CmpE 25 9/20/2011 – 9/22/2011. Online Speech The question to explore is does ”online speech”...

CmpE 25 9/20/2011 – CmpE 25 9/20/2011 – 9/22/20119/22/2011

Online SpeechOnline Speech

The question to explore is does The question to explore is does ”online speech” fit with our ”online speech” fit with our traditional ways of dealing with traditional ways of dealing with speech?speech?


We have explored censorship, but We have explored censorship, but what about speech that is not subject what about speech that is not subject to prior restraint? to prior restraint?

Remember prior restraint is the Remember prior restraint is the prevention of the speech ever prevention of the speech ever happening.happening.


The First Amendment provides for The First Amendment provides for freedom of speech and of the press.freedom of speech and of the press.

Free speech does not mean it is Free speech does not mean it is speech without consequences.speech without consequences.


What are the traditional potential What are the traditional potential consequences to speech? consequences to speech?


DefamationDefamation• The act of harming the reputation of The act of harming the reputation of

another by making a false statement to another by making a false statement to a third person.a third person.

• Tending to harm a person’s reputation Tending to harm a person’s reputation by subjecting the person to public by subjecting the person to public contempt, disgrace, or ridicule.contempt, disgrace, or ridicule.

• If a matter of public concern the plaintiff If a matter of public concern the plaintiff must prove the statements falsity. must prove the statements falsity.


DefamationDefamation• What is a matter of public concern?What is a matter of public concern?• Is it just a matter of “hits?”Is it just a matter of “hits?”

The remedy for defamation is a civil The remedy for defamation is a civil law suit for damages.law suit for damages.• How can you prove damages?How can you prove damages?• Might there be future damages?Might there be future damages?


Libel is a defamatory statement Libel is a defamatory statement made in a fixed medium.made in a fixed medium.

Libel has been both subject to Libel has been both subject to criminal and civil (tort) action.criminal and civil (tort) action.

Free speech has eliminated Free speech has eliminated prosecution as a criminal matter.prosecution as a criminal matter.


What are the characteristics of What are the characteristics of speech?speech?• OralOral• WrittenWritten• OnlineOnline


Who may hear the speech?Who may hear the speech?• TodayToday• In the FutureIn the Future

How long may the speech be How long may the speech be accessible and by whom?accessible and by whom?


Typical remediesTypical remedies• Damages, how do you prove damages?Damages, how do you prove damages?

What is the ability to pay damages?What is the ability to pay damages?

• RetractionRetraction Who sees the retraction?Who sees the retraction?


As a comparison look at the release As a comparison look at the release of the Pentagon Papers and the of the Pentagon Papers and the current concern over WikiLeaks.current concern over WikiLeaks.


The Pentagon PapersThe Pentagon Papers• 1971 release of a government study of 1971 release of a government study of

US – Vietnam relations.US – Vietnam relations.• The papers were obtained by Daniel The papers were obtained by Daniel

Ellsberg.Ellsberg.• The papers were published at first by The papers were published at first by

the New York Times and later by other the New York Times and later by other newspapers.newspapers.


The New York Times read and The New York Times read and reviewed the entire document before reviewed the entire document before publishing it. publishing it.

The New York Times sought legal The New York Times sought legal advise before publishing.advise before publishing.

The Pentagon Papers comprised a The Pentagon Papers comprised a total of 7,000 pages.total of 7,000 pages.


The New York Times has significant The New York Times has significant financial resources.financial resources.

The Pentagon Papers were clearly a The Pentagon Papers were clearly a matter of public concern.matter of public concern.


Bradley Manning charged with Bradley Manning charged with turning over 250,000 U.S. diplomatic turning over 250,000 U.S. diplomatic cables to WikiLeakscables to WikiLeaks

WiKiLeaks posts all 250,000 WiKiLeaks posts all 250,000 documents unedited.documents unedited.


WikiLeaks has only limited resources.WikiLeaks has only limited resources. WikiLeaks did not review everything WikiLeaks did not review everything

prior to posting.prior to posting.


QuestionsQuestions• What are the differences in both cases?What are the differences in both cases?• Which of those differences are enabled Which of those differences are enabled

by technology?by technology?• Is there an adequate remedy?Is there an adequate remedy?


