Internet and the Law: Technology, Society, and Compromises

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The law is ponderous and slow. The Internet is nimble and fast. This encyclopedia examines legal issues surrounding the Internet and computers, and details the state of the law as it struggles to keep up with new developments. Written by a law professor for a general audience, the book is both a complete resource on this high-interest area of the law and a primer on legal research and law in general.

The Internet is a communication medium, a do-it-yourself publishing house, and a source of information on everything. It is also subject to abuse by rogues, spammers, and terrorists. The law must balance the rights of Internet users against the excesses of abusers. It must find ways to regulate, and protect rights in, new technology. Internet and the Law is an accessible and comprehensive resource for information on the Internet and the rapidly developing body of law regulating it.

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Editorial Reviews

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"An excellent reference tool and college-level go-to with no need for users to have in-depth legal knowledge."


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Product Details

  • ISBN-13: 9781851097319
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 11/15/2005
  • Pages: 395
  • Product dimensions: 7.10 (w) x 10.10 (h) x 1.10 (d)

Table of Contents

Preface ix
Introduction: Law and the Internet-A Historical Overview xiii
Chronology: Key Events in the Development of Computer and Internet Law xvii
How to Use This Encyclopedia xxv
Table of Abbreviations xxxiii
Abandonware 1
Activism and Advocacy Groups 2
Advanced Access Content System 5
Advertising 6
Adware and Spyware 10
Analog Recording 12
Anonymity 13
Audio Home Recording Act 15
Backup Copies 17
Berne Convention 18
Broadband 23
Budapest Open Access Initiative 25
Business Methods Patent 26
Cable 29
Censorship 30
Certificate 34
Child Online Protection Act 34
Child Pornography 37
Children's Internet Protection Act 38
Children's Online Privacy Protection Act 40
Choice of Law 41
Class Action 43
Clickwrap Agreement 44
.com 45
Communications Decency Act 45
Computer Program 47
Constitutional Law 48
Consumer Broadband and Digital Television Promotion Act 49
Content Industry 50
Contracts 52
Cookies 53
Copyright 53
Copyright Infringement 58
Court of Appeals for the Federal Circuit 62
Cyber- 62
Cyberlaw 63
Cyberpunk 64
Cyberspace 65
Cybersquatting 67
Data Haven 71
Data Mining 73
Declaration of the Independence of Cyberspace 75
DeCSS 77
Defamation 80
Denial-of-Service Attack 83
Derivative Works 85
Digital Audio Works 87
Digital Divide 87
Digital Millennium Copyright Act 89
Digital Millennium Copyright Act, Title I 90
Digital Millennium Copyright Act, Title II 99
Digital Millennium Copyright Act, Title III 103
Digital Millennium Copyright Act, Title IV 104
Digital Millennium Copyright Act, Title V 107
Digital Performance Right in Sound Recordings Act 107
Digital Rights Management 108
Doctrine of Equivalents 112
Domain Name Registration 113
DoubleClick 116
E-books 119
E-commerce 122
Encryption 123
Enforcement 127
Fair Use (Copyright) 133
Fair Use (Trademark) 136
Federal Communications Commission 138
Federal Trade Commission 139
File-Sharing 140
Firewall 151
First Amendment 152
First Sale 155
French Yahoo! Case 157
Gambling 161
Hacking 165
Identity Theft 169
Indecency 172
INDUCE Act 174
Intellectual Property 176
International Copyright Protection 178
International Federation of Reproduction Rights Organizations 182
International Patent Protection 183
International Trademark Protection 185
Internet 186
Internet Corporation for Assigned Names and Numbers 187
Internet Service Providers 189
Jurisdiction 197
KaZaA 199
Look and Feel 203
Macrovision 207
Madrid Agreement and Madrid Protocol 208
Malware 209
Menu Command Hierarchy 211
Metatags 212
Microsoft Antitrust Litigation 214
Moral Rights 216
MP3 218
No Electronic Theft Act 221
Obscenity 223
Open-Source 225
P2P 227
Paris Convention 229
Patent 230
Patent Cooperation Treaty 232
Phishing 233
Phreaking 235
Piracy 236
Pornography 238
Privacy 242
Project Gutenberg 246
Prosecution History Estoppel 247
Protecting Intellectual Rights against Theft and Expropriation Act 248
Public Domain 249
Public Domain Enhancement Act 251
Recognition and Enforcement of Judgments 255
Recording Industry Association of America 256
Search Engine 259
Semiconductor Manufacturing Mask Work Registrations 266
Sonny Bono Copyright Term Extension Act 268
Spam 272
Steganography 277
Taxation 279
Trade Secret 281
Trademark 282
Trademark Dilution 285
Trademark Infringement 287
Trademark Law Treaty 290
TRIPS (Copyright) 291
TRIPS (Industrial Designs and Integrated Circuit Layouts) 294
TRIPS (Patent) 295
TRIPS (Trade Secrets) 295
TRIPS (Trademark) 296
Trojan 297
Uniform Computer Information Transactions Act 299
Universal Copyright Convention 300
Virus 303
Voluntary Collective License 304
Warez 307
Web Browser 309
WIPO 310
WIPO Copyright Treaty 314
WIPO Performances and Phonograms Treaty 315
World Wide Web 317
Worm 318
Yahoo! 323
Zombie 325
Appendix I Glossary 327
Appendix II Selected Documents 331
Appendix III Topic Finder 365
Appendix IV Bibliography 371
Appendix V Table of Authorities 375
Index 383
About the Author 395
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