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Copyrights & Trademarks: |
| RECENT ARTICLES: |
| ON THE PERILS OF INADEQUATE ANALOGIES |
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2008 Duke L. & Tech. Rev. 0004
Copyrights & Trademarks
4/3/2008
Linking law is barely a decade old. Over the course of this short period, a wide variety of approaches have come to light. In fact, different jurisdictions have come to different conclusions regarding similar issues. Recently, there has been a new addition to the jurisprudence. A Texas holding established that linking to copyright-protected content violates copyright. This iBrief argues that the reasoning in this decision is flawed. The opposite conclusion should have been reached by applying straightforward copyright analysis and by looking to recent case law regarding hyperlinking. |
Archived Articles >>>
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Title: |
Date
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| DOMAIN TASTING IS TAKING OVER THE INTERNET AS A RESULT OF ICANN’S "ADD GRACE PERIOD" |
12/13//07 |
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THIS TOWN AIN’T BIG ENOUGH FOR THE BOTH OF US--OR IS IT? REFLECTIONS ON COPYRIGHT, THE FIRST AMENDMENT AND GOOGLE’S USE OF OTHERS’ CONTENT |
6/11/2007 |
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IS KELLY SHIFTING UNDER GOOGLE'S FEET? NEW NINTH CIRCUIT IMPACT ON THE GOOGLE LIBRARY PROJECT LITIGATION | 3/8/2007 |
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DOES INFORMATION BEGET INFORMATION? | 2/7/2007 | |
NEWSGROUPS FLOAT INTO SAFE HARBOR, AND COPYRIGHT HOLDERS ARE SUNK | 11/13/2006 | |
INJUNCTION JUNCTION: REMEMBERING THE PROPER FUNCTION AND FORM OF EQUITABLE RELIEF IN TRADEMARK LAW | 5/5/2006 | |
DOWNLOAD, STREAM, OR SOMEWHERE IN BETWEEN: THE POTENTIAL FOR LEGAL MUSIC USE IN PODCASTING | 4/13/2006 | |
UNFINISHED BUSINESS: ARE TODAY'S P2P NETWORKS LIABLE FOR COPYRIGHT INFRINGEMENT? | 10/4/2005 | |
KEYWORD-LINKED ADVERTISING, TRADEMARK INFRINGEMENT, AND GOOGLE'S CONTRIBUTORY LIABILITY | 9/1/2005 | |
GOOGLE LIBRARY: BEYOND FAIR USE? | 4/15/2005 | |
TELEVISION: PEER-TO-PEER'S NEXT CHALLENGER | 3/31/2005 | |
UK'S IMPLEMENTATION OF THE ANTI-CIRCUMVENTION PROVISIONS OF THE EU COPYRIGHT DIRECTIVE: AN ANALYSIS | 1/22/2004 | |
LIGHTS, CAMERA, LAWSUIT | 11/26/2003 | |
UNINTENDED CONSEQUENCES: STATE MERGER STATUTES AND NONASSIGNABLE LICENSES | 10/13/2003 | |
STRENGTHENING THE DISTINCTION BETWEEN COPYRIGHT AND TRADEMARK: THE SUPREME COURT TAKES A STAND | 9/30/2003 | |
ARE WE LEGISLATING AWAY OUR SCIENTIFIC FUTURE? THE DATABASE DEBATE | 9/22/2003 | |
STUDENTS, MUSIC AND THE NET: A COMMENT ON PEER-TO-PEER FILE SHARING | 9/17/2003 | |
ELDRED V. ASHCROFT: HOW ARTISTS AND CREATORS FINALLY GOT THEIR DUE | 5/19/2003 | |
REALITY BITES: HOW THE BITING REALITY OF PIRACY IN CHINA IS WORKING TO STRENGTHEN ITS COPYRIGHT LAWS | 2/11/2003 | |
INTERNET SERVICE PROVIDER LIABILITY FOR CONTRIBUTORY TRADEMARK INFRINGEMENT AFTER GUCCI | 12/9/2002 | |
THE EXTRATERRITORIAL REACH OF TRADEMARKS ON THE INTERNET | 6/4/2002 | |
AN INTERVIEW WITH CASPAR BOWDEN | 4/30/2002 | |
COURT GIVES THUMBS-UP FOR USE OF THUMBNAIL PICTURES ONLINE | 4/16/2002 | |
Universal City Studios, Inc. V. Corley : The Constitutional Under Pinnings of Fair Use Remain in Open Question | 2/14/2002 | |
MUSICNET & PRESSPLAY: TO TRUST OR ANTITRUST? | 11/12/2001 | |
HACKING DIGITAL VIDEO RECORDERS: POTENTIAL COPYRIGHT LIABILITY FOR DVR HACKERS AND SERVICE PROVIDERS | 8/17/2001 | |
COPYRIGHTS IN COMPUTER-GENERATED WORKS: WHOM, IF ANYONE, DO WE REWARD? | 7/11/2001 | |
THE FIRST SALE DOCTRINE AND DIGITAL PHONORECORDS | 5/31/2001 | |
THE FUTURE OF DATABASE PROTECTION IN U.S. COPYRIGHT LAW | 5/22/2001 | |
THE FATE OF NAPSTER: DIGITAL DOWNLOADING FACES AN UPHILL BATTLE | 3/18/2001 | |
CYBERSQUATTING: THE LATEST CHALLENGE IN FEDERAL TRADEMARK PROTECTION | 2/28/2001 |
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