How might Laws impact online How might Laws impact online speech.speech.• Reporters have the right to protect their Reporters have the right to protect their

sources, but who is a reporter?sources, but who is a reporter? Is there a difference between Is there a difference between

traditional and online publishers?traditional and online publishers? Is there an adequate remedy for Is there an adequate remedy for

online defamation/libel?online defamation/libel?


Is there an argument that online Is there an argument that online speech must have a different set of speech must have a different set of rules, laws and remedies? rules, laws and remedies?

Intellectual PropertyIntellectual Property

Types of IPTypes of IP• Trade SecretsTrade Secrets• TrademarksTrademarks• CopyrightsCopyrights• PatentsPatents• Right of PublicityRight of Publicity


CopyrightCopyright• Covers written matter, music, video, Covers written matter, music, video,

images etc.images etc.• Original works of authorship fixed in any Original works of authorship fixed in any

tangible medium of expression.tangible medium of expression. Right of publicityRight of publicity

• The right to control the use of one’s The right to control the use of one’s own name, picture or likeness and to own name, picture or likeness and to prevent another from using it for prevent another from using it for commercial benefit without consent.commercial benefit without consent.


Intellectual Property rights give the Intellectual Property rights give the owner:owner:• the right to financial gain from the the right to financial gain from the

property.property.• the to control how the property is used.the to control how the property is used.


Copyright protection extends to the Copyright protection extends to the expression and to the underlying expression and to the underlying idea, procedure or concept.idea, procedure or concept.

Classic class: Feist Publications v. Classic class: Feist Publications v. Rural Telephone Company.Rural Telephone Company.• Facts versus expressionFacts versus expression


What is the impact of technology on What is the impact of technology on the traditional handling of expression the traditional handling of expression covered by copyright?covered by copyright?• BooksBooks• MoviesMovies• VideoVideo• ArtArt


To make a copy one must be aware To make a copy one must be aware of and have access to the original.of and have access to the original.• Arnstein v. PorterArnstein v. Porter

Music Music

• Ventriloquist, “You Got the Right One.”Ventriloquist, “You Got the Right One.”• Chiffons “He’s So Fine,” George Harrison Chiffons “He’s So Fine,” George Harrison

“My Sweet Lord.”“My Sweet Lord.” Given the internet how would one Given the internet how would one

prove they did not have access?prove they did not have access?


How does expression in digital form How does expression in digital form change how are view copying change how are view copying material covered by copyright?material covered by copyright?

Given physical expression what does Given physical expression what does it take to make a copy of a book, it take to make a copy of a book, music, video or image?music, video or image?


While making a physical copy can be While making a physical copy can be expensive making a digital is not expensive making a digital is not only virtually free is also near only virtually free is also near perfect.perfect.

What does making a digital copy of What does making a digital copy of cost the owner?cost the owner?• They still have the property. They still have the property.


The right of publicity is similar to The right of publicity is similar to copyright in that it is right to control copyright in that it is right to control how the image or likeness is used or how the image or likeness is used or for financial gain.for financial gain.


Given the power of CGI to create Given the power of CGI to create things that may never have existed things that may never have existed they is much greater opportunity for they is much greater opportunity for abuse.abuse.

For example dead movie stars selling For example dead movie stars selling products that did not exist when they products that did not exist when they were alive. were alive.


Both copyrights and rights of Both copyrights and rights of publicity are elements of the real publicity are elements of the real world.world.

What about virtual worlds?What about virtual worlds?• Are virtual worlds all intellectual Are virtual worlds all intellectual

property?property?


What is the impact of “Terms of What is the impact of “Terms of Service” on intellectual property?Service” on intellectual property?

AssignmentAssignment• Look at two terms of service agreements Look at two terms of service agreements

for products/services you use.for products/services you use. For each note three things that you believe For each note three things that you believe

are signnificant.are signnificant.

Date post:	19-Dec-2015
Category:	Documents
View:	216 times
Download:	0 times

CmpE 25 9/20/2011 – 9/22/2011. Online Speech The question to explore is does ”online speech”...

Documents