Web 2.0 Regulation: A Risk Management Process,
2010
Schulich School of Law, Dalhousie University
Web 2.0 Regulation: A Risk Management Process, Pierre Trudel
Canadian Journal of Law and Technology
In order to describe the law relating to Web 2.0, we have to look at the normativity that really operates there. Effective norms engender strong enough risks for stakeholders that they find it in their interest to comply. State legislation is not the only thing that governs Internet activities; the normativity that governs the resources associated with Web 2.0 flows from what the technology permits and prohibits, and also largely from stakeholder practices. Configurations and practices create risk or shift risk onto others. However, state regulators may consider that the risks arising out of Internet activities are worrisome enough that …
Fair Dealing Or Fare Stealing?: Implications Of Canadian Copyright Law Reform On The Online Classroom,
2010
Schulich School of Law, Dalhousie University
Fair Dealing Or Fare Stealing?: Implications Of Canadian Copyright Law Reform On The Online Classroom, Louis Grilli, Daniel Huff, Andrea Shakespeare, Michael Bliemel
Canadian Journal of Law and Technology
This article first examines Canadian copyright law as it pertains to distance education with a detailed review of literature, legislation and jurisprudence, including a comparison with influential law from the United States. Included in this analysis are the opinions of specialists and experts on distance education and copyright in the university environment, who were interviewed during this research. Based on the research findings, we have identified three distinct legislative outcomes. For each, we provide recommendations on how a university and other stakeholders might best protect their interests when confronted with any of these three possibilities.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead,
2010
University of Richmond
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present our Annual Survey issue, the third issue of the 2009–2010 academic year.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead,
2010
University of Richmond
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2009–2010 academic year. In this issue, we explore the ever expanding duties of counsel responsible for electronically stored information, the application of 3D imaging technology to improve arson investigation, and the need for expanding copyright protection over the lawless Darknet.
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law: The Singapore Example,
2010
Singapore Management University
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law: The Singapore Example, Eliza Mik
Research Collection Yong Pung How School Of Law
The United Nations Commission on International Trade Law (UNCITRAL) Convention on the Use of Electronic Communications in International Contracts (CUECIC or Convention) was adopted on 23 November 2005. Its essential objective is to establish uniform rules intended to “remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, with a view to enhancing legal certainty and commercial predictability.” The Convention relies on the UNCITRAL Model Law on Electronic Commerce (MLEC), which constitutes an e-commerce flagship project dating back to 1995. It also resembles UNCITRAL’s Convention …
Wikipedia's Labor Squeeze And Its Consequences,
2010
Santa Clara University School of Law
Wikipedia's Labor Squeeze And Its Consequences, Eric Goldman
Faculty Publications
This Essay explains why Wikipedia will not be able to maintain a credible website while simultaneously letting anyone freely edit it. To date, Wikipedia editors have successfully defended against malicious attacks from spammers and vandals, but as editors turn over, Wikipedia will need to recruit replacements. However, Wikipedia will have difficulty with this recruiting task due to its limited incentives for participation. Faced with a potential labor squeeze, Wikipedia will choose to restrict users’ ability to contribute to the site as a way of preserving site credibility. Wikipedia’s specific configuration choices make it an interesting test case to evaluate the …
Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age,
2010
University of Kentucky
Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford
Kentucky Law Journal
No abstract provided.
Government Speech 2.0,
2010
University of Colorado Law School
Government Speech 2.0, Helen Norton, Danielle K. Citron
Faculty Scholarship
New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging technologies have changed the ways in which government speaks as well. Despite substantial shifts in how the government and other parties actually communicate, however, the Supreme Court to date has developed its government speech doctrine – which recognizes “government speech” as a defense to First Amendment challenges by plaintiffs who claim that the government has impermissibly excluded their expression based on viewpoint – only in the context of disputes involving fairly traditional forms of expression. In none of these …
Principles Of The Law Of Software Contracts: Some Highlights,
2010
Boston University School of Law
Principles Of The Law Of Software Contracts: Some Highlights, Robert A. Hillman, Maureen A. O'Rourke
Faculty Scholarship
The final draft of the Principles of the Law of Software Contracts ("Principles") was unanimously approved bythe American Law Institute membership in May of 2009. The goal of the project is to “clarify and unify thelaw of software transactions.” However, the Principles will not become law in any jurisdiction unless and until a court adopts them, so only time will tell whether the project will accomplish this goal. Nevertheless, one thing is certain. The current law of software transactions, a mish-mash of common law, Article 2 of theUniform Commercial Code, and federal intellectual property law, among other things, is in …
Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries,
2010
Brooklyn Law School
Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale
Faculty Scholarship
No abstract provided.
Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause,
2010
Benjamin N. Cardozo School of Law
Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Reconciling Fair Use And Trademark Use,
2010
University of California, Hastings College of Law
Reconciling Fair Use And Trademark Use, Margreth Barrett
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose,
2010
University of Nevada, Las Vegas
Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz
Library Faculty Research
For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …
The State Of Internet Radio In 2010,
2010
Seton Hall Law
Recognizing Virtual Property Rights, It's About Time,
2010
Seton Hall Law
Recognizing Virtual Property Rights, It's About Time, John S. Chao
Student Works
No abstract provided.
An Exploratory Investigation Of The Practice Of Planned Unit Development And Its Theoretical Implementation In The “Second Life” Virtual Community,
2010
Seton Hall Law
An Exploratory Investigation Of The Practice Of Planned Unit Development And Its Theoretical Implementation In The “Second Life” Virtual Community, Ryan M. Jennings
Student Works
No abstract provided.
The Rise Of Online Gaming: The Dominant Factors Of Poker & The Fall Of The Uigea And Its Predecessors,
2010
Seton Hall Law
The Rise Of Online Gaming: The Dominant Factors Of Poker & The Fall Of The Uigea And Its Predecessors, Peter Schiavone
Student Works
No abstract provided.
A New (Virtual) World Order: A Look At Criminal Activity In Online Communities,
2010
Seton Hall Law
A New (Virtual) World Order: A Look At Criminal Activity In Online Communities, J Matthew Johnson
Student Works
No abstract provided.
How To Tame The New Wild-Wild West: Potential Lassos For Virtual Crime,
2010
Seton Hall Law
How To Tame The New Wild-Wild West: Potential Lassos For Virtual Crime, Ian Leyden
Student Works
No abstract provided.
Defamation Of Second Life Avatars: How The Laws Of First Life People Could Be Invoked,
2010
Seton Hall Law
Defamation Of Second Life Avatars: How The Laws Of First Life People Could Be Invoked, Brian Seguin
Student Works
No abstract provided.
