Networking in cyberspace: electronic defamation and the potential for international forum shopping.
Article Abstract:
The huge global increase in online users of cyberspace has also increased the likelihood of defamation suits, a situation that could lead to US plaintiffs' forum shopping and filing suits under UK's favorable strict liability cause of action against defendant-publishers. However, an international fault standard for Bulletin Board Services already exists, based on case law. Forum shopping will be discouraged if UK courts allow defendant-publishers to use the US innocent dissemination defense. Cyberspace users' self-regulation is a positive alternative to forum shopping and defamation suits, which only serve to chill free speech.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1995
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A wiseguy's approach to information products: muscling copyright and patent into a unitary theory of intellectual property
Article Abstract:
US Supreme Court decisions denying copyright protection to works that contain information helpful to the public destroy the economic incentive for creating future public information works, contradicting the Court's purpose in freeing up such information. The Court's protection of free speech and free information exchange at the expense of the information industry must be altered to ensure that the public will continue to have access to information. Traditional notions defining patentable and copyrightable materials must yield to allow protection of works in the public domain.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1992
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The unrevised Holmes and freedom of expression
Article Abstract:
Justice Oliver Wendell Holmes, long considered the sponsor of freedom of speech rights in the US, issued apparently conflicting opinions in the early days following World War I. A recently discovered dissent in Baltzer v US, an undecided case, clarifies Holmes' position and eliminates the contradiction. Holmes felt there must be proof of preventable harm and intent to carry out the harm. The text of the dissent is reproduced and the reasoning it represents demonstrated.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1991
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