By: Steven Beale The Communications Decency Act (CDA) provides Internet platforms complete liability protection from user-generated content. This Article discusses the costs of this current legal framework and several potential solutions. It proposes three modifications to the CDA that would use a carrot and stick to incentivize companies to take a more active role in addressing some of the most blatant downsides of user-generated content on the Internet. Despite the modest nature of these proposed changes, they would have a significant impact. Download Full Article (PDF) Cite: 16 Duke L. & Tech. Rev. 333
Tag: First Amendment
Noriega v. Activision/Blizzard: The First Amendment Right to Use a Historical Figure’s Likeness in Video Games
By: Joshua Sinclair Panama’s former dictator, Manuel Noriega, recently sued Activision Blizzard in the California Superior Court for using his likeness and image in the popular video game “Call of Duty: Black Ops II.” In his complaint, Noriega alleged that the use of his likeness violated his right of publicity. Former New York Mayor, Rudy Giuliani, came to Activision’s defense, and filed a motion to dismiss, which was granted. In granting Activision’s motion, the court held that Activision’s use of Noriega’s likeness was transformative and did not violate his right of publicity. This Issue Brief argues that the California Superior Court should not have applied the transformative use test but should have held that Manuel Noriega did not have a right of publicity for his place in Panama’s history. Download Full Article (PDF) Cite: 14 Duke L. & Tech. Rev. 69