Washington Journal of Law, Technology & Arts Issues
Volumes 1 - 5 were published under the journal name
"Shidler Journal of Law, Commerce + Technology".
Volume 6
Issue 4
Spring 2011
| Article | Title | Author |
|---|
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
Since its enactment in 1996, § 230 of the Communications Decency Act has shielded Web site operators from liability arising out of third-party content. The statute preempts any claim that would treat the defendant as a “publisher” or “speaker” of that content, but recent cases suggest that a defendant’s own statements may constitute an independent source of liability beyond the scope of § 230. In Mazur v. eBay, a federal district court held that § 230 does not bar claims of fraudulent misrepresentation when a defendant has described a third party’s auctioning procedures as “safe.” More recently, the Ninth Circuit in Barnes v. Yahoo! allowed a promissory estoppel claim to proceed against a defendant that failed to remove defamatory material from its Web site after assuring the plaintiff it would do so. A third case, Goddard v. Google, suggests that the Barnes decision could support claims by third-party beneficiaries as well. This Article analyzes these recent developments, discusses their potential impact on representations in marketing and terms of use, and assesses the willingness of courts to consider more expansive fraud- and contract-based limitations on § 230 immunity.
full article
|
Jeffrey R. Doty |
| 273 |
United States v. Berger: The Rejection of Civil Loss Causation Principles in Connection with Criminal Securities Fraud
abstract
full article
|
James A. Jones II |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
Issue 3
Winter 2011
| Article | Title | Author |
|---|
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 185 |
Standardizing Warhol: Antitrust Liability for Denying the Authenticity of Artwork
abstract
full article
|
Gareth S. Lacy |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
Issue 2
Autumn 2010
| Article | Title | Author |
|---|
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 111 |
Outsider Hacking and Insider Trading: The Expansion of Liability Absent a Fiduciary Duty
abstract
full article
|
James A. Jones II |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 143 |
Location Surveillance by GPS: Balancing an Employer’s Business Interest with Employee Privacy
abstract
full article
|
Kendra Rosenberg |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
Issue 1
Summer 2010
| Article | Title | Author |
|---|
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 33 |
Mobile Marketing Derailed: How Curbing Cell-Phone Spam in Satterfield v. Simon & Schuster May Have Banned Text-Message Advertising
abstract
full article
|
Gareth S. Lacy |
| 49 |
Communications Decency Act Provides No Safe Harbor Against Antifraud Liability or Hyperlinks to Third-Party Content Under the Securities and Exchange Act
abstract
full article
|
Sheri Wardwell |
| 67 |
Stevens v. Publicis: The Rise of "No E-Mail Modification" Clauses?
abstract
full article
|
Stephanie Holmes |
| 83 |
Trusting the Machines: New York State Bar Ethics Opinion Allows Attorneys to Use Gmail
abstract
full article
|
Kevin Raudebaugh |