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  • The Destruction of an Empire: Will Viacom End YouTube's Reign?

    Shatzkes, Adam (Digital Commons @ Touro Law Center, 2012-12-04)
    In a pre-Napster world Congress sought to promote theadvancement and development of the Internet. To facilitate this expansion, Congress enacted the Digital Millennium Copyright Act ("DMCA"), which protects internet service providers from copyright infringement liability. Due, in part, to the DMCA, the Internet has expanded beyond Congress' expectations. With the growth of the Internet, however, inequities have been created. YouTube epitomizes these inequities and Viacom's suit highlights the injustices that have been created. The ease with which copyrighted materials are published on the Internet has made it impossible for copyright owners to adequately protect their works. It is time for Congress to revise the DMCA because the burden on copyright owners to protect their works from infringement greatly outweighs the burden placed on service providers. This Comment discusses the disproportionate burdens confronted by copyright owners compared to service providers and the significant changes to the DMCA which are required to alleviate this problem. Part II explores the history of the DMCA and the rules that govern its application. Part III examines the lawsuit Viacom brought against YouTube alleging direct, contributory, and vicarious copyright infringement. Part IV analyzes YouTube's defense predicated on the DMCA. Part V offers suggestions to correct the imbalance in the burden on copyright owners and service providers.
  • The Role of Social Media and User-Generated Content in Post-Conflict Peacebuilding

    Comninos, Alexis (World Bank, Washington, DC, 2016-03-03)
    There is a growing body of practice and
 literature on the role of information and communication
 technologies (ICTs) in preventing and responding to
 violence. There is also a lot of excitement and
 corresponding literature about the role of the internet in
 non-violent change and democratization. The use of mobile
 phones, social networks such as Facebook and Twitter, and
 user-generated content (UGC) like blogs and YouTube videos
 in the protests in Tunisia and Egypt, as well as throughout
 the wider middle-east and North Africa (MENA) region have
 shown how ICTs can complement and augment the exercise of
 rights to freedom of expression, freedom of association, and
 freedom of peaceful assembly. This literature focuses on the
 use of ICTs before and during conflict, for example in
 conflict prevention and early warning. What about the use of
 ICTs in post-conflict situations; after the negotiation of
 peace agreements? How can ICTs be used in post-conflict
 interventions; more specifically in post-conflict
 peacebuilding and post-conflict reconstruction and recovery?
 What role of can be played here by social media and
 user-generated content?
  • Celebrities’ Expansive “Right of Publicity” Infringes upon Advertisers’ First Amendment Rights

    Siderits, Jon (University of Cincinnati College of Law Scholarship and Publications, 2016-04-01)
  • The Role of search engines in Colombia after the Muebles Caqueta vs. Google Inc decision

    Osma Peralta, Sarah (2018)
    Considering the relevance of personal data protection, this research will focus on the identification of the criteria used by Colombian Courts regarding the rights to access, modification and erasure personal data within the context of information made available through search engines. This framework will expose the different cases ruled by both, the Colombian Constitutional court and the Colombian Supreme Court, as it attempts to highlight which was the criteria used to rule that search engines are mere intermediaries between the content makers and data subjects. Finally, this study attempts to contribute not only to the data protection legal literature in Colombia, but also, to improve the possibilities to effectively implement user’s rights of online search engines in Colombia.  
  • Big Data and the Americans with Disabilities Act

    Hoffman, Sharona (Case Western Reserve University School of Law Scholarly Commons, 2017-01-01)
    While big data offers society many potential benefits, it also comes with serious risks. This Essay focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that the Americans with Disabilities Act (ADA) should be amended in response to the big data phenomenon in order to protect individuals who are perceived as likely to develop physical or mental impairments in the future. Employers can obtain medical data about employees not only through the traditional means of medical examinations and inquiries, but also through the non-traditional mechanisms of social media, wellness programs, and data brokers. Information about workers’ habits, behaviors, or attributes that is derived from big data can be used to create profiles of undesirable employees. It can also be used to exclude healthy and qualified individuals whom employers regard as vulnerable to future medical problems. The ADA, which now protects only individuals with current or past disabilities and those who are perceived as having existing impairments, can no longer ignore the discrimination threats posed by predictive health data. The Essay analyzes these risks and propose a detailed statutory response to them.