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Emotion, Seduction and Intimacy: Alternative Perspectives on Human Behaviour RIDLEY-DUFF, R
Emotion, seduction and intimacy: alternative perspectives on human behaviour RIDLEY-DUFF, R. J. Available from Sheffield Hallam University Research Archive (SHURA) at: http://shura.shu.ac.uk/2619/ This document is the author deposited version. You are advised to consult the publisher's version if you wish to cite from it. Published version RIDLEY-DUFF, R. J. (2010). Emotion, seduction and intimacy: alternative perspectives on human behaviour. Silent Revolution Series . Seattle, Libertary Editions. Repository use policy Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in SHURA to facilitate their private study or for non- commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. Sheffield Hallam University Research Archive http://shura.shu.ac.uk Silent Revolution Series Emotion Seduction & Intimacy Alternative Perspectives on Human Behaviour Third Edition © Dr Rory Ridley-Duff, 2010 Edited by Dr Poonam Thapa Libertary Editions Seattle © Dr Rory Ridley‐Duff, 2010 Rory Ridley‐Duff has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Acts 1988. This work is licensed under a Creative Commons Attribution‐Noncommercial‐No Derivative Works 3.0 Unported License. Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). Noncommercial — You may not use this work for commercial purposes. -
How Open Source Is Changing IP Risk in the Soft Ware Supply Chain
A New Wave of IP Risks: How Open Source is Changing IP Risk in the Software Supply Chain Table of Contents Introduction . 3 Brief Overview of Open Source and Where It Stands Today . 3 The Interplay Between Open Source and IP Risk: . 5 Understanding the Challenges Specific IP Risks in the Open Source Software Supply Chain . 7 Copyright Infringement . 7 Reputation . 9 Exposing IP Secrets . 10 Impacts on the Partner/Customer Relationship . 11 Patent Infringement . 12 Looking Ahead: The Future of Open Source Litigation . 13 Conclusion . 14 I. Introduction Open source software has been integrated into nearly is a testament to the success of open source, it also gives every industry and sector today . According to a 2016 rise to unique challenges for businesses, particularly in survey, approximately 90% of today’s organizations report the area of intellectual property . If a company cannot using open source software .1 That percentage has almost even find all of its open source code or identify its open certainly grown since . One likely reason for open source’s source dependencies, they are also likely unable to boom in popularity is the distinct cost savings it gives ensure that they are remaining compliant with open companies who use it .2 The use of open source software is source licenses and protecting themselves from business now so widespread that many companies are unaware of or reputational risk . how and where it is used, and would be unable to identify all their open source code if asked to do so . In this paper, we will examine the most common IP risks that arise from the use of open source software today, As Mark Radcliffe, a partner in the Silicon Valley office of including copyright infringement, patent infringement, DLA Piper specializing in IP and open source, explains, reputational risk, exposure of IP secrets, and the impact on “virtually all software now has a large number of open the partner/customer relationship . -
Volume 30 Spring 2014
SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 TABLE OF CONTENTS Mass Copyright Infringement Litigation: Of Trolls, Pornography, Settlement and Joinder Christopher Civil………………………………………………………………………………...2 Notice and Manifestation of Assent to Browse-Wrap Agreements in the Age of Evolving Crawlers, Bots, Spiders and Scrapers: How Courts Are Tethered to Their Application of Register and Cairo and Why Congress Should Mandate Use of the Robots Exclusion Standard to Prevent Circumvention of Responsibility Michael Laven…………………………………………………………………………………..56 Seeing Red: Christian Louboutin’s Protection of His Trademark Through His Battle with Yves St. Laurent Sachpreet Bains…………………………………………………………………………………73 I Need a Lawyer: Establishing Statewide New York Communication Access Fund to Secure Legal Accessibility to Deaf and Hard of Hearing Clients Through Video Remote Interpreting Services in Compliance with the Americans with Disabilities Act YooNa Lim………………………………………………………………………………………99 Can You Hear Me Now? Spectrum is Shaping the Telecommunication Industry in an Increasingly Connected America James Zino……………………………………………………………………………………..131 Review of “I Know What You’re Thinking: Brain Imaging and Mental Privacy” Edited by: Sarah Richmond, Geraint Rees, and Sarah J.L. Edwards Jenna Furman…………………………………………………………………………………160 SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 2013-2014 EDITORIAL STAFF EDITOR-IN-CHIEF Brittany Jones MANAGING EDITOR Tanjeev Thandi LEAD ARTICLE EDITORS FORM & ACCURACY EDITORS Alessandra -
