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Online Edition Articles - Cyber law
Recent Development: Just Age Playing Around? How Second Life Aids and Abets Child Pornography
NC JOLT Online Edition, Volume 9, Page 88 (July 2008)
Abstract
In 2002, Ashcroft v. Free Speech Coalition held that the possession, creation, or distribution of “virtual child pornography,” pornography created entirely through computer graphics, was not a punishable offense because regualtion impermissibly infringed on the First Amendment right to free speech and did not harm real children. Only a few years after that decision, however, the Court’s wisdom is being put to the test. A virtual world called Second Life, coupled with motion sensing technology, may provide a means for child pornographers to exploit real children while escaping detection. Second Life also provides a forum where users actively engage in sexual conduct with what appears to be a child. Thus, the Free Speech Coalition Court too narrowly construed “harm to a real child” and failed to render a decision that would keep pace with evolving technology.
Subject Areas:
Recent Development: Jacobsen v. Katzer: Failure of the Artistic License and Repercussions for Open Source
NC JOLT Online Edition, Volume 9, Page 65 (July 2008)
Abstract
The case of Jacobsen v. Katzer is among the earliest to consider the enforceability of open source software licenses, and is therefore of key interest to the open source community. To the disappointment of that community, the United States District Court for the Northern District of California held that an open source project creator could pursue a breach of contract claim but not a copyright infringement claim against a defendant for violating the project’s license terms. However, Jacobsen should not be read to suggest a general judicial approach to all open source licenses, but rather as confirmation of the long-thought weakness of the Artistic License. Jacobsen suggests the relevant legal rules could be improved to create a stronger presumption of copyright enforceability for open source licenses as well as a clear ability to enforce nonstandard open source license terms under contract.
Recent Development: Perfect 10 and Contributory Liability: Can Search Engines Survive?
NC JOLT Online Edition, Volume 9, Page 1 (December 2007)
Abstract
Search engines allow millions of users to locate content on the Internet, including content offered by individuals and companies who have infringed upon a copyright holder’s rights. Copyright Law’s contributory infringement doctrine presents a dilemma for search engines like Google, whose services may facilitate the infringement of copyrights by enabling users to locate such content on the Internet. The Ninth Circuit’s recent decision in Perfect 10, Inc. v. Amazon.com, Inc. highlights the problems associated with contributory liability doctrine in copyright law in the digital era. The Ninth Circuit Court of Appeals remanded the case to the district court, holding that “reasonable and feasible” means were available to Google, enabling it to block access on its search engine to content that violates a copyright holder’s rights. This recent development illustrates some of the problems of applying the standard of contributory liability to search engines on the Internet.
