The Clash Between Trade Mark Law and Freedom of Speech in Cyberspace PDF Download
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Author: Eugene Lim
Publisher:
ISBN:
Category :
Languages : en
Pages : 64
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Book Description
Author: Eugene Lim
Publisher:
ISBN:
Category :
Languages : en
Pages : 64
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Book Description
Author: Mike Godwin
Publisher: MIT Press
ISBN: 9780262265379
Category : Computers
Languages : en
Pages : 436
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Book Description
A first-person account of the fight to preserve First Amendment rights in the digital age. Lawyer and writer Mike Godwin has been at the forefront of the struggle to preserve freedom of speech on the Internet. In Cyber Rights he recounts the major cases and issues in which he was involved and offers his views on free speech and other constitutional rights in the digital age. Godwin shows how the law and the Constitution apply, or should apply, in cyberspace and defends the Net against those who would damage it for their own purposes. Godwin details events and phenomena that have shaped our understanding of rights in cyberspace—including early antihacker fears that colored law enforcement activities in the early 1990s, the struggle between the Church of Scientology and its critics on the Net, disputes about protecting copyrighted works on the Net, and what he calls "the great cyberporn panic." That panic, he shows, laid bare the plans of those hoping to use our children in an effort to impose a new censorship regime on what otherwise could be the most liberating communications medium the world has seen. Most important, Godwin shows how anyone—not just lawyers, journalists, policy makers, and the rich and well connected—can use the Net to hold media and political institutions accountable and to ensure that the truth is known.
Author: Jacqueline D. Lipton
Publisher: Edward Elgar Publishing
ISBN: 1849806985
Category : Law
Languages : en
Pages : 337
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Book Description
As the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. This comprehensive examination of domain name disputes involving personal names and political and cultural issues sheds light on the need to balance trademark policy, free speech and other pressing interests such as privacy and personality rights. The author stresses that because domain names can only be registered to one person at a time, they create problems of scarcity not raised by other forms of digital assets. Also discussed are the kinds of conflicts over domain names that are not effectively addressed by existing regulations, as well as possible regulatory reforms. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource.
Author: Robert A. Badgley
Publisher: Wolters Kluwer
ISBN: 0735532931
Category : Law
Languages : en
Pages : 580
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Book Description
Domain Name Disputes provides practical and comprehensive analysis of domain name disputes resolved by U.S. courts or by the ICANN cyber-arbitration system, With this handy reference, you'll find detailed discussions relating to cybersquatting claims, trademark infringement and dilution claims, property disputes and more. Domain Name Disputes also addresses numerous topics relevant to the ownership and use of domain names, such as: the legal status of domain names as "property" - the clash between trademark rights and free-speech rights - the ways a domain name owner may resist a cybersquatting claim - the ways a trademark owner may succeed against a "passive" cybersquatter - the consequences of having a strong trademark as opposed to a weak one - the circumstances under which one's use of a domain name may subject its owner to the jurisdiction of a court in another state - the deference a U.S. court gives to an ICANN arbitration decision - the differences between a trademark infringement claim and a cybersquatting claim - and much more.
