April 17, 2017
In 2002, Ashcroft v. Free Speech Coalition held that the possession, creation, or distribution of “virtual child pornography,” pornography created entirely through computer graphics, was not a punishable offense because regualtion impermissibly infringed on the First Amendment right to free speech and did not harm real children. Only a few years after that decision, however,
Caroline Meek, Recent Development, Just Age Playing Around? How Second Life Aids and Abets Child Pornography , 9 N.C. J.L. & Tech. On. 88 (2008), http://ncjolt.org/wp-content/uploads/2016/09/23_9NCJLTech882007-2008.pdf.
The case of Jacobsen v. Katzer is among the earliest to consider the enforceability of open source software licenses, and is therefore of key interest to the open source community. To the disappointment of that community, the United States District Court for the Northern District of California held that an open source project creator could
Erich M. Fabricius, Recent Development, Jacobsen v. Katzer: Failure of the Artistic License and Repercussions for Open Source, 9 N.C. J.L. & Tech. On. 65 (2008), http://ncjolt.org/wp-content/uploads/2016/09/22_9NCJLTech652007-2008.pdf.
A Bill Without Bite: Why Effective Copyright Monitoring Was Not a Fair Trade-Off for Making College More Affordable
Senator Harry Reid proposed S. 1642, an amendment to the Higher Education Act of 1965. This amendment was a diluted version of his original amendment, S.A. 2314, which was proposed as an addition to the College Cost Reduction Act. Each of these amendments proposed procedures that would work to monitor copyright infringement more effectively on
Heather T. Baker, Recent Development, A Bill Without Bite: Why Effective Copyright Monitoring Was Not a Fair Trade-Off for Making College More Affordable , 9 N.C. J.L. & Tech. On. 46 (2007), http://ncjolt.org/wp-content/uploads/2016/09/21_9NCJLTech462007-2008.pdf.
In June 2007, the United States Supreme Court ruled in FEC. v. Wisconsin Right To Life (“WRTL”), by a 5-4 decision, that section 203 of the Bipartisan Campaign Reform Act of 2002 (“BCRA”) was unconstitutional. The Court’s majority, however, could not agree to why BCRA was unconstitutional. The opinion by Chief Justice John Roberts held
Matthew W. Modell, Recent Development, Protecting Free Speech in Electioneering Communications: FEC v. Wisconsin Right To Life , 9 N.C. J.L. & Tech. On. 30 (2007), http://ncjolt.org/wp-content/uploads/2016/09/20_9NCJLTech302007-2008.pdf.
Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations)
Lorraine v. Markel may have a profound impact on the world of electronic evidence admissibility for its guidance to lawyers, but in the area of computer animations and simulations, it carries a mixed message. The opinion takes a progressive approach to the unfair prejudice standard, granting broad discretion to courts to admit computer animation and
Lindsay J. Kemp, Recent Development, Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations), 9 N.C. J.L. & Tech. On. 16 (2007), http://ncjolt.org/wp-content/uploads/2016/09/19_9NCJLTech162007-2008.pdf.
Search engines allow millions of users to locate content on the Internet, including content offered by individuals and companies who have infringed upon a copyright holder’s rights. Copyright Law’s contributory infringement doctrine presents a dilemma for search engines like Google, whose services may facilitate the infringement of copyrights by enabling users to locate such content
Damon Chetson, Recent Development, Perfect 10 and Contributory Liability: Can Search Engines Survive?, 9 N.C. J.L. & Tech. On. 1 (2007), http://ncjolt.org/wp-content/uploads/2016/09/18_9NCJLTech12007-2008.pdf.
In 2006, thirteen-year-old Megan Meier met a teenage boy named Josh Evans on the social networking website MySpace. The two had an amicable relationship until Josh began making derogatory comments to Megan. The correspondence ultimately resulted in her suicide. Months later, “Josh” was revealed to be the collective creation of forty-seven-year-old Lori Drew, her teenage
Matthew C. Ruedy, Comment, Should Anti-Cyberbullying Laws Be Created?, 9 N.C. J.L. & Tech. 323 (2008), available at http://ncjolt.org/wp-content/uploads/2016/09/16_9NCJLTech3232007-2008.pdf.
Currently, Apple forces owners of the iPhone to use AT&T’s wireless network through software contained in the phone’s operating system. The practice of “unlocking” the Apple iPhone for use over any compatible wireless network raises an interesting legal question. Specifically, this Comment considers this question through analysis of the Digital Millennium Copyright Act (“DMCA”), the
Patrick J. Cleary, Article, The Apple Cat and the Fanboy Mouse: Unlocking the Apple iPhone, 9 N.C. J.L. & Tech. 295 (2008), available at http://ncjolt.org/wp-content/uploads/2016/09/15_9NCJLTech2952007-2008.pdf.
From Telegraphs to Content Protection: The Evolution of Signals as Patentable Subject Matter Under 35 U.S.C. § 101
The patentability of communication signals under 35 U.S.C. § 101 first came before the Supreme Court in relation to Samuel Morse’s telegraph. Contrary to the Court’s ruling in O’Reilly v. Morse, however, the Federal Circuit recently held in In re Nuijten that useful, man-made signals are unpatentable because they do not fit within any of
Scott Bloebaum, Comment, From Telegraphs to Content Protection: The Evolution of Signals as Patentable Subject Matter Under 35 U.S.C. § 101 , 9 N.C. J.L. & Tech. 243 (2008), available at http://ncjolt.org/wp-content/uploads/2016/09/14_9NCJLTech2432007-2008.pdf.
In the wake of a long history of copyright decisions that have been sparse in terms of First Amendment analysis, the Tenth Circuit in Golan v. Gonzales clearly addresses the First Amendment. This Recent Development analyzes the decision in Golan and argues that while the First Amendment concerns were properly recognized, the ultimate resolution of
Daniel Choi, Recent Development, Golan v. Gonzalez: The Stalemate Between the First Amendment and Copyright Continues, 9 N.C. J.L. & Tech. 219 (2008), available at http://ncjolt.org/wp-content/uploads/2016/09/13_9NCJLTech2192007-2008.pdf.
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