By Ari Okano
3 Shidler J. L. Com. & Tech. 13 (2007)
Intellectual Property
4/6/2007
Internet companies, libraries, and archives increasingly are digitizing literary information and providing access to digitized content through Internet search engines. This Article compares digital book search engines from Google, Yahoo!, Amazon.com, and MSN and highlights the different approaches to each of these models. In the fall of 2005, two copyright infringement lawsuits were filed against Google for their new search engine, Google Book Search. At issue in both lawsuits is a component of Google Book Search, Google’s Library Project, through which Google is digitizing the entire library content — including copyrighted material — of the University of Michigan library. This Article examines the limits of the fair use defense to copyright infringement in the Google cases to help establish what is permissible with respect to digitizing copyrighted materials and providing associated search features.
By Karen Alexander Horowitz
3 Shidler J. L. Com. & Tech. 14 (2007)
Corporate & Commercial
4/6/2007
Section 230 of the Communications Decency Act (CDA) offers broad protection for providers and users of interactive computer services against liability for defamation and other content-based claims when a third-party provides the information. Although providers and users of interactive computer services (ICSs) are permitted to exercise some editorial control while still avoiding legal liability, at some point, such editing may transform the provider or user of the ICS into an information content provider and deprive them of § 230 immunity. The key issue is where the threshold between permissible and impermissible editorial control lies. This Article delves into this issue by analyzing two recent decisions by the U.S. Court of Appeals for the Eleventh Circuit, Whitney Information Network v. Xcentric Ventures and Almeida v. Amazon.com, Inc., which indicate that even relatively minor editing of content could deprive the provider or user of the ICS of § 230 immunity.
By Jared Barrett
3 Shidler J. L. Com. & Tech. 15 (2007)
Intellectual Property
4/6/2007
In 2003, the United States Supreme Court decided Dastar Corp. v. Twentieth Century Fox Film Corp, narrowing the scope of protection under the federal Lanham Act for “reverse passing off.” “Reverse passing off” is derived from the statutory language in § 43(a) of the Lanham Act prohibiting a “false designation of origin” that is likely to cause consumer confusion and generally occurs where one company puts forth another company’s product as its own. A “reverse passing off” claim was also thought to be feasible against one who misrepresented the source of the creative or communicative work embodied in a product. In Dastar, however, the Court limited the ability to bring a claim of “reverse passing off” by narrowly defining the term “origin,” holding that “origin” refers only to the source of the tangible goods and not to the source of any idea, concept or communication embodied in the tangible goods. Following Dastar, several cases have further defined the scope of a “reverse passing off” claim. This Article introduces the concept of “reverse passing off” and then discusses the impact of Dastar and its application in subsequent cases.
By Laura Dunlop
3 Shidler J. L. Com. & Tech. 16 (2007)
Constitutional & Regulatory
4/6/2007
President George W. Bush's administration has outlined initial necessary steps to transform the healthcare delivery system through adoption of interoperable electronic health records ("EHRs") by the year 2014. This Article examines the nation's shift toward the use of EHR technology, which largely facilitates patient care by providing clinicians with the ability to review a more complete medical record at the time of treatment. Current legislation calls for financial support and technical standards. However, lawmakers neglect to fully address the Health Insurance Portability and Accountability Act ("HIPAA") and the need to expand its application and enforcement. In addition, healthcare provider Anti-Kickback and physician self-referral statutes may continue to deter electronic connectivity progress in healthcare, despite recently finalized safe harbor regulations. The Article concludes that while lawmakers have demonstrated strong support for the health information technology ("HIT") initiatives, significant challenges remain to EHR adoption, including the lack of interoperability standards, financial obstacles, and privacy and security concerns.