Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012),
2012
John Marshall Law School
Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford
UIC Law Open Access Faculty Scholarship
Commentators and industry historians generally agree that the multi-billion dollar video game industry began forty years ago in November 1972 with Atari's release of Pong. Pong is among the simplest of video games: a version of ping pong or tennis requiring little more to play than a ball, two paddles, a scoring indicator, and a couple of memorable sounds. While it was not the first video game, Pong was the first video game hit. With unauthorized copying of a successful product occurring, it is not surprising that a lawsuit resulted in the fall of 1973, one that predates the more …
Antibiotic Resistance,
2012
University of Michigan Law School
Antibiotic Resistance, Jessica D. Litman
Articles
Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …
Communications Disruption And Censorship Under International Law: History Lessons,
2012
Dalhousie University Schulich School of Law
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights,
2012
Dalhousie University Schulich School of Law
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Articles, Book Chapters, & Popular Press
Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill …
Virtual Inequality: Challenges For The Net's Lost Founding Value,
2012
Dalhousie University Schulich School of Law
Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon Penney
Articles, Book Chapters, & Popular Press
Freedom, liberty, and autonomy are the ideals mainly associated with Internet's first generation of thinkers, writers and "netizens," those who helped forge the Internet and the early technological and intellectual foundations of the idea of “cyberspace.” These ideas were, says Lawrence Lessig, the “founding values of the Net” and inspired an entire generation of scholarship focused on preserving the free and open nature of the Internet’s culture and architecture. But what has anyone to say about equality? Few, if any, Internet scholars today focus on equality as a similar value to be promoted or achieved. Returning to some of the …
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights,
2012
Dalhousie University Schulich School of Law
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Articles, Book Chapters, & Popular Press
Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill …
Communications Disruption And Censorship Under International Law: History Lessons,
2012
Dalhousie University Schulich School of Law
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Sealand, Havenco, And The Rule Of Law,
2012
Cornell Law School
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Cornell Law Faculty Publications
In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …
Incitement To Riot In The Age Of Flash Mobs,
2012
University of Colorado Law School
Incitement To Riot In The Age Of Flash Mobs, Margot E. Kaminski
Publications
As people increasingly use social media to organize both protests and robberies, government will try to regulate these calls to action. With an eye to this intensifying dynamic, this Article reviews First Amendment jurisprudence on incitement and applies it to existing statutes on incitement to riot at a common law, state, and federal level. The article suggests that First Amendment jurisprudence has a particularly tortuous relationship with regulating speech directed to crowds. It examines current crowd psychology to suggest which crowd behavior, if any, should as a matter of policy be subject to regulation. It concludes that many existing incitement-to-riot …
The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation,
2012
UC Hastings College of the Law
The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman
Faculty Scholarship
Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non-practicing entities have been long on speculation and short on data. In 2011 Congress directed the nonpartisan Government Accountability Office to study the effects of non-practicing entities on patent litigation. At the request of the GAO, we collected and coded a set of patent lawsuits filed over the past five years. This article presents our analysis of the data and its implications. The data confirm in a dramatic fashion …
Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development,
2012
University of Washington School of Law
Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton
Washington Journal of Law, Technology & Arts
A Taiwanese court sentenced a blogger to 30 days of detention for her comments that a restaurant’s food was too salty and that the locale was unsanitary. In Indonesia, a woman was sentenced to six months in jail for libel after an e-mail she sent to friends about poor treatment she received in a hospital was posted on Facebook. These are not isolated cases of persecution, but part of a broad pattern of challenges facing individuals around the world. The United Nations recently released a report on legal trends involving restriction of expression on the Internet, declaring that freedom of …
Understanding And Authenticating Evidence From Social Networking Sites,
2012
University of Washington School of Law
Understanding And Authenticating Evidence From Social Networking Sites, Heather L. Griffith
Washington Journal of Law, Technology & Arts
Social networking is a popular form of online interaction that combines several types of electronic communication in a single user interface. An attorney working with evidence found on social networking sites should have a general understanding of how users create and access content on social networking platforms. Before such evidence may be presented to the jury, an attorney must make a showing of authenticity. The proponent of the evidence may need to use different authentication methods depending on the type of communication involved. This Article provides background information about social networks and explores how to authenticate common types of evidence …
Welcoming Remarks,
2012
Southern Methodist University
Welcoming Remarks, Joseph J. Norton
SMU Science and Technology Law Review
No abstract provided.
China Patent Re-Examination,
2012
Southern Methodist University
China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng
SMU Science and Technology Law Review
No abstract provided.
The America Invents Act: Strategic Perspectives,
2012
Southern Methodist University, Dedman School of Law
The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson
SMU Science and Technology Law Review
No abstract provided.
Bullies In A Wired World: The Impact Of Cyberspace Victimization On Adolescent Mental Health And The Need For Cyberbullying Legislation In Ohio,
2012
Cleveland State University
Bullies In A Wired World: The Impact Of Cyberspace Victimization On Adolescent Mental Health And The Need For Cyberbullying Legislation In Ohio, Kelly A. Albin
Journal of Law and Health
This Note examines cyberbullying's impact on adolescents' mental health and psychological development and explores an Ohio-specific legislative response to the problem. Part II addresses the urgent need for cyberbullying legislation, the inadequacy of Ohio law, and the detrimental effects that may result when juveniles are targeted by cyberbullies. Part III demonstrates how other states have reacted to the cyberbullying problem by amending already enacted bullying statutes or by creating new and specific cyberbullying laws. Part IV proposes a new cyberbullying statute that criminalizes the more extreme cases of cyberbullying, incorporates age as a sentencing factor, and introduces school-employee liability for …
Professionalism Down The Tube: The Use Of Social Networking By And Against Lawyers,
2012
Loyola University Chicago, School of Law
Professionalism Down The Tube: The Use Of Social Networking By And Against Lawyers, Janea Raines
Public Interest Law Reporter
No abstract provided.
Big Brother Has Big Shoulders: Defining Privacy In The Face Of E-Discovery Expansion And Foia Reform,
2012
Loyola University Chicago, School of Law
Big Brother Has Big Shoulders: Defining Privacy In The Face Of E-Discovery Expansion And Foia Reform, Natnael Moges
Public Interest Law Reporter
No abstract provided.
China's Internet Policies Within The Global Community,
2012
Florida A&M University College of Law
China's Internet Policies Within The Global Community, Omar Saleem
Journal Publications
No abstract provided.
Electronic Discovery And The Constitution: Inaccessible Justice,
2012
Florida A&M University College of Law
Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith
Journal Publications
Computers are the cynosure of American society. As a result, most information is stored electronically and only a small amount of information ever becomes a paper document. This explosion of electronically stored information has affected every aspect of society, including the court system. Litigation is drastically different than a few years ago due to this onset of electronically stored information. The discovery of electronically stored information in litigation has become known as electronic discovery. For many, electronic discovery is expensive and complicated, and thus, litigants are settling frivolous cases to avoid the costs and complexities of engaging in discovery to …
