For years the music industry commanded a virtual stranglehold on the dissemination of music to the consumer. The median which gave birth to the record industry, the gramophone record, was relatively difficult and expensive to duplicate. That stranglehold began to loosen as many consumer products that could record or copy audio recordings were introduced into the market. Following the landmark decision in the “Betamax case” the music industry became quite concerned about home recording undercutting their profits. The introduction of digital recording fueled these fears because digital copies, unlike their analog counterparts, do not from degradation. Eventually the Audio Home Recording Act (AHRA) was passed to address these fears and control this dissemination, while still protecting the privileges afforded under the “Betamax case.” However, recent technological advances have led the development of home recording methods beyond the Court decided scope of the AHRA. Coupled with the rise of the Internet these new methods represent a drastic change which creates a more hostile environment to consumers and the music industry alike. It is posited here that the scope of the AHRA should be reexamined in order to protect the competing interests of the music industry and the consumer alike. [More]

I. Introduction

Rising gas prices and an increasing awareness of the environmental consequences associated with the use of fossil fuels have spurred the development of the biofuel industry. “From being merely an interest of marginal innovators, it has become a multi-million dollar business – transforming economies – thanks to rising attention and support from governments and the public.”[1] With the US consuming nearly 20.8 billion barrels of oil per day, and with OPEC officials claiming they will not be able to meet the projected western oil demands in 10 to 15 years, the prospect of meeting our energy needs through homegrown and renewable resources is becoming more appealing.[2],[3] But this seemingly cut and dry solution to the US dependency on fossil fuels is not as simple as it appears. The actual economic and environmental benefits realized by relying more heavily on biofuels is hotly debated, and due to the fluid nature and unpredictability of the world market, concrete answers are hard to come by. Before considering the impact of a switch to biofuels, it is important to understand the true costs of our current oil dependency. [More]

I. Introduction

Patents have recently received a great deal of attention as tradable commodities, attracting the attention of several hedge funds, and giving rise to investment firms that specialize in patent acquisition.[1][2] This aspect is not unanticipated, and in fact is on its face congruent with the original means for attaining the goals behind patent law – “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” [3] The idea behind providing this protection is simple: encourage innovation by giving the innovator certain property rights and protections under the law which in turn encourages market participation.[4] The ability to monetize innovation is the means by which the U.S. Constitution proposed to incentivize the research and distribution of innovations. Nowhere else has this been more relevant than in the “Technology Sector,” where patents can make or break market share, and mean big bucks for the holders of those patents.[5] With the increasing number of patents issued and the amount of money tied up in them, the amount of litigation regarding those patents has increased accordingly[6]. This paper will address some of the issues created by the right to in IP litigation. [More]

I. Introduction

Personal data protection may be of concern anywhere, anytime in this information society. It is common to submit personal information to create digital identification or authorization to perform certain kinds of online activities, such as an electronic transaction. [1] In addition, all Internet traffic may be automatically tracked and restored by the visited website controller using Cookies technology or equivalent softwares. [2] There is a strong incentive to collect and store the data because it is valuable for business purposes in offering customized service and it is easy and cheap to do so. [3] However, it has not been guaranteed that data collectors manage the personal data in an appropriate manner. Thus, it has drawn the interests of the international society to establish personal data protection principles and have an effective redress or resolution method in case of breach. [More]

I. Introduction

On September 8, 2003, the Recording Industry Association of America (RIAA) filed copyright infringement lawsuits against 261 individuals for sharing songs on peer-to-peer (P2P) networks.[1] In the five years since, the RIAA has sued, settled, or threatened litigation against over 30,000 Americans for alleged violations of the Digital Millennium Copyright Act.[2] These actions have attracted a great deal of public attention, largely due to the fact that the suits have hit very close to home for many Americans. Unlike prior lawsuits, which targeted software programs such as Napster and Grokster, this new chapter in the file-sharing saga has focused on ordinary people.[3] The targets of the RIAA’s legal claims run the spectrum of everyday people who are not typically the subjects of copyright actions, including children, parents, grandparents, single mothers, professors, and college students.[4]

