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 …
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 …
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 …
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 …
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). …
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 …
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 …
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 …
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 …
No abstract available.
