Cyberlaw Outline

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  • Topic: First Amendment to the United States Constitution, Due process, Obscenity
  • Pages : 16 (3821 words )
  • Download(s) : 59
  • Published : February 25, 2013
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Brookfield Commc’ns inc. v. west coast video:
- Use of Brookfield’s MovieBuff trademark by West Coast as a domain name was infringement. o Confusion as to source or sponsorship.

- use of Brookfield’s Moviebuff trademark by in West Coast’s keyword metatags was infringement. o Initial interest confusion.

Trademarks online:
Playboy v. Netscape- We know from the lanham act (15 USC 1114) that “use in commerce” of plaintiff’s mark is an element of trademark infringement.

- playboy sued seatch engine providers for selling keywords containing its trademarks (playboy and playmate) to advertisers that wanted their ads to be displayed alongside search results generated by queries containing the keywords. - The cort held that playboy failed to prove use in commerce of the words playboy and playmate as trademarks. The holder of a trademark may not remove a word from the English language merely by acquiring trademark rights in it.

Mainstream Loudon v. Board of trustees of loudon cty public library: Parties
- plaintiff
adult patrons of library

-defendanats

-Policy being challeneged: there was a policy which required blocking of child pornography and obscene material and material deemed harmful to minors under applicable Virginia statutes. (soft core porno)

-How was policy implemented? The library installed “X-Stop” a program which blocked inappropriate sites on their computers and it blocked other sites which were not porn.

Board of Ed. V. Pico: In Pico the court held that the motives of someone blocking books or removing books should be taken into account. The state may not contract the spectrum of available knowledge.

What analogy is used to defend filtering policy? Trustees considered it to be an inter-library loan system. (It is not removal- it is a decision not to acquire.) Mainstream Loudon tries to prove that Pico is relevant with their own analogy that the internet is like a set of encyclopedias and therefore not giving full access is like redacting encyclopedias. The court accepted the encyclopedia argument.

Computational platform: anything that supports use and development of applications- either hardware or software Architectural: a level surface on which people and thngs can stand. Figurative: a baseline at which you begin.

Political: the ideology of a political party

La Ligue Contre le Racisme v. Yahoo- Yahoo had to take appropriate steps to block the holocaust-related materials from being viewed by France.

American Libraries v. Pataki:

Washington v. Heckel:
Issue: whether Washington law which prohibits spam violates the dormant commerce clause… A Washington statute prohitbited misrepresentation of subject line or transmission path of any commercial email message sent to Washington residents or from a Washington computer

2 step ANALYSIS OF DORMANT COMMERCE CLAUSE:
1. does law openly discriminate against interstate commerce in favor of intrastate interests 2. If law is facially neutral, do local benefits outweigh burden on interstate commerce?

The problem of online obscenity:
- the government can prohibit the sale distribution and exhibition of obscene materials even to willing participants. - Obscenity is outside the scope of first amendment protection- which makes the definition of “obscenity” extremely important. - The three part test for obscenity was set forth in Miller v. California. o Whether average person applying contemporary standards would find the work prurient o Whether the work depicts sexuality in an offensive way o Whether it lacks serious literary artistic political or scientific value.

Geolocation:

Pennoyer – the “power” theory of jurisdiction- if a state could get its hands on you, it can assert power over you. 1. limits to state power extend to its territorial borders.

International Shoe- “minimum contacts” test.
- are the...
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