The RIAA’s strategic offensive against music consumers has spurred a firestorm of debate concerning topics such as copyright law, technology, privacy, and legal procedure. For the first few years of the RIAA’s legal efforts, the focus of legal and social observers centered on the RIAA’s tactics for identifying and filing suit against potential defendants.[5] In the last year, however, as contested cases have made their way through district court litigation, the focus has shifted to the interpretation of black-letter copyright law. The RIAA’s “making available” theory of infringement has garnered a great deal of attention, though its acceptance by district courts has been inconsistent. To date, the few district courts to rule on the matter have each interpreted the Copyright Act differently in the context of file-sharing, indicating that there is likely to be ongoing uncertainty until appellate level courts offer clarification. For the moment, though the trend is moving away from acceptance of the "making available" theory, courts appear more willing to allow the RIAA to prevail on the basis of actual dissemination. [More]

I. Introduction

A girl kills herself because she finds out the boy she liked on MySpace.com (“Myspace”) was actually a couple of girls, allegedly assisted by their parents, making fun of her. [1] Another teenager is lured to a girl’s home and beaten repeatedly in retaliation for comments made on MySpace.com, while the beating is filmed for posting on MySpace. [2]. These events and others have highlighted the lack of adequate criminal laws about online harassment and online bullying – sometimes called cyberstalking or cyberbullying. This article will examine the recent cases of cyberbullying, address examples of current laws that deal with cyberbullying and cyberstalking, and, finally, explain what needs to be changed about current laws to address the developing criminal area of cyberbullying. [More]

I. Introduction

Lawyers face many challenges in the litigation process. Many of these challenges present themselves during the discovery process, which can be incredibly expensive. [1] With the ubiquitous nature of current technology, especially in the business world, the discovery rules have had to adapt. New rules, the electronic discovery (“e-discovery”) rules, in the Federal Rules of Civil Procedure account for discovery of electronic documents. [2] Attorneys have had to adjust to these new rules by learning a novel language, and familiarizing themselves with how to obtain such electronic information from their clients and what kinds of information to ask for from opposing counsel. [3] One way attorneys can adapt to these new rules and attempt to discover all relevant documents at a lower, efficient cost is to invest in e-discovery software. Many different vendors, such as Attenex, have software specifically designed for attorneys and their discovery needs. [4] Different types of software can search through computers, databases or hand-held devices for a variety of documents, pictures, data and other files that are relevant to the lawsuit. This article provides a guide for lawyers searching for ways to make e-discovery easier by choosing an e-discovery software vendor. The first step when evaluating vendors is to find one that has the necessary combination of legal and technical knowledge. [More]

I. Introduction

Wikileaks.org, a website dedicated to compiling leaked documents from governments and corporations, has sought to hold large-scale entities more accountable for their actions through greater transparency of information. [1] However, by publishing sensitive information it believes to be in the public interest, coupled with the fact that the site has a completely anonymous user base, the site has aroused the ire of international governments and businesses alike. [2] A recent lawsuit by a Swiss bank in which the bank sought (and briefly received) a permanent injunction to shut down Wikileaks highlights how much controversy the site has generated in its relatively short life span. [3] While some critics try to paint Wikileaks as a site that engenders illegal activity and as a site that is a threat to privacy, neither claim can be properly substantiated. [4] Though Wikileaks is controversial, most forms of speech displayed on the site are protected by the First Amendment. [5] [More]

          Privacy has been defined as retirement and seclusion, or as “the state of being free from unsanctioned intrusion.” [1]  This evokes thoughts of physical space. [2]  One may expect to have privacy behind the closed doors of their own home,... [More]

   Before Mrs. Jones leaves work on a typical Tuesday, she goes to a familiar Web site where she can view the items left in her refrigerator to determine if she needs to stop by the grocery store.  She is completely out of milk and some other items, so she plans a trip to the s... [More]