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Balanced Access
Due process in the Information Age means leveling a dynamic playing field. As courtrooms are being wired for computer access, jurors and litigants are opening the courthouse doors just enough to allow the Internet inside. These online excursions are challenging current notions of fair trial and equal justice.
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Ownership Of The Internet
In commerce, as we Americans are more or less reminded on our paper currency, transactions are divided into two domains: Those that are government-controlled, and those that are privately controlled. Depending on the type of transaction that is involved between parties, different constitutional rights are applicable. <br>That said and established, let's consider that growing alchemy of the ether realm that mixes expression and the maintenance and control of the Internet. In particular, if the Internet is nongovernmental, then it may generate terms-of-use agreements to prohibit political speech. But if the Internet is governmentally controlled, then Internet users have a First Amendment right to use it for public speech.
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Music Piracy Defendants Fighting Back
In the last year ' particularly in the last 6 months ' a growing number of defendants have refused to settle music industry suits, challenging what they allege are groundless lawsuits filed by the Recording Industry Association of America (RIAA).
<b>Decision of Note:</b> Rapper Isn't Public Figure
The Court of Appeals of Georgia, Fourth Division, found that a local rap artist wasn't a public figure for purposes of a defamation suit over comments made about him on a local radio station.
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Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
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Ringtones Breed Tension Within Music Industry
By 2004, mastertones were the hot new thing. They had replaced polyphonic ringtones (multipitched tunes), which had replaced monophonic ringtones. Mastertones were compressed snippets of studio-recorded music. In order to offer them to the public, ringtone content aggregators needed to obtain both publishing clearance and permission from those who held the rights to the recordings. That meant negotiating with record companies.
Features
<b>Anatomy of a Practice:</b> Washington, DC's Jenner & Block Builds Music and Movie Client Base
Three years ago, the closest most lawyers at Jenner & Block came to the entertainment industry were the compact discs its partners bought or the movies its associates rented. But now, Jenner & Block has been tapped to solidify the industry's role on the Web, edging out law firms with longer histories representing publishing and production companies. Add that to Jenner & Block's recent victory as lead Supreme Court counsel in <i>MGM Studios v. Grokster</i>, and the firm is quickly shaping up as a prominent player in the expanding industry.
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