private Websites After National Federation Of The Blind V. Target, Jeffrey Bashaw

Washington Journal of Law, Technology & Arts

The United States District Court for the Northern District of California recently held that websites which are tightly integrated with a physical store must be accessible to the blind, or risk running afoul of the Americans with Disabilities Act (“ADA”). The court in this case, National Federation of the Blind v. Target (“Target”), declined to grant summary judgment for Target, a retailer which operates both physical stores and an e-commerce website, in a suit alleging that Target’s website, Target.com, was discriminating against the blind. This Article will describe the narrow application of Target, which found that websites which are …

Substantive Media Regulation In Three Dimenstions, Gregory P. Magarian

Working Paper Series

Changes in the political and regulatory climates are prompting calls to revive substantive government regulation of the broadcast media, specifically the now-defunct fairness doctrine. In this article, Professor Magarian attempts to sharpen the present debate over substantive regulation by closely examining earlier defenses and criticisms of the fairness doctrine. The article assesses how supporters and opponents of the fairness doctrine have characterized three issues essential for assessing the doctrine’s wisdom and constitutionality: who is regulating; who is being regulated; and the goal of the regulatory scheme. As to the first issue, who is regulating, fairness doctrine supporters emphasize the democratic …

Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu

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?

Is The Internet A Viable Threat To Representative Democracy?, David M. Thompson

Duke Law & Technology Review

The Internet, despite its relatively recent advent, is critical to millions of Americans’ way of life. Although the Internet arguably opens new opportunities for citizens to become more directly involved in their government, some scholars fear this direct involvement poses a risk to one of the Constitution’s most precious ideals: representative democracy. This iBrief explores whether the constitutional notion of representation is vulnerable to the Internet’s capacity to open new vistas for a more direct democracy by analyzing statistics and theories about why voters in the United States do or do not vote and by examining the inherent qualities of …

Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale

Faculty Scholarship

Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this article, we make the case for some regulation of the ability of search engines to manipulate and structure their results. We demonstrate that the First Amendment, properly understood, does not prohibit such regulation. Nor will such interventions inevitably lead to the disclosure of important trade secrets.

After setting forth normative foundations for evaluating search engine manipulation, we explain how neither market discipline nor technological advance is likely to stop it. Though savvy users and personalized search may …

Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale

Faculty Scholarship

Unaccountable power at any layer of online life can stifle innovation elsewhere. Dominant search engines rightly worry that carriers will use their control of the physical layer of internet infrastructure to pick winners among content and application providers. Though they advocate net neutrality, they have been much less quick to recognize the threat to openness and fair play their own practices may pose.

Just as dominant search engines fear an unfairly tiered online world, they should be required to provide access to their archives and indices in a nondiscriminatory manner. If dominant search engines want carriers to disclose their traffic …

The Google Dilemma, James Grimmelmann

Faculty Scholarship

No abstract provided.

Accidental Privacy Spills, James Grimmelmann

Faculty Scholarship

No abstract provided.

"Rachel's Law" Wraps New York's Long-Arm Around Libel Tourists; Will Congress Follow Suit?, Justin S. Hemlepp

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray

UIC John Marshall Journal of Information Technology & Privacy Law

In this paper the author points out that complexity is at the heart of much of the work of today’s academia. The paper explains how the role of an academic researcher may be defined as studying and modelling complexity in an effort to make it accessible to a wider audience. This article models the complexity of regulatory relationships in communications networks and in particular the Internet. First, the article models the complexity of the regulatory environment. Next, it explains how regulators may harness the power of the network to achieve effective regulatory settlements by harnessing symbiotic regulation. Finally, it explains …

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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 …

Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan

UIC John Marshall Journal of Information Technology & Privacy Law

The author demonstrates how the convergences of technology, national security and an ever expanding media pose critical problems for the protection, dissemination and employment of information for national security purposes. Focusing on the methods and harms posed by the inadvertent and intentional disclosure of operational information, he proposes a three-part remedy that balances transparency with national security concerns and underscores the critical role that any information may hold in these days of heightened security.

States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner

Michigan Journal of International Law

This Article illuminates the spectrum of international economic regimes through discussion of an under-theorized regulatory structure in which traditional distinctions between State and market, public and private power, hard and soft law, and international and domestic policy realms, essentially collapse-the "public-private gatekeeper."

Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Deadly Combinations: A Framework For Analyzing The Gpl’S Viral Effect, 25 J. Marshall J. Computer & Info. L. 487 (2008), Ron Phillips

UIC John Marshall Journal of Information Technology & Privacy Law

Free and Open Source Software (FOSS) is free to use and can be downloaded from the Internet. This paper argues that adaptations that combine community source licensed software with an organization’s own intellectual property can trigger “viral” terms of the community source licenses in unexpected ways. The author proposes a model framework for analyzing software combinations to determine whether the viral terms are triggered, and illustrate that analysis against various technical combinations of community-sourced and proprietary software. Author Footnote: Vice President and General Counsel, Serlio Software Development Corporation; J.D. MarquetteUniversity Law School; B.S. University of Washington.

Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii

UIC John Marshall Journal of Information Technology & Privacy Law

Alleging software and data-base infringement is probably the most common offensive strategy currently seen in high-tech copyright litigation. In the context of a hypothetical factual setting, this article explores three potential pitfalls attendant to such a strategy, and suggests ways to minimize those risks.

The Americans With Disabilities Act And Internet Accessibility For The Blind, 25 J. Marshall J. Computer & Info. L. 543 (2008), Katherine Rengel

UIC John Marshall Journal of Information Technology & Privacy Law

This comment analyzes the current debate over Internet accessibility for the blind. The author proposes an amendment to the ADA which would require that all Web sites make reasonable accommodations so they are accessible to the visually impaired. The amendment would comply with the purpose of the ADA, and promote the public policy of equal access to all. Finally, the author concludes that, given the Internet’s prevalence in today’s society, an amendment to the ADA is essential to promote equality and bring the ADA into the Internet age.