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The Cloud: Boundless Digital Potential or Enclosure 3.0?
by David Lametti
17 Va. J.L. & Tech. 8 (2012)   View PDF

The Cloud presents enormous potential for users to have access to facilities such as vast data storage and infinite computing capacity. Yet the Cloud, taken from the perspective of the average user, does have a dark side. I agree with a number of writers ... [show]
The Cloud presents enormous potential for users to have access to facilities such as vast data storage and infinite computing capacity. Yet the Cloud, taken from the perspective of the average user, does have a dark side. I agree with a number of writers and the concerns that they raise about privacy and personal autonomy on the Internet and the Cloud. However, I wish to voice concern over another change. From the perspective of users, the Cloud might also reduce the range of user possibilities for robust interaction with the Internet/Cloud in a manner that then prevents users from participating in the Internet as creators, collaborators, and sharers. The Cloud is “manageable” in a way the Internet was not. By focusing on the entities that provide Cloud services, I argue that we might take steps to encourage or, if necessary, force private entities to keep the Cloud open and accessible in the long term. I also posit the desirability of a publicly held Cloud to achieve this same end. [hide]


Pushing the Boundaries of the Trademark Dilution by Tarnishment Claim: The Tarnishment Claim in an Ever-Expanding Keyword Search Market
by Paul Frederick Stibbe
17 Va. J.L. & Tech. 9 (2012)   View PDF

Following the Trademark Dilution Revision Act of 2006 (TDRA), which requires showing a likelihood of dilution, courts have not quite figured out what standard to apply to the online marketing context: how can they protect brand equity and the producers of brand equity while ... [show]
Following the Trademark Dilution Revision Act of 2006 (TDRA), which requires showing a likelihood of dilution, courts have not quite figured out what standard to apply to the online marketing context: how can they protect brand equity and the producers of brand equity while also endeavoring to prevent a clog in the online advertising market? Until Congress or the Supreme Court clarifies the implementation of the TDRA, famous trademark holders will likely start bringing successful dilution by tarnishment claims directly against third-party keyword purchasers, in addition to continued suits against those selling the use of the famous trademark holder’s trademarked keywords. Presently, the best courts can do is hear cases following a consistent likelihood of dilution analysis, require dependable evidence of a likelihood of dilution, and balance countervailing interests to the best of their abilities, while also respecting the goals Congress had in mind when passing the TDRA. [hide]




   ISSN 2327-7777 (Print)
   ISSN 1522-1687 (Online)

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