Duke Law & Technology Review

Are Domain Names Property? The sex.com Controversy

September 10, 2001 dukelawtechreview eCommerce

By: Christine Soares Do domain names constitute tangible property? Since domain names may be purchased or transferred, the answer at first glance would appear to be “yes”. Congress has also dictated that domain names corresponding closely to existing trademarks may be considered tangible property under certain circumstances. However, a recent case involving the lurid and lucrative domain name “sex.com” has determined otherwise. This iBrief examines the impact of characterizing domain names as tangible or intangible property on the causes of action available for domain name litigation. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0032

The Music Online Competition Act of 2001: Moderate Change or Radical Reform?

August 31, 2001 dukelawtechreview Media & Communications

By: Alexander Davie & Christine Soares On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0031

U.S. Export Controls on Technology Transfers

August 29, 2001 dukelawtechreview International

By: Matthew Crane Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations that must be given to the export of encryption and other technologies. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0030

Hacking Digital Video Recorders: Potential Copyright Liability for DVR Hackers and Service Providers

August 17, 2001 dukelawtechreview Copyrights & Trademarks

By: Ashley A. Johnson To what extent does Sony’s time-shifting fair use argument extend to recent innovations that make it easier for hackers use DVR technology to generate copies of protected material? The author assesses the potential liability of DVR manufacturers against the backdrop of traditional fair use doctrines. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0029

Carnivore: Will It Devour Your Privacy?

August 9, 2001 dukelawtechreview CyberCrime

By: Joseph Goodman, Angela Murphy, Morgan Streetman & Mark Sweet Perhaps you have written an e-mail that looks something like this: Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0028

A Reconsideration of the Physicians’ Immunity Statute

August 6, 2001 dukelawtechreview Health & Biotechnology

By: Steve Dirksen The author assesses the “physicians’ immunity statute” from legal policy, ethical, and financial perspectives, and concludes that alternatives such as licensure and monetary incentives would better serve the goal of encouraging invention more effectively by rewarding it. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0027

Monitoring Employee E-Mail: Efficient Workplaces vs. Employee Privacy

July 25, 2001 dukelawtechreview eCommerce

By: Corey A. Ciocchetti Employer monitoring of electronic mail constitutes an emerging area of the law that is clearly unsettled at this point in time. This iBrief demonstrates that the privacy rights of non public-sector employees are relatively unprotected by the federal and state constitutions, broad judicial interpretations of enacted privacy legislation favor legitimate employer-monitoring practices, and many of the elements of common law claims are difficult for employees to prove. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0026

Freelance Articles and Electronic Databases: Who Owns the Copyrights?

July 18, 2001 dukelawtechreview Media & Communications

By: Christine Soares There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0025

Copyrights in Computer-Generated Works: Whom, if Anyone, Do We Reward?

July 11, 2001 dukelawtechreview Copyrights & Trademarks

By: Darin Glasser Computer-generated works raise grave authorship concerns under U.S. copyright law, with arguments in favor of allocating copyrights to the computer user, programmer, the computer itself, or some combination therein. The author discusses the issues and paradoxes inherent in these choices, and assesses the nature of mathematical graphical processes in light of the idea/expression dichotomy. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0024

International Liability in Cyberspace

July 5, 2001 dukelawtechreview International

By: Matthew Crane Activities in cyberspace often expose companies to “cybertorts”, a species of tort particularly difficult to reconcile with standard insurance policies. The author explores some of the difficulties in obtaining coverage for cybertorts from traditional insurance policies, and makes recommendations for companies to reduce their cyberspace liability exposure. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0023