CyberLaw: The Law of the Internet by Jonathan Rosenoer (auth.)

By Jonathan Rosenoer (auth.)

This ebook offers a complete advisor to criminal concerns that have arisen because of the progress of the web and the global net. in addition to discussing every one subject intimately, Jonathan Rosenoer contains vast insurance of the correct situations and their implications for the longer term. issues lined comprise: copyright and trademark matters, defamation, privateness, legal responsibility, digital contracts, tax concerns, and ethics. A potted heritage of the numerous criminal occasions is integrated which runs from the founding of the digital Frontier beginning to the 1996 Telecommunications Act. About the author: Jonathan Rosenoer has been basic advice for the Haft company, government Editor for Lexis tips attach, and is better identified for his CyberLaw column which has a distribution checklist of over 4 million.

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Copyright Playboy sued Frena for copyright and trademark infringement as well as unfair competition. Upon receipt of notice of the suit, Frena removed the photographs from the BBS and monitored it to prevent further Playboy photographs from being uploaded. s. district court in Florida noted that the Copyright Act of 1976 provides that the owner of a copyright ... has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies ... ; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies ...

In addition to the "chill" such a prohibition would place on the development of useful products and services that might be put to an unintended but infringing purpose, the prohibition itself appears to greatly expand the monopoly rights of copyright owners. For example, a copyrighted work may contain substantial elements that are not protected or protectable by copyright law. The copyright owner should not be able to prevent a person from copying and using those elements. 92 But by using advanced technology buttressed by the proposed legislation, such usage may be effectively prevented.

According to the court, Frena made it appear that Playboy had authorized Frena's product. He was also guilty of "reverse passing off," for removing Playboy trademarks from photographs. As stated by the court, Frena deleted Playboy's text from Playboy's photographs, to which he added his own text including his name, Techs Warehouse BBS, and telephone number. The Playboy case was later settled by the parties. It was dismissed on January 31, 1994. (For further information on this case, see Playboy Enterprises, Inc.

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