September 10, 2019
The GNU General Public License (“GPL”) is the most popular license in use for free and open-source software projects. Now in its fifteenth year, the GPL has endured both practical and legal challenges and today enjoys widespread use and a reputation as a legitimate legal instrument. However, recently proposed changes to the GPL will harm
Douglas Ferguson, Recent Development, Syntax Errors: Why Version 3 of the GNU General Public License Needs Debugging , 7 N.C. J.L. & Tech. 397 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/16_7NCJLTech3972005-2006.pdf.
In Kelly v. Arriba Soft Corp., the Ninth Circuit held that search engines’ reproduction of images for use as thumbnails is a fair use under the Copyright Act. This Recent Development critiques the Ninth Circuit’s analysis in determining whether a search engine infringed on a copyright holder’s rights. The author proposes that this ruling broadened
Sara Ayazi, Recent Development, Search Engines Score Another Perfect 10: The Continued Misuse of Copyrighted Images on the Internet , 7 N.C. J.L. & Tech. 367 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/15_7NCJLTech3672005-2006.pdf.
In recent years, there has been growing interest in the area of open source software (“OSS”) as an alternative economic model. However, the success of the OSS mindshare and collaborative online experience has wider implications to many other fields of human endeavor than the mere licensing of computer programmes. There are a growing number of
Andrés Guadamuz González, Open Science: Open Source Licenses in Scientific Research , 7 N.C. J.L. & Tech. 321 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/14_7NCJLTech3212005-2006.pdf.
Patent Reform at the Crossroads: Experience in the Far East with Oppositions Suggests an Alternative Approach for the United States
On September 1, 2005, Representative Lamar Smith introduced a “Coalition Print” version of a patent reform bill (Substitute bill H.R. 2795) into Congress. That bill included a post-grant opposition procedure not later than nine months after grant. On April 5, 2006, Representative Howard Berman introduced the “Patents Depend on Quality Act of 2006” (H.R. 5096
Dale L. Carlson & Robert A. Migliorini, Patent Reform at the Crossroads: Experience in the Far East with Oppositions Suggests an Alternative Approach for the United States, 7 N.C. J.L. & Tech. 261 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/13_7NCJLTech2612005-2006.pdf.
The Seamy Side of the Seamy Side: Potential Danger of Cyberpiracy in the Proposed “.xxx” Top Level Domain
In Volume 6, Issue 1 of the North Carolina Journal of Law and Technology, Kate Reder published an article on a related topic, entitled “Ashcroft v. ACLU: Should Congress Try, Try, and Try Again, or Does the International Problem of Regulating Internet Pornography Require an International Solution?” 6 N.C. J. L. & Tech. 139 (2004).
Jennifer Phillips, Article, The Seamy Side of the Seamy Side: Potential Danger of Cyberpiracy in the Proposed “.xxx” Top Level Domain , 7 N.C. J.L. & Tech. 233 (2005), available at http://ncjolt.org/wp-content/uploads/2016/09/11_7NCJLTech2332005-2006.pdf.
The Ever-Expanding Complete Preemption Doctrine and the Copyright Act: Is This What Congress Really Wanted?
This comment explores the ways in which the doctrines of preemption, and more recently, complete preemption are being applied to the Copyright Act. In deciding whether claims are preempted by the Copyright Act, courts apply the “Extra Element Test.” However, courts are increasingly applying this test by looking at the facts underlying the claim, rather
Elizabeth Helmer, Comment, The Ever-Expanding Complete Preemption Doctrine and the Copyright Act: Is This What Congress Really Wanted? , 7 N.C. J.L. & Tech. 205 (2005), available at http://ncjolt.org/wp-content/uploads/2016/09/10_7NCJLTech2052005-2006.pdf.
Implications of Grokster for Online Ticket Sale Companies: Why Online Ticket Resale Sites Should Be Held Liable For Violating State Scalping Laws
The Metro-Goldwyn-Mayer Studios v. Grokster decision extended secondary liability for copyright infringement to companies who distribute software that enables its users to commit infringement. The theory of holding Internet-based companies liable for enabling users to violate laws can be applied outside the narrow context of copyright law. A host of websites allow users to scalp
Hannah Short, Article, Implications of Grokster for Online Ticket Sale Companies: Why Online Ticket Resale Sites Should Be Held Liable For Violating State Scalping Laws , 7 N.C. J.L. & Tech. 181 (2005), available at http://ncjolt.org/wp-content/uploads/2016/09/09_7NCJLTech1812005-2006.pdf.
Child Testimony Via Two-Way Closed Circuit Television: A New Perspective on Maryland v. Craig in United States v. Turning Bear and United States v. Bordeaux
For Confrontation Clause purposes, child testimony by two-way closed circuit television is substantively different from one-way closed circuit television. Two-way closed circuit testimony is preferable because it more closely approximates face-to-face confrontation. The Supreme Court’s case-specific holding in Maryland v. Craig was directed at one-way closed circuit testimony. As such, the Eighth Circuit was mistaken
Aaron Harmon, Article, Child Testimony Via Two-Way Closed Circuit Television: A New Perspective on Maryland v. Craig in United States v. Turning Bear and United States v. Bordeaux , 7 N.C. J.L. & Tech. 157 (2005), available at http://ncjolt.org/wp-content/uploads/2016/09/08_7NCJLTech1572005-2006.pdf.
Women Be Warned, Egg Donation Isn’t all it’s Cracked Up to Be: The Copulation of Science and the Courts Makes Multiple Mommies
This Recent Development proposes that California’s new precedent for deciding maternity disputes arising pursuant to gestational surrogacy arrangements weakens legal protections afforded to the following populations: women who choose to donate eggs without becoming mothers, women who serve as gestational surrogates to friends or family members, and women who accept egg donations without also accepting
Heather Crews, Women Be Warned, Egg Donation Isn't all it's Cracked Up to Be: The Copulation of Science and the Courts Makes Multiple Mommies , 7 N.C. J.L. & Tech. 141 (2005), available at http://ncjolt.org/wp-content/uploads/2016/09/07_7NCJLTech1412005-2006.pdf.
No abstract available.
Randy Diamond, Advancing Public Interest Practitioner Research Skills in Legal Education , 7 N.C. J.L. & Tech. 67 (2005), available at http://ncjolt.org/wp-content/uploads/2016/09/06_7NCJLTech672005-2006.pdf.
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