By Matthew Becker Edited by Matt Gelfand Editorial Policy The application of copyright in the space of virtual worlds has been a subject of increasing consideration in the legal community over the past few years.[i] Literature on this subject has often centered on two focal points: the existing laws and approaches that are likely to produce successful litigation in this evolving arena; and the idea that the best approach to settling copyright disputes might be to try to find recourse ... Read More...
Archive for December, 2010
By Alea Mitchell Edited by Cary Mayberger Editorial Policy Innovative hosting of user-generated content on the Internet, and a subsequent increase in unauthorized copyrighted material among this content, means reimagining copyright jurisprudence. The issue of how we protect an owner’s “exclusive” right to reproduce, distribute, and publicly perform his or her work, while not stifling advances in global communication and technology, underlies the concern in recent infringement suits brought against online hosts like YouTube, eBay, Hi5, and Veoh. See 17 ... Read More...
The Digest will be taking a short break from our regular coverage over the coming weeks as our Staff Writers finish fall examinations and go on holiday. While we take our hiatus from regular coverage, we have the pleasure of re-introducing our Comments feature. Comments are longer opinion pieces on especially significant issues. These pieces are written entirely by members of our staff, on topics they believe warrant closer examination and study. From now until mid-January, we will publish one ... Read More...
District Court Looks Unfavorably Toward Unilateral Contract Amendments through Web Page Updates By Katie Booth – Edited by Esther Kang Roling v. E*Trade Securities, LLC, No. 10-0488 (N.D. Cal. Nov. 11, 2010) Slip Opinion hosted by Scribd.com The U.S. District Court for the Northern District of California held that plaintiffs’ claim that E*TRADE’s brokerage agreement was unconscionable was sufficient to survive a motion to dismiss. E*TRADE could change the terms of the brokerage agreement by posting revised terms on its ... Read More...
By Emily Hootkins FTC Proposes ‘Do Not Track’ System for the Web CNET reports that the Federal Trade Commission is endorsing a “Do Not Track” mechanism for the web, reminiscent of its popular “Do Not Call” list. David Vladeck, director of the FTC’s Bureau of Consumer Protection, envisions the concept as “a setting similar to a persistent cookie” that would signal whether the consumer is willing to be tracked or receive targeted advertisements. PC Magazine highlights some potential technical difficulties ... Read More...
