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The Death Of Fair Use In Cyberspace: Youtube And The Problem With Content Id, Taylor B. Bartholomew 2015 Duke Law

The Death Of Fair Use In Cyberspace: Youtube And The Problem With Content Id, Taylor B. Bartholomew

Duke Law & Technology Review

YouTube has grown exponentially over the past several years. With that growth came unprecedented levels of copyright infringement by uploaders on the site, forcing YouTube’s parent company, Google Inc., to introduce a new technology known as Content ID. This tool allows YouTube to automatically scan and identify potential cases of copyright infringement on an unparalleled scale. However, Content ID is overbroad in its identification of copyright infringement, often singling out legitimate uses of content. Every potential case of copyright infringement identified by Content ID triggers an automatic copyright claim on behalf of the copyright holder on YouTube and subsequently freezes …


At The Fontier Of The Younger Doctrine: Reflections On Google V. Hood, Gil Seinfeld 2015 University of Michigan Law School

At The Fontier Of The Younger Doctrine: Reflections On Google V. Hood, Gil Seinfeld

Articles

On December 19, 2014, long-simmering tensions between Mississippi Attorney General Jim Hood and the search engine giant Google boiled over into federal court when Google filed suit against the Attorney General to enjoin him from bringing civil or criminal charges against it for alleged violations of the Mississippi Consumer Protection Act. Hood had been investigating and threatening legal action against Google for over a year for its alleged failure to do enough to prevent its search engine, advertisements, and YouTube website from facilitating public access to illegal, dangerous, or copyright protected goods. The case has garnered a great deal of …


Whither The Future Of Internet Streaming And Time-Shifting? Revisiting The Rights Of Reproduction And Communication To The Public In Copyright Law After Aereo, Cheng Lim SAW, Warren B. CHIK 2015 Singapore Management University

Whither The Future Of Internet Streaming And Time-Shifting? Revisiting The Rights Of Reproduction And Communication To The Public In Copyright Law After Aereo, Cheng Lim Saw, Warren B. Chik

Research Collection Yong Pung How School Of Law

New forms of communication technology often pose challenges to the copyright regime and have necessitated the rewriting of the scope of the exclusive rights and exceptions by the legislature, and, in some cases, by the courts in common law countries (as well as the Court of Justice of the European Union). These issues have arisen in different categories of digital technology, albeit with the same objective of streamlining and simplifying the delivery of copyright works to consumers. These categories include file storage and transfer operations offered by Peer-to-Peer technology, the space- and time-shifting functions of the early video and audio …


Cybercrime And Punishment: The Russian Mafia And Russian Responsibility To Exercise Due Diligence To Prevent Trans-Boundary Cybercrime, Daniel Ortner 2015 Brigham Young University Law School

Cybercrime And Punishment: The Russian Mafia And Russian Responsibility To Exercise Due Diligence To Prevent Trans-Boundary Cybercrime, Daniel Ortner

BYU Law Review

No abstract provided.


Extortion Through The Public Record: Has The Internet Made Florida’S Sunshine Law Too Bright?, Michael Polatsek 2015 University of Florida Levin College of Law

Extortion Through The Public Record: Has The Internet Made Florida’S Sunshine Law Too Bright?, Michael Polatsek

Florida Law Review

In recent years, privately owned websites around the country have begun to gather arrest records directly from law enforcement websites and republish them on their own sites. Often, the images are displayed without regard to the ultimate disposition of the arrestee’s case. Images and arrest records of individuals who were eventually convicted or acquitted are stored on these websites indefinitely, and specifically designed search algorithms ensure that potentially damaging information is just a click away on commonly used search engines such as Google. Some websites categorize images under derogatory headings based solely on the individual’s appearance and allow users to …


"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins 2015 Villanova University Charles Widger School of Law

"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins

Villanova Law Review (1956 - )

No abstract provided.


Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods 2015 University of Kentucky College of Law

Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods

Law Faculty Scholarly Articles

The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …


Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson 2015 University of Florida Levin College of Law

Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson

Florida Law Review

Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have led some observers to suggest that employees who use social media may not find adequate legal protection from wrongful termination. This Note refutes this contention by analyzing current laws that may protect employees from adverse employment actions due to their use of social media. This …


Regulating Cyber-Security, Nathan Alexander Sales 2015 Northwestern Pritzker School of Law

Regulating Cyber-Security, Nathan Alexander Sales

Northwestern University Law Review

The conventional wisdom is that this country’s privately owned critical infrastructure—banks, telecommunications networks, the power grid, and so on—is vulnerable to catastrophic cyber-attacks. The existing academic literature does not adequately grapple with this problem, however, because it conceives of cyber-security in unduly narrow terms: most scholars understand cyber-attacks as a problem of either the criminal law or the law of armed conflict. Cyber-security scholarship need not run in such established channels. This Article argues that, rather than thinking of private companies merely as potential victims of cyber-crimes or as possible targets in cyber-conflicts, we should think of them in administrative …


Balance And Team Production, Kelli A. Alces 2015 Seattle University School of Law

Balance And Team Production, Kelli A. Alces

Seattle University Law Review

For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able …


The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson 2015 Seattle University School of Law

The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson

Seattle University Law Review

We examine the cooperative production of corporate governance. We explain that this production does not occur exclusively within a “team” or “firm.” Rather, several aspects of corporate governance are quintessentially market products. Like Blair and Stout, we view the shareholder as but one of many stakeholders in a corporation. Where we depart from their analysis is in our view of the boundaries of a firm. We suggest that they overweight the intrafirm production of control. Focusing on the primacy of a board of directors, Blair and Stout posit a hierarchical team that governs the economic enterprise. We observe, however, that …


