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Links: New Scholarship: Fair Use, FCC, and Internet Enforcement
Posted by Steven Wu on Friday, January 30 @ 12:45:13 EST News
1. Professor John Tehranian has posted a provocative article entitled Et Tu, Fair Use? The Triumph of Natural Law Copyright, in which he blames the doctrine of fair use for paradoxically increasing the strictness of copyright law.
Far from protecting the public domain, the fair use doctrine has played a central role in the triumph of a natural law vision of copyright that privileges the inherent property interests of authors in the fruits of their labor over the utilitarian goal of progress in the arts. Thus, the fair use doctrine has actually enabled the expansion of the copyright monopoly well beyond its original bounds and has undermined the goals of the copyright system as envisioned by the Framers.
2. Professor James Speta has posted an article entitled FCC Authority to Regulate the Internet: Creating It and Limiting It, questioning whether the FCC has ancillary jurisdiction under Title I of the Communications Act to address competition problems that may arise in Internet markets.

3. Finally, Professor Joel Reidenberg has posted an article entitled States and Internet Enforcement, which describes the use of non-legal methods, especially technical infrastructure, to regulate the Internet.
[F]or the online environment, the lack of local assets and the assistance of foreign courts no longer constrain state enforcement powers. States can enforce their decisions and policies through Internet instruments. . . . Next, . . . [t]he essay maintains that states will increasingly try to use network intermediaries such as payment systems and Internet service providers as enforcement instruments. Finally and most importantly, the essay focuses on ways that states may harness the power of technological instruments such as worms, filters and packet interceptors to enforce decisions and sanction malfeasance.
 
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State-sponsored worms? (Score: 0)
by Anonymous on Tuesday, February 03 @ 11:42:50 EST
That's about the worst idea I've ever heard of.
Maybe professor Reidenberg would also like to write about the ability of states to harness the power of fear using random killings to deter independent thinking. I think there is a name for that form of government, uh, let's see: fascist. I mean that literally, not in the "but they won't let me do what I want to" sense.


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