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by R. H. Helmholz. Using contemporary evidence from English and Continental legal works, this article contends that Bonham's Case actually rested upon then commonly accepted principles of the law of nature, and that those principles stopped short of embracing judicial review in the modern sense. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/5/9
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by Jonathan R. Macey, Geoffrey P. Miller. This article proposes a simple and coherent approach to judicial review of class action settlements. Specifically, we propose that for questions going to the adequacy of a settlement, where no warning signals of fraud or collusion are found, the court should act relatively deferentially by employing a lenient standard of scrutiny and approving a settlement if it has a rational basis. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/6/25
Legislative History Research Seminar Links
- Legislative History Research Guide - Comprehensive guide explaining legislative history materials, as well as how to conduct legislative history research, available on the Law Library Web site.
The Biology of the Broadcast Flag
[ The CBDTPA is, by any account, a very broad bill. A more modest attempt at technology regulation was attempted by the U.S.Federal Communications Commission with the “broadcast flag,”a small piece of digital data that could be inserted in a television station’s digital, over-the-air broadcast stream. When the stream is received by a digital television with compliant technology, the flag would prevent any distribution of that digital program to anon-compliant device.
The Consumer Broadband and Digital Television Promotion Act
As adapted from the “ALTERNATIVES TO INTELLECTUAL PROPERTY"
Judge O’Scannlain’s opinion for the Ninth Circuit in Recording Industry Association of America v. Diamond Multimedia Systems is most significant for its holding that personal computers are not covered under the AHRA and computer manufacturers are, thus, not required to incorporate the copy control systems mandated by the AHRA (nor are computer manufacturers required to pay the royalties mandated by the AHRA).
A note on the resonance between the AHRA and CSS
Earlier in this chapter, we considered the controversy over DeCSS. In exploring the significance of this dispute, we noted the role of the CSS technology in forcing DVD player manufacturers to submit to the private law of CSS technology licenses as granted by the DVDCCA, a trade association of businesses in the motion picture industry.
The Audio Home Recording Act of 1992 : an introduction
We begin with the Audio Home Recording Act of 1992, a law passed to ratify an informal agreement between music industry publishers and leading manufacturers of digital audio tape recorders. As digital audio tape recorders were nearing availability in the mainstream consumer market, publishers sought to prevent consumers from producing successive generations of perfectly taped copies of music drawn from compact disks.
Intellectual Property and the Digital Economy: Why the Anti-Circumvention Regulations Need to be Revised
14 Berkeley Tech. L. J. 519 (1999)
The WIPO Copyright Treaty established several norms about applying copyright law in the digital environment. They include:
The Interplay between Hacking and the First Amendment: A Constitutional Right to Decode?
Wired News (2001)
WASHINGTON — To the movie studios trying to rid the Net of a DVD-descrambling program, the “DeCSS” utility is akin to terror ware that governments have a responsibility to prohibit.
In a 40 KB brief filed late Wednesday, the studios say that just as federal law outlaws “gambling devices, trafficking in satellite theft devices, and trafficking in cable signal theft devices,” Congress has the duty to enact laws preventing U.S. websites from distributing DeCSS.
Criminal Sanctions Under the DMCA
A. Dmitry Sklyarov and Elcomsoft
With annual revenues of $1.6 billion and over 4,000 employees in 2005, Adobe is considered one of the largest PC software companies in the world. In an effort to create and then lead the market for software that enables the digital distribution of books, Adobe developed the Adobe Acrobat eBook Reader. The eBook Reader gives users a friendly interface with which to view the text and graphics of a book. Adobe’s product overview explains:
