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May 2014

MLRC Bulletin 2014 Issue 2

PUBLICATION:
in this issue

The Computer Fraud and Abuse Act – Underused? Overused? Misused?

By Jeremy D. Mishkin* 1. Introduction More of everything moves online every day. Commerce, entertainment, communication, education and even government are part of this migration. Yet the legal standards that govern our online connections were in many cases designed and implemented long ago, and not all have aged well. As a consequence, courts are struggling…

The Authors Guild v. Google: The Future of Fair Use?

Mary Rasenberger and June Besek* I. INTRODUCTION In November, 2013, the district court for the Southern District of New York issued its first decision on the merits in Authors Guild v. Google[1], a class action first brought almost nine years ago as a challenge to Google’s mass book digitization project. Google initiated a program (“Google…

The Google Books and HathiTrust Decisions: Massive Digitization, Major Public Service, Modest Access

By Jonathan Band and Brandon Butler* I. Introduction In late 2012 and mid-2013, federal district court judges in New York decided two landmark cases that raised fundamental questions about fair use, one of the oldest, broadest, and most flexible limitations to copyright. In Authors Guild v. HathiTrust[1] and Authors Guild v. Google,[2] the courts vindicated…

All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC

By Fernando A. Bohorquez Jr. and Alan M. Pate INTRODUCTION Last December, the Federal Trade Commission held a workshop “Blurred Lines: Advertising or Content” to address the latest and greatest darling of the digital media advertising world – Native Advertising, otherwise known as sponsored content, sponsor generated content, branded content, brand journalism, or some would…

MLRC Bulletin 2014 Issue 2

 Download Publication All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTCFernando A. Bohorquez Jr. and Alan M. Pate Google Books: Transformative or Infringing? Both Sides of the Debate The Google Books and HathiTrust Decisions: Massive Digitization, Major Public Service, Modest AccessJonathan Band and…