By: Dana Ziker As best we understand the government, its first argument runs along the following lines: that health claims lacking “significant scientific agreement” are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0024
Month: November 2002
Music Piracy and the Audio Home Recording Act
By: Tia Hall In spite of the guidance provided by the Audio Home Recording Act (AHRA) of 1992, music companies are once again at odds with consumer electronics manufacturers. This time around, the dispute is over certain information technology products that enable consumers to copy digital music and transfer them to different formats, or exchange them over the Internet. This article will discuss anti-piracy measures being taken by digital content owners and the United States legislature to combat piracy and evaluate them in light of the AHRA. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0023
Online Brokers and the SEC: Still Working Out the Glitches
By: Philip J. Bezanson Common sense dictates that some customers of an on-line brokerage service are bound to have some of the same difficulties in conducting business but that does not mean all customers or even many customers had the same problems. In addition, as to customers who may have had problems executing buy and/or sell orders, there are many variables regarding the circumstances and conditions for each customer’s transaction. Variables such as, but not limited to, account status, time of order, i.e., time of day and day of the week, and the customer’s computer modem capabilities and internet service provider. Plaintiffs fail to allege sufficient evidence that this claim is typical of the proposed class under like or similar circumstances. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0022