Privacy and Publicity: the Two Facets of Personality Rights
Privacy and publicity Privacy and publicity: the two facets of personality rights hyperbole. In this context, personality In this age of endorsements and rights encompass the “right of privacy”, tabloid gossip, famous people which prohibits undue interference in need to protect their rights and a person’s private life. In addition to coverage in the media, reputations. With a growing number images of celebrities adorn anything from of reported personality rights cases, t-shirts, watches and bags to coffee mugs. India must move to develop its This is because once a person becomes legal framework governing the famous, the goods and services that he or commercial exploitation of celebrity she chooses to endorse are perceived to reflect his or her own personal values. By Bisman Kaur and Gunjan Chauhan, A loyal fan base is a captive market for Remfry & Sagar such goods, thereby allowing celebrities to cash in on their efforts in building up Introduction a popular persona. Intellectual property in India is no longer Unfortunately, a large fan base is a niche field of law. Stories detailing also seen by unscrupulous people as an trademark infringement and discussing opportunity to bring out products or the grant of geographical indications services that imply endorsement by an routinely make their way into the daily individual, when in fact there is no such news headlines. From conventional association. In such cases the individual’s categories of protection such as patents, “right of publicity” is called into play. trademarks, designs and copyright, IP laws The right of publicity extends to every have been developed, often by judicial individual, not just those who are famous, innovation, to encompass new roles and but as a practical matter its application areas of protection. -
In the End, Truth Will out - Or Will It
Missouri Law Review Volume 52 Issue 2 Spring 1987 Article 2 Winter 1987 In the End, Truth Will Out - Or Will It Donald L. Magnetti Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Donald L. Magnetti, In the End, Truth Will Out - Or Will It, 52 MO. L. REV. (1987) Available at: https://scholarship.law.missouri.edu/mlr/vol52/iss2/2 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Magnetti: Magnetti: In the End "IN THE END, TRUTH WILL OUT" ...OR WILL IT? "MERCHANT OF VENICE," ACT II, SCENE 2 Donald L. Magnetti* I. INTRODUCTION .......................................... 299 II. Tim COMMON LAW OF DEFAMATION ....................... 300 III. Tim New York Times RULE: PUBLIC OFFICIALS AND THE MEDIA 307 DEFENDANT ............................................ IV. THE PUBLIC FIGURE PLAINTI=: Gertz v. Robert Welch ...... 311 V. DEVELOPMENTS AFTER Gertz .............................. 318 A. Forum Shopping ................................... 318 B. Post-Gertz Decisions Add to the Confusion ........... 320 C. The Dun and Bradstreet Decision - A "Side-Step"... 326 D. Falsity - The Essence of a Defamation Action ....... 329 The Neutral Reportage Privilege ..................... 329 PriorRestraint Cases ............................... 331 The "False Light" Cases ............................ 332 The "Fictionalization" Cases ........................ 334 The "Libel-ProofPlaintiff" and "Subsidiary Libel" 336 D octrines.......................................... The Issue of Falsity ................................ 339 Sum mary .......................................... 342 VI. PROPOSED REMEDIES FOR IE DEFAMED PLAINT .......... -
Image Is Everything Lowenstein Sandler’S Matthew Savare Gives a Comparative Examination of Publicity Rights in the US and Western Europe
Publicity rights Image is everything Lowenstein Sandler’s Matthew Savare gives a comparative examination of publicity rights in the US and western Europe Comedian Steven Wright once joked, “It’s a small world, but I the person’s identity has “commercial value” versus only 10 years for wouldn’t want to paint it”. Over the last decade, the proliferation those whose identity does not. of digital technologies has not made the world smaller or easier to • Remedies – the remedies available to plaintiffs also vary from state paint, but it has significantly hastened the globalisation of content. This to state. For example, New York’s statute provides for injunctions, transformation, coupled with the developed world’s insatiable fascination compensatory damages, and discretionary punitive damages. Ohio’s with fame, has spurred the hyper commoditisation of celebrity. statute, which offers the most remedies of any state statute, permits Despite the universality of celebrity, the laws governing the injunctions; a choice of either actual damages, “including any commercial exploitation of one’s name, image, and likeness differ profits derived from and attributable to the unauthorised use of an widely between the US and the nations of western Europe. In light individual’s persona for a commercial purpose” or statutory damages of the increased trafficking in celebrity personas between the two between $2,500 and $10,000; punitive damages; treble damages continents, a brief comparative analysis is warranted. if the defendant has “knowledge of the unauthorised use of the persona”; and attorney’s fees. A primer on US right of publicity law Courts have used primarily three methodologies or some The right of publicity is the “inherent right of every human being to combination thereof to value compensatory damages. -