The Team Production Model As A Paradigm, Brian R. Cheffins 2015 Seattle University School of Law

The Team Production Model As A Paradigm, Brian R. Cheffins

Seattle University Law Review

Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law theories and …


Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler 2015 Seattle University School of Law

Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler

Seattle University Law Review

In their influential article, A Team Production Theory of Corporate Law, Professors Margaret Blair and Lynn Stout explained how corporate law might be viewed as an attempt at solving what is known as the team production problem. At its core, this problem has to do with the opportunistic behavior that arises when multiple economic actors make investments—whether of labor, capital, or otherwise—in a business venture where these investments are said to be “firm specific” because they cannot be easily withdrawn and redeployed in other projects. The problem is how to construct a governance regime that will create incentives for the …


Team Production & The Multinational Enterprise, Virginia Harper Ho 2015 Seattle University School of Law

Team Production & The Multinational Enterprise, Virginia Harper Ho

Seattle University Law Review

Margaret Blair and Lynn Stout’s path-breaking article, A Team Production Theory of Corporate Law, advances a dual thesis: first, that team production theory does a better job than its competitors (in particular, principal–agent theory) of explaining the advantages of the public corporation and key features of corporate law; and second, that, as a matter of corporate law, corporate boards are charged with advancing the collective interest of all the contributors to the corporate enterprise rather than the shareholders’ interests alone. Its central insight is that the role of the independent, or insulated, corporate board is to serve as a “mediating …


Hostile Takeovers And Overreliance, Anthony Niblett 2015 Seattle University School of Law

Hostile Takeovers And Overreliance, Anthony Niblett

Seattle University Law Review

Commentators have argued that employees should be compensated in the event of a hostile takeover; otherwise, the threat of such a takeover will fail to incentivize firm-specific investments by employees. Such deferred compensation is analogous to the payment of damages following a breach of contract. The analogous breach, here, is the breach of an implicit contract between management and employees. Employees trusted management to compensate them for firm-specific investments not explicitly contracted for. This Article uses a familiar result from the contract law literature: There is no measure of damages for breach of contract that can generate both efficient breach …


Buying Teams, Andres Sawicki 2015 Seattle University School of Law

Buying Teams, Andres Sawicki

Seattle University Law Review

The Sixth Annual Berle Symposium reflects on Margaret Blair and Lynn Stout’s classic article: A Team Production Theory of Corporate Law. Blair and Stout recast the modern law of public corporations through the lens of the team production theory of the firm. Here, I apply Blair and Stout’s insights—emphasizing the value of team production, independent monitors, and intellectual property rights—to a novel corporate transaction structure: the acqui-hire. In an acqui-hire, a publicly owned technology firm wants to add a start-up’s engineers. Instead of simply hiring them, though, it buys the start-up, discards most of its assets, and retains the start-up’s …


Team Production And Securities Laws, Urska Velikonja 2015 Seattle University School of Law

Team Production And Securities Laws, Urska Velikonja

Seattle University Law Review

In the seminal paper that this symposium celebrates, A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout made two related points. First, that Delaware law does not require shareholder primacy in public corporations. Rather, the broad deference afforded to the decisions of predominantly independent corporate boards of directors is consistent with a contrary theory, that of team production, or, as they call it, “the mediating hierarch” theory. The fundamental role of the board of directors is to mediate between the interests of various stakeholders that contribute to the corporation’s output. As a result, Delaware courts have repeatedly …


With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, McKenzie Holden Granum 2015 Seattle University School of Law

With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum

Seattle University Law Review

Social entrepreneurship has become the popular term used to describe business forms that aim to produce profits while also seeking to significantly advance one or more social or environmental goals. In response to an increase in social entrepreneurship across sectors—from progressive industries like organic farming to conservative industries such as insurance and banking—several states have adopted new corporate governance structures. Such legislation allows incorporating businesses to choose an off-the-shelf formation type that embeds a social mission into its legal structure. The bulk of the newly implemented statutory forms provide not only a new framework for social entrepreneurs to work within, …


Boards Of Directors As Mediating Hierarchs, Margaret M. Blair 2015 Seattle University School of Law

Boards Of Directors As Mediating Hierarchs, Margaret M. Blair

Seattle University Law Review

In June of 2014, the board of directors of Demoulas Supermarkets, Inc.—better known as Market Basket, a mid-sized chain of grocery stores in New England—decided to oust the man who had been CEO for the previous six years, Arthur T. Demoulas. Most likely, the board of directors did not anticipate what happened next: Thousands of employees, customers, and fans of Market Basket boycotted the stores and staged noisy public protests asking the board to reinstate “Arthur T.” The reaction by employees and customers made what had been a simmering, nasty, intrafamily feud within the closely held Market Basket chain into …


The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke 2015 Seattle University School of Law

The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke

Seattle University Law Review

In this Article, the historical evolution of corporate governance is considered, highlighting the different eras of governance, the dominant theoretical and practical paradigms, and the reformulation of paradigms and counter paradigms. Two alternative and sharply contrasting theorizations, one collective and collaborative (the work of Berle and Means), the other individualistic and contractual (agency theory and shareholder value) are focused upon. The explanatory potential of Blair and Stout’s team production theory is elaborated, along with its conception of the complexity of business enterprise, with a mediating hierarch (the board of directors) securing a balance between the interests of different stakeholders. The …


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