Articles

Jun
16

On December 23, 2010, the Federal Communications Commission (“FCC”) issued a new Internet Order designed to regulate broadband access providers to further the principle of networkneutrality. The Order imposes regulations on broadband access providers for the first time, seeking to maintain the free and open character of the Internet by preventing this relatively new class

Jun
16

Throughout the twentieth century courts interpreted the Espionage Act of 1917 to criminalize leaking classified information, but consciously refused to extend the Act to prohibit press institutions from subsequently publishing leaked information. While the United States government has a significant interest in preventing dissemination of sensitive information, the courts allow news organizations to claim First

Jun
16

Righthaven, a recently created company, has filed hundreds of copyright infringement claims against blogs and other small Web sites for posting content from copyrighted news articles online. These claims—filed without any cease and desist letters to warn potential infringers—demand not only high monetary damages, but also forfeiture of the infringers’ domain names. Focusing on the claims against Web sites that

Jun
16

Federal court dockets are flooded with cases of patent infringement claims seeking substantial damages. Parties defending against these claims often argue the patent being asserted is invalid and should not have been issued. The case of i4i v. Microsoft is an excellent example of how evidentiary principles for proving damages and patent validity can affect

Jun
16

Modern technologies, including digital cameras and mediasharing, Web sites have made it possible for anyone to upload anything at any time and rapidly transmit this content to a worldwide audience. This digital environment fosters the creation of instant Internet celebrities via viral videos. The stars of these videos, such as “Bed Intruder’”s Antoine Dodson, are

Jun
16

This article examines the recent Second Circuit decision of Tiffany v. eBay and the effect it has on the nominative fair use doctrine. The Second Circuit was the first circuit to consider the doctrine of nominative fair use in the online marketplace. However, the Second Circuit failed to expressly recognize the doctrine, likely due in

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