The Seduction of Innocence: the Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy
Journal of Criminal Law and Criminology Volume 95 Article 7 Issue 2 Winter Winter 2005 The educS tion of Innocence: The Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy Carol S. Steiker Jordan M. Steiker Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Carol S. Steiker, Jordan M. Steiker, The eS duction of Innocence: The ttrA action and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy, 95 J. Crim. L. & Criminology 587 (2004-2005) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-41 69/05/9502-0587 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 95, No. 2 Copyright 0 2005 by Northwestern University, School of Law Printed in US.A. THE SEDUCTION OF INNOCENCE: THE ATTRACTION AND LIMITATIONS OF THE FOCUS ON INNOCENCE IN CAPITAL PUNISHMENT LAW AND ADVOCACY CAROL S. STEIKER"& JORDAN M. STEIKER** INTRODUCTION Over the past five years we have seen an unprecedented swell of debate at all levels of public life regarding the American death penalty. Much of the debate centers on the crisis of confidence engendered by the high-profile release of a significant number of wrongly convicted inmates from the nation's death rows. Advocates for reform or abolition of capital punishment have seized upon this issue to promote various public policy initiatives to address the crisis, including proposals for more complete DNA collection and testing, procedural reforms in capital cases, substantive limits on the use of capital punishment, suspension of executions, and outright abolition. -
Much Ado About Newsgathering: Personal Privacy, Law Enforcement, and the Law of Unintended Consequences for Anti-Paparazzi Legislation
MUCH ADO ABOUT NEWSGATHERING: PERSONAL PRIVACY, LAW ENFORCEMENT, AND THE LAW OF UNINTENDED CONSEQUENCES FOR ANTI-PAPARAZZI LEGISLATION ANDREW D. MORTONt Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dan- gers to liberty lurk in insidiousI encroachment by men of zeal, well-meaning but without understanding. INTRODUCTION: BALANCING THE INDIVIDUAL RIGHT TO PRIVACY WITH LEGITIMATE LAW ENFORCEMENT SURVEILLANCE Horror, not humor, brought actors Michael J. Fox and Paul Reiser to testify before a hearing of the United States House Judiciary Committee last summer.2 Fox described the "mercenary tactics of tabloid photographers" who turned his wedding into a "nightmare" as helicopters recklessly jock- eyed for position above the ceremony, then "fired away with high-powered cameras" on the couple's honeymoon suite.3 When Reiser's son was born prematurely, disguised journalists infiltrated the hospital with hidden cam- eras to steal a photo of the infant, and after returning home, the child was photographed in the privacy of the family's backyard by "resourceful" jour- t B.A. 1991, M.P.P. Candidate 2000, University of Maryland; J.D. Candidate 2000, Uni- versity of Pennsylvania. This Comment is dedicated to the memory of Alan Rubinstein- gifted attorney, and the father-in-law I have known only through the many whose lives he touched. I am deeply indebted to Ed Pease, Diana Schacht, the staff and members of the U.S. -
Privacy and the Limits of Law
The Yale Law Journal Volume 89, Number 3, January 1980 Privacy and the Limits of Law Ruth Gavisont Anyone who studies the law of privacy today may well feel a sense of uneasiness. On one hand, there are popular demands for increased protection of privacy, discussions of new threats to privacy, and an intensified interest in the relationship between privacy and other values, such as liberty, autonomy, and mental health.' These demands have generated a variety of legal responses. Most states recognize a cause of action for invasions of privacy.2 The Supreme Court has declared a constitutional right to privacy, a right broad enough to protect abortion and the use of contraceptives. 3 Congress enacted the Privacy Act of 19744 after long hearings and debate. These activities 5 t Visiting Associate Professor of Law, Yale Law School. This Article develops some of the themes of my doctoral thesis, Privacy and Its Legal Protection, written under the supervision of Professor H.L.A. Hart. Much of the inspiration of this piece is still his. I am grateful to Bruce Ackerman, Bob Cover, Owen Fiss, George Fletcher, Harry Frank- furt, Jack Getman, Tony Kronman, Arthur Leff, Michael Moore, and Barbara Underwood, who read previous drafts and made many useful comments. I. The best general treatment of privacy is still A. WEsTIN, PRIVACY AND FREEDOm (1967). For treatment of a variety of privacy aspects, see NoMos XIII, PRIVACY (R. Pen- nock & J. Chapman eds. 1971) (Yearbook of the American Society for Political and Legal Philosophy) [hereinafter cited as Nomos]. 2. W. PROSSER, THE LAW OF TORTS 804 (4th ed. -
