Global ETD Search

1	The Resounding Impact of Napster, Inc. An Analysis of A & M Records, Inc. v. Napster, Inc. Kelly, Isabella 01 January 2017 (has links) When Napster was first launched on the Internet in August of 1999 by young programmer, Shawn Fanning, the intension was that the platform would easily link Internet users with the free MP3 downloads they sought out on the web. By the time an injunction against the platform was granted and upheld by a state then federal court, Napster had made a far bigger impact than simply linking music listeners with free downloads. The proceedings of A & M Records, Inc. v. Napster, Inc. through the District Court Northern District of California then the United States Court of Appeals for the Ninth Circuit acted to test the applicability of copyright protections that had been legislatively heightened throughout the 1990’s and built the framework for specifications for copyright protection on the Internet. Even after fifteen years of being offline, the peer-to-peer platform still remains a household name due to the influence Napster had on shaping music consumers’ expectations of access to digital music as well as distributors’ practices. Through a review of A & M Records, Inc. v. Napster, Inc. in the district and appellate courts I will explore the workings of the Napster platform and the legal issues surrounding it - with an emphasis on vicarious copyright infringement, contributory copyright infringement, the application of the DMCA, and the application of the substantial non-infringing use doctrine to software technologies, as established by Sony Corporation of America v. Universal City Studios, Inc. I conclude that Napster has had a resounding legal, psychological, and technical impact on both the distribution and consumption of music in the digital space. Napster Peer-to-peer Copyright infringement Entertainment, Arts, and Sports Law
2	Legal and Governmental Obstacles to Implementing an International Draft in the MLB Tapson, Traven 01 January 2017 (has links) This paper considers whether the implementation of an international draft by Major League Baseball (MLB) will be possible. Over the last five years, the MLB has increasingly placed more stringent limitations on international spending, which has limited the bargaining power of international free agents. Many in the international market believe that the agreement between the MLB and the Major League Baseball Players Association (MLBPA) during the 2016 Collective Bargaining (CBA) negotiations are progressing towards an international draft, which would have a crippling effect on the future of baseball in many foreign countries. This paper is focused on the countries that stand to suffer the most should an international draft be implemented: the Dominican Republic, Venezuela, and Cuba. Currently there is little reliable research on this topic. Based on extensive research and interviews with both current and former international scouts, MLB baseball operations personnel, and employees working in the Labor Department in the MLB Commissioner’s Office, this paper suggests that while the MLB maintains that an international draft will be implemented in upcoming collective bargaining agreements, the obstacles in implementing an international draft will prove to be insurmountable. International Draft MLB Venezuela Cuba Puerto Rico Dominican Republic Entertainment, Arts, and Sports Law Law
3	The De Havilland Law - How One Woman stood up to the Hollywood System Reisfield, Alexander 01 January 2018 (has links) Olivia de Havilland’s legal victory over Warner Brothers in 1943 set a new precedent for labor relations in Hollywood. Not an isolated piece of litigation, the resulting law now is referred to by her name. It was the culmination of long struggle for actors in the studio system for representation and fair treatment under the law. Much of the work during Hollywood’s studio era was undertaken by women. They used their positions on screen both to appeal to their individual audiences. More than any other, the female star defined the pictures they performed in and the brand of the studios that employed them. Hollywood’s studio system bound stars like de Havilland contractually for a period of up to seven years, which was the legal limit at the time. This did not stop studios from abusing those legal limits through loopholes like the suspension clause. In 1943, the suspension clause was what Warner Brothers used to keep Olivia de Havilland beyond the seven calendar years she had worked for the studio. Actors rejoiced when the powerful suspension clause was declared unlawful by de Havilland’s suite. With the De Havilland Law, actors were entitled to independence that had previously be reserved for the lucky few. Cinema Entertainment Law Women's History Screen Actors Labor RIghts American Film Studies Entertainment, Arts, and Sports Law Film Production History of Gender Labor and Employment Law Labor History Law and Gender Other Film and Media Studies Screenwriting Social History United States History Women's History Women's Studies
4	The Reflection and Reification of Racialized Language in Popular Media Wright, Kelly E. 01 January 2017 (has links) This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks to aid in the demarcation of socially salient groups whose application of racialized adjectives to racialized images is near instantaneous, or at least less questioned. As we view growing social movements which revolve around the significant marks unconscious assumptions leave on American society, revealing how and where these lexical assignments arise and thrive allows us to interrogate the forces which build and reify such biases. Future research should attempt to address the harmful semiotics these lexical choices sustain. Racism Perception Linguistics Eye Tracking Corpus Media African American Studies American Popular Culture Cognition and Perception Critical and Cultural Studies Discourse and Text Linguistics Entertainment, Arts, and Sports Law Human Rights Law Inequality and Stratification Journalism Studies Law and Psychology Law and Race Multicultural Psychology Political Economy Psycholinguistics and Neurolinguistics Public Law and Legal Theory Race and Ethnicity Semantics and Pragmatics Social Media Social Welfare Law Theory and Philosophy

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