In April 2008, Microsoft and Yahoo! appeared ready to sign a deal to combine the two companies. Microsoft would buy Yahoo! shares for a little over $30 apiece. But as often happens at these high levels, Yahoo! was stolen away by another suitor, Microsoft’s arch-nemesis, Google. As opposed to an outright buyout, Google sought to sell its ads to Yahoo! such that Google ads would appear on Yahoo! search pages.
E-Commerce
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Article: The Death of Discount Online Retailing? Resale Price Maintenance After Leegin v. PSKS
North Carolina Journal of Law and Technology, Volume 9, Issue 1, Page 87 (December 2007)
Abstract
In Leegin Creative Leather Products, Inc v. PSKS, Inc., the Supreme Court announced a shift in the law of minimum resale price maintenance by overruling the longstanding per se prohibition of these policies. The new rule of reason standard is more permissive of these minimum resale price maintenance agreements and as a result their use is likely to increase. Increased use of minimum resale price maintenance would harm online discounters competing for customers primarily on the basis of price.
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Comment: The Big Disconnect: Will Anyone Answer the Call to Lower Excessive Prisoner Telephone Rates?
North Carolina Journal of Law and Technology, Volume 8, Issue 1, Page 159 (December 2006)
Abstract
As the American prison population has exploded in the last quarter century, the prison telephone industry has grown into a billion-dollar market. Telecommunications companies are granted statewide prison monopolies that subject prisoners' loved ones to grossly inequitable telephone charges. As a result, many families become saddled with outrageously high phone bills. Phone companies defend these rates as necessary to cover government required security-enhancing technology.
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Article: Fantasy Football: Illegal Gambling or Legal Game of Skill?
North Carolina Journal of Law and Technology, Volume 8, Issue 1, Page 59 (December 2006)
Abstract
A lawsuit has been filed in the federal court system that threatens the continued success of online fantasy sports. The plaintiff in Humphrey v. Viacom, Inc. has sued the three main providers of online fantasy leagues, claiming that pay-to-play fantasy sports constitute illegal gambling. Since courts have traditionally distinguished between permissible and impermissible forms of gambling by looking to the requisite level of skill involved, this case will hinge on whether the court determines that skill or chance is the dominant factor in the outcome of fantasy games.
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Article: The Duty of Candor and Sanctions in the International Trade Commission
NC JOLT Online Edition, Volume 8, Page 8 (February 2007)
Abstract
No abstract available.
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Article: Implications of Grokster for Online Ticket Sale Companies: Why Online Ticket Resale Sites Should Be Held Liable For Violating State Scalping Laws
North Carolina Journal of Law and Technology, Volume 7, Issue 1, Page 181 (December 2005)
Abstract
The Metro-Goldwyn-Mayer Studios v. Grokster decision extended secondary liability for copyright infringement to companies who distribute software that enables its users to commit infringement. The theory of holding Internet-based companies liable for enabling users to violate laws can be applied outside the narrow context of copyright law. A host of websites allow users to scalp tickets via the Internet. Among them is StubHub.com, a particularly successful ticket resale website. Many users of StubHub.com violate state scalping laws.
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Article: Hong Kong Electronic Signature Law and Certification Authority Regulations: Promoting E-commerce In The World's “Most Wired” City
North Carolina Journal of Law and Technology, Volume 7, Issue 1, Page 1 (December 2005)
Abstract
Hong Kong is perhaps the “most wired” city in the world and has one of the best environments for e-commerce. Hong Kong's e-signature law is a major contributing factor to this environment. The Electronic Transactions Ordinance Act of 2000 (“ETO”) allowed the utilization of only one form of electronic signature-digital. This ran contrary to the trend in global electronic signature law; which encourages nations to give legal recognition to more than one.
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Article: Regulatory Arbitrage Strategies and Tactics in Telecommunications
North Carolina Journal of Law and Technology, Volume 5, Issue 2, Page 227 (June 2004)
Abstract
Recently several states have launched investigations of certain MCI telephone call routings based on competitors’ claims that the company eliminated or reduced payments it should have made. The MCI investigations may uncover instances of unlawful practices designed to shore up revenues, reduce payments to local exchange carriers for call delivery, avoid tax liability and shift local exchange access payment burdens to other carriers.