Monetizing Infringement
University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2020 Monetizing Infringement Kristelia García University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Law and Economics Commons, and the Legislation Commons Citation Information Kristelia García, Monetizing Infringement, 54 U.C. DAVIS L. REV. 265 (2020), available at https://scholar.law.colorado.edu/articles/1308. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. Monetizing Infringement Kristelia García* The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus of both legislators and scholars. The conventional view is that infringement must be curbed and/or punished in order for copyright to fulfill its purported goals of incentivizing creation and ensuring access to works. This Essay proves this view false by demonstrating that some rightsholders don’t merely tolerate, but actually encourage infringement, both explicitly and implicitly, in a variety of different situations and for one common reason: they benefit from it. -
The First Amendment in the Second Circuit: Reflections on Edwards V
St. John's Law Review Volume 65 Number 3 Volume 65, Summer 1991, Number 3 Article 6 The First Amendment in the Second Circuit: Reflections on Edwards v. National Audobon Society, Inc., the Past and the Future Floyd Abrams Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Symposium is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE FIRST AMENDMENT IN THE SECOND CIRCUIT: REFLECTIONS ON EDWARDS v. NATIONAL AUDUBON SOCIETY INC., THE PAST AND THE FUTURE FLOYD ABRAMS* INTRODUCTION So often in its first century has the Court of Appeals for the Second Circuit led the nation in the articulation of legal principles that it comes as no surprise to us when it does so again. But we pay a price for our expectations. As readers of Second Circuit opin- ions, we become jaded by the court's accomplishments-as if Ricky Henderson added one more stolen base to his record or Pete Rose eked out yet another hit. Some decisions that are recognized in their own field as being of the highest significance consequently fail to receive the more general legal recognition they deserve. In this offering I discuss one such case-a ruling, both creative and controversial, of the Court of Appeals in 1977 which remains a landmark in both libel law and first amendment law and which typifies, in my view, the extraordi- nary vision of the Second Circuit.1 I. -
The (Unfinished) Ballad of Gunslinger/ ©Troll Richard Liebowitz by Steven D
For exclusive use of MLRC members and other parties specifically authorized by MLRC. © 2019 Media Law Resource Center, Inc. Page 8 August 2019 MLRC MediaLawLetter The (Unfinished) Ballad of Gunslinger/ ©Troll Richard Liebowitz By Steven D. Zansberg You are probably already far more familiar than you wish you were with Richard Liebowitz, the notorious copyright plaintiff’s attorney based in Valley Stream, New York. Mr. Liebowitz has gained notoriety (some might say ignominy) for having filed over 1,500 copyright infringement actions across the nation (some 1,100 in S.D.N.Y.), and having been featured in Slate, The Hollywood Reporter, and even has his own Wikipedia page (do you?). For those fortunate few unfamiliar with Mr. Liebowitz, his entrepreneurial spirit follows a well-developed business model: (1) represent photographers who have registered (or soon will register) their original works (now a requirement for instituting copyright infringement actions, and for recovery of statutory damages of up to $150K/violation plus attorneys’ fees); (2) find infringing (non-licensed) uses of those photos online by using a reverse-image search engine like Google Images, Tin Eye, Pixsy, or Berify; (3) demand an exorbitant amount to settle such cases (typically $25K per photo, most of which would command license fees of, at best, in the tens or hundreds of dollars) and then agree to a settlement figure that is a fraction (often less than half) of the initial extortionate demand. You are probably already far more Because it inevitably would cost more than the insurance familiar than you wish you were deductible to defend such a case, the defendants – many of with Richard Liebowitz, the whom are large media companies – make the rational business notorious copyright plaintiff’s attorney.