Washington Journal of Law, Technology & Arts
Volume 7
| Winter 2012
| Number 3
Understanding and Authenticating Evidence from Social Networking Sites
Heather L. Griffith
7
Wash. J.L.
Tech. & Arts
209
Social networking is a popular form of online interaction that combines several types of electronic communication in a single user interface. An attorney working with evidence found on social networking sites should have a general understanding of how users create and access content on social networking platforms. Before such evidence may be presented to the jury, an attorney must make a showing of authenticity. The proponent of the evidence may need to use different authentication methods depending on the type of communication involved. This Article provides background information about social networks and explores how to authenticate common types of evidence available on social networking sites.
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Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
Aurora J. Wilson
7
Wash. J.L.
Tech. & Arts
225
In recent advisory opinions, courts and ethics committees have considered whether and to what extent judges may use social networking sites such as Facebook without violating the applicable code of judicial conduct. While the committees agree that judges may generally use social networking sites, they disagree as to whether judges may use those sites to connect with lawyers who have appeared or may appear in a proceeding before them. Four states—California, Florida, Massachusetts, and Oklahoma—forbid judges frombecoming online “friends” with attorneys who may appear before them in court, while four states—Ohio, Kentucky, New York, and South Carolina—allow it, albeit with caution. This Article examines the recent trend in advisory opinions governing the use of social media by members of the judiciary and provides practical advice for judges to conform to the code of judicial conduct.
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Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
Parker A. Howell
7
Wash. J.L.
Tech. & Arts
237
4/10/2012
Intellectual Property
Some manufacturers seek to prevent unauthorized importation and sale of their foreign-made products, called “gray market” goods or “parallel imports,” through copyright law. U.S. copyright law prohibits importation of copyrighted works without the copyright owner’s permission. At least one manufacturer, Omega, sought to extend this protection to its watches, a useful product, by affixing copyrighted logos. In Costco v. Omega, S.A., Omega claimed Costco violated its distribution right by selling the watches in the U.S., while Costco contended that a first sale abroad had extinguished Omega’s rights. The case reached the U.S. Supreme Court, which affirmed by an evenly divided court the Ninth Circuit’s holding that the first-sale doctrine does not apply when products are initially made and sold abroad. The Court’s decision suggested that copyright law might offer businesses a potent method to fight parallel importation. However, on remand the district court granted summary judgment to Costco on the rationale that applying a copyrighted logo to an otherwise useful product constituted copyright “misuse.” While Omega has appealed, the district court’s decision suggests a critical limitation on producers’ use of copyright to protect utilitarian goods from unauthorized importation and sale.
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Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
Curt Blake and Joseph Probst
7
Wash. J.L.
Tech. & Arts
265
4/10/2012
Intellectual Property
This Article examines the intersection of Linux loadable kernel modules and the license under which Linux is distributed, the General Public License (GPL) Version 2. Section I of this Article discusses ambiguous terms contained within the GPL and various interpretations of these ambiguities. Next, Section II analyzes the changing scope of legal protection for computer software, particularly as it pertains to derivative works and as applied to loadable kernel modules. Section III highlights provisions contained within the GPL that may attempt to reach beyond a traditional works analysis and examines these provisions in light of recent developments at the intersection of contract law and intellectual property licensing.
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Internet as a Human Right: A Practical Legal Framework to Address the Unique Nature of the Medium and to Promote Development
Young Joon Lim and Sarah E. Sexton
7
Wash. J.L.
Tech. & Arts
295
4/10/2012
Constitutional & Regulatory
A Taiwanese court sentenced a blogger to 30 days of detention for her comments that a restaurant’s food was too salty and that the locale was unsanitary. In Indonesia, a woman was sentenced to six months in jail for libel after an e-mail she sent to friends about poor treatment she received in a hospital was posted on Facebook. These are not isolated cases of persecution, but part of a broad pattern of challenges facing individuals around the world. The United Nations recently released a report on legal trends involving restriction of expression on the Internet, declaring that freedom of expression on the Internet is a human right. If Internet freedom is a human right, what are the limits of that entitlement? This Essay explores existing legal models and restrictions on online communication through case studies, including discussion of restrictions in countries affected by the Arab Spring of 2011. This Essay suggests six basic elements for a legal framework that can support the unique challenges presented by the Internet as it becomes a primary mode of communication.
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