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Article: Follow the Leaders: A Constructive Examination of Existing Regulatory Tools that Could Be Applied to Internet Gambling
North Carolina Journal of Law and Technology, Volume 5, Issue 1, Page 155 (June 2003)
Abstract
Many articles have explored the explosive growth of Internet gambling. As of August 2000, over forty percent of American homes has access to the Internet, and an estimated 4.5 million Americans had already gambled online at least once. Some ambitious forecasts predict that by the year 2006, Internet gambling will become a $100 billion a year industry.
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Article: Remarks of J. Howard Beales, III, Director, Bureau of Consumer Protection, Federal Trade Commission, Before the 2003 Symposium on the Patriot Act
North Carolina Journal of Law and Technology, Volume 5, Issue 1, Page 1 (December 2003)
Abstract
I am delighted to be here this morning. Among the many issues confronting law enforcers today, consumer privacy and cybercrime are among the most challenging. The Federal Trade Commission’s (“FTC”) role as the nation’s chief consumer protection agency requires us to focus carefully on these, and a whole host of consumer protection, issues, using the unique tools available to us.
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Article: Considering a Market in Human Organs
North Carolina Journal of Law and Technology, Volume 4, Issue 2, Page 417 (June 2003)
Abstract
In 1963, Nobel Prize winning geneticist Joshua Lederberg predicted that medical advances would impose “intolerable economic pressures on transplant sources.” His prophetic statement has become more undeniably true as current altruistic methods for organ donation have failed to meet organ demand for more than thirty years. As a result of these failed organ procurement methods, along with moral and legal barriers to other procurement methods, thousands of people die each year from the organ supply failure.
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Article: Do Computer Purchasers Need Lemon
North Carolina Journal of Law and Technology, Volume 4, Issue 2, Page 307 (June 2003)
Abstract
Fifteen years ago, state legislatures around the country had either recently passed, or were considering, legislation to protect consumers from purchasing “lemon” cars. In 1985, “[d]isputes over automobile warranties constitute[d] some of the most intractable problems that [arose] between manufacturers and consumers.” By 1993, all fifty states and the District of Columbia had passed lemon laws for cars. State legislatures passed these laws partially in response to considerable litigation over warranty disputes.
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Recent Development: Leveling the Accessibility Playing Field: Section 508 of the Rehabilitation Act
North Carolina Journal of Law and Technology, Volume 3, Issue 1, Page 63 (December 2001)
Abstract
Innovative technology is an essential asset in the information age. Most people have the ability to obtain information about almost any topic at the click of a mouse thanks to recent developments in Internet and home computer technology. But many people face obstacles in obtaining the same information due to mental and physical disabilities. Although technology has been developed to assist individuals with disabilities, most electronic and information technology is not compatible with these products.
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Article: Are There Any Tax Havens in Electronic Commerce?
North Carolina Journal of Law and Technology, Volume 3, Issue 1, Page 1 (December 2001)
Abstract
E-commerce sales do not require a fixed place of business in foreign countries since consumers can order goods by accessing the seller’s website over the Internet. As such, e-commerce permits a foreign company to engage in extensive transactions with U.S. customers without entering the United States. Although such a company is clearly engaged in a trade or business, questions will arise as to whether he is engaged in a trade or business in the United States.
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Note: The Evolving Law of Ideas in Girl Friends Productions, Inc. v. ABC, Inc.
North Carolina Journal of Law and Technology, Volume 2, Issue 1, Page 67 (December 2001)
Abstract
This Note discusses recent developments in the law of protection of ideas. The present law of protection of ideas differs from state to state. The range in protection theories results from the conflicting goal of protecting one’s “property” from theft and the belief that ideas should be in the public domain. Courts have vied with these competing interests, and have used different methods to expand and to limit the protection of ideas.
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