September 10, 2019
Volume 09, Online Edition
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.
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