Author: Jennifer E. Rothman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This book chapter appears in the CAMBRIDGE HANDBOOK ON INTERNATIONAL AND COMPARATIVE TRADEMARK LAW, edited by Jane C. Ginsburg and Irene Calboli (Cambridge Univ. Press 2020). The Chapter provides an overview of the defenses to trademark infringement, dilution, and false endorsement claims that serve the goals of free expression and fair competition. In particular, the Chapter covers the defenses of genericism, functionality, descriptive and nominative fair use, the Rogers test, statutory exemptions to dilution claims, and the questions of whether and how an independent First Amendment defense applies in light of recent Supreme Court decisions. In addition to providing a useful guide to each of these defenses in U.S. law, the Chapter makes several overarching observations about these speech and competition-related defenses. First, that the speech or competition values asserted by the defendants influence the likely success of the claims. Defenses are more successful when the uses are in creative or artistic works, convey relevant information to potential consumers (even in advertising), or are deemed a commercial necessity. Second, that the perceived “reasonableness” of the defendant's use will determine the likely success of the asserted defense. This is true even when the particular defense does not explicitly include such a consideration. Finally, that these defenses serve as an important counterbalance to the broad scope of today's trademark law, which has expanded dramatically over the last century, particularly in the last few decades with the addition of dilution claims to the federal regime. The defenses highlighted in this Chapter provide a powerful antidote to the potential for trademark and related laws to shut down speech and unduly limit competition. The First Amendment and its speech-protective penumbras incorporated into trademark law provide latitude to use others' marks both in commercial and noncommercial speech, but this protection is not without limits. When a use exceeds what is appropriate under the circumstances, and is perceived as primarily profiting from another's goodwill without a corresponding speech benefit, these defenses are unlikely to provide protective shade.
Author: Madeleine Schachter
Publisher:
ISBN:
Category : Freedom of speech
Languages : en
Pages : 784
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Book Description
The book discusses the application of analytical models of First Amendment jurisprudence to Internet communications and explores the regulation of Internet content in such contexts as hate speech, matters relating to national security, and obscenity. "The Law of Internet Speech" also examines claims of on-line defamation and analyzes ISP immunities under the Communications Decency Act. A section on privacy interests explores common law claims of privacy in digital media; the implications of data mining and on-line profiling; and the use of technological devices (such as cryptography). The author also addresses proprietary interests in content, including copyright interests and the Digital Millennium Copyright Act; issues relating to trademark, domain names, and cybersquatting; and applications to linking, framing, and metatags. To further assist the reader, a glossary of Internet terms is included.
Author: Richard Spinello
Publisher: Jones & Bartlett Learning
ISBN: 0763795119
Category : Computers
Languages : en
Pages : 256
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Book Description
Revised and updated to reflect new technologies in the field, the fourth edition of this popular text takes an in-depth look at the social costs and moral problems that have emerged by the ever expanding use of the Internet, and offers up-to-date legal and philosophical examinations of these issues. It focuses heavily on content control, free speech, intellectual property, and security while delving into new areas of blogging and social networking. Case studies throughout discuss real-world events and include coverage of numerous hot topics. In the process of exploring current issues, it identifies legal disputes that will likely set the standard for future cases.
Author: Richard A. Spinello
Publisher: Jones & Bartlett Publishers
ISBN: 1449688411
Category : Business & Economics
Languages : en
Pages : 250
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Book Description
This fully revised and updated fifth edition offers an in-depth and comprehensive examination of the social costs and moral issues emerging from ever-expanding use of the Internet and new information technologies. Focusing heavily on content control, free speech, intellectual property, and security, this book provides legal and philosophical discussions of these critical issues. It includes new sections on Luciano Floridi's macroethics, gatekeepers and search engines, censorship, anti-piracy legislation, patents, and smartphones. Real-life case studies, including all-new examples focusing on Google, Facebook, video games, reader's rights, and the LulzSec Hackers, provide real-world context. --
Author: Richard A. Spinello
Publisher: Jones & Bartlett Learning
ISBN: 1284210308
Category : Computers
Languages : en
Pages : 399
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Book Description
Cyberethics: Morality and Law in Cyberspace, Seventh Edition provides a comprehensive and up-to-date investigation of the internet’s influence on our society and our lives.
Author: Paul Schiff Berman
Publisher: Routledge
ISBN: 1351154141
Category : Law
Languages : en
Pages : 724
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Book Description
During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change. This collection brings together many of these seminal works, which variously seek to interrogate assumptions about the nature of communication, knowledge, invention, information, sovereignty, identity and community. From the use of metaphor in legal opinions about the internet, to the challenges posed by globalization and deterritorialization, to the potential utility of online governance models, to debates about copyright, free expression and privacy, this collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era. In addition, the introductory essay both situates this work within the trajectory of law and society scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of online activity.
