When Discrimination Is Good: Encouraging Broadband Internet Investment Without Content Neutrality

By: Christopher E. Fulmer

Cable television and traditional telephone companies are increasingly offering the same set of services: telephone, television, and broadband Internet access. Competition between these two types of companies would ordinarily require them to improve these services, but unless broadband providers have the ability to discriminate on the basis of content and charge Internet video providers that compete with their own video services, the growth of the Internet will be stunted, as broadband providers will not improve the capacity of their networks.

Cite: 2006 Duke L. & Tech. Rev. 0006

Internet Sales Taxes From Borders to Amazon: How Long Before All of Your Purchases Are Taxed?

By: Walter J. Baudier

What so many internet consumers believe to be tax-free is actually subject to a state use tax. Faced with pressure from states that realize very little of the use tax owed, many online retailers, such as Wal-mart, “voluntarily” collect sales taxes from their customers. But a recent California Appeals Court decision, Borders Online v. State Board of Equalization, could mark a shift towards more prevalent, if not universal, taxation of internet retail.

Cite: 2006 Duke L. & Tech. Rev. 0005

Barriers to Innovation: Intellectual Property Transaction Costs in Scientific Collaboration

By: Megan Ristau Baca

The institution of university science research has evolved over the past century, from one of open science and free information to one of competition and jealously guarded intellectual property rights. This iBrief analyzes the background factors driving the evolution of the institution of science, evaluates the net effects on the progress of science, and considers potential short-term solutions to alleviate the legal transaction costs necessary for scientific collaboration.

Cite: 2006 Duke L. & Tech. Rev. 0004