Pub Date : 2002-03-20DOI: 10.1080/14730980210001730311
D. Miers
This article sets out the current framework regulating commercial gambling within its social and historical context, and identifies and evaluates the likely impact of the Gambling Review Report's recommendations on the current regime.
{"title":"OFGAM? OFBET? The regulation of commercial gambling as a leisure industry","authors":"D. Miers","doi":"10.1080/14730980210001730311","DOIUrl":"https://doi.org/10.1080/14730980210001730311","url":null,"abstract":"This article sets out the current framework regulating commercial gambling within its social and historical context, and identifies and evaluates the likely impact of the Gambling Review Report's recommendations on the current regime.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"32 1","pages":"20-51"},"PeriodicalIF":0.0,"publicationDate":"2002-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90771073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2002-03-20DOI: 10.1080/14730980210001730351
M. James, F. Deeley
The claimant, a professional jockey, had suffered career-ending injuries caused by an accident in a race. The two defendants were jockeys involved in the accident. The incident which lead to the injuries involved four horses ridden by the claimant, the defendants and a fourth jockey, Byrne. The two defendants and Byrne were riding neck and neck, with Byrne taking the inside line. Caldwell was close behind in fourth place as they approached a left- handed bend. As they rounded the bend, the two defendants pulled ahead and in front of Byrne, leaving him no room to maintain his inside line. Byrne’s horse was unwilling to ride into the closing gap and veered outwards into Caldwell’s path, causing him to fall and seriously injuring him.
{"title":"The standard of care in sports negligence cases","authors":"M. James, F. Deeley","doi":"10.1080/14730980210001730351","DOIUrl":"https://doi.org/10.1080/14730980210001730351","url":null,"abstract":"The claimant, a professional jockey, had suffered career-ending injuries caused by an accident in a race. The two defendants were jockeys involved in the accident. The incident which lead to the injuries involved four horses ridden by the claimant, the defendants and a fourth jockey, Byrne. The two defendants and Byrne were riding neck and neck, with Byrne taking the inside line. Caldwell was close behind in fourth place as they approached a left- handed bend. As they rounded the bend, the two defendants pulled ahead and in front of Byrne, leaving him no room to maintain his inside line. Byrne’s horse was unwilling to ride into the closing gap and veered outwards into Caldwell’s path, causing him to fall and seriously injuring him.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"1 1","pages":"104-108"},"PeriodicalIF":0.0,"publicationDate":"2002-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86210953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2002-03-20DOI: 10.1080/14730980210001730341
Sarah Thomson
1is a quotation taken from a television commercial, which at the time of writing, is broadcast on Channel Five. It is the final written and verbal punch line promoting a personal injury claims service. The advertisement goes out frequently, particularly during the daytime and I have seen it displayed during evening schedules. Another firm 2 also vying for the personal injury claims market attracts the viewers’ attention by showing a young boy in a public playground. In the background are slides and a climbing frame, the implication is that the boy has damaged his eyesight whilst playing and requires glasses because of his injury. (The use of the playground as a site for advertising this type of product is interesting; it obviously suggests that it has been identified as an area of potential complaint and compensation). Comforted by a reassuring voiceover, viewers are informed that this particular firm, on behalf of the boy’s mother, successfully claimed damages for her son’s injury. The advertisement concludes with the suggestion that the mother received a large payment as recompense for a presumed negligence. Similar commercials publicising different personal injuries claims services are broadcast on other terrestrial television channels. 3
{"title":"Harmless Fun Can Kill Someone","authors":"Sarah Thomson","doi":"10.1080/14730980210001730341","DOIUrl":"https://doi.org/10.1080/14730980210001730341","url":null,"abstract":"1is a quotation taken from a television commercial, which at the time of writing, is broadcast on Channel Five. It is the final written and verbal punch line promoting a personal injury claims service. The advertisement goes out frequently, particularly during the daytime and I have seen it displayed during evening schedules. Another firm 2 also vying for the personal injury claims market attracts the viewers’ attention by showing a young boy in a public playground. In the background are slides and a climbing frame, the implication is that the boy has damaged his eyesight whilst playing and requires glasses because of his injury. (The use of the playground as a site for advertising this type of product is interesting; it obviously suggests that it has been identified as an area of potential complaint and compensation). Comforted by a reassuring voiceover, viewers are informed that this particular firm, on behalf of the boy’s mother, successfully claimed damages for her son’s injury. The advertisement concludes with the suggestion that the mother received a large payment as recompense for a presumed negligence. Similar commercials publicising different personal injuries claims services are broadcast on other terrestrial television channels. 3","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"16 1","pages":"95-103"},"PeriodicalIF":0.0,"publicationDate":"2002-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81806263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2002-03-20DOI: 10.1080/14730980210001730301
Lee K R Marshall
This article discusses the rhetoric of the highly publicised Napster legal cases, arguing that it is firmly based in the aesthetic and moral implications of copyright infringement. To contextualise current trends historically, the paper summarises insights from recent work analysing the importance of Romanticism to an understanding of contemporary copyright practice. Utilising this theoretical background, the article highlights the importance of the Romantic separation of art and commerce for the recording industry’s anti-piracy campaigns. This enables the industry to centre current rhetoric concerning Napster on artists rather than on commercial interests. This turns copyright infringement into not only an aesthetic crime, but also into a moral one. The article argues that the only way the recording industry can prevent substantial online piracy is by creating and winning a moral argument. However, it concludes that the industry is currently unsuccessful in this aim and offers some reasons for this, themselves predicated upon the Romantic separation of art and market.
{"title":"Metallica and morality: The rhetorical battleground of the Napster wars","authors":"Lee K R Marshall","doi":"10.1080/14730980210001730301","DOIUrl":"https://doi.org/10.1080/14730980210001730301","url":null,"abstract":"This article discusses the rhetoric of the highly publicised Napster legal cases, arguing that it is firmly based in the aesthetic and moral implications of copyright infringement. To contextualise current trends historically, the paper summarises insights from recent work analysing the importance of Romanticism to an understanding of contemporary copyright practice. Utilising this theoretical background, the article highlights the importance of the Romantic separation of art and commerce for the recording industry’s anti-piracy campaigns. This enables the industry to centre current rhetoric concerning Napster on artists rather than on commercial interests. This turns copyright infringement into not only an aesthetic crime, but also into a moral one. The article argues that the only way the recording industry can prevent substantial online piracy is by creating and winning a moral argument. However, it concludes that the industry is currently unsuccessful in this aim and offers some reasons for this, themselves predicated upon the Romantic separation of art and market.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"54 1","pages":"1-19"},"PeriodicalIF":0.0,"publicationDate":"2002-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80188473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Piracy of music on the Internet is an evolving area of the law. Improvements in technology are making it increasingly easy to download music, such as MP3 files, with a simple click of the mouse. It is estimated that, in the past year, more than 750 million tracks were downloaded illegally, and that every year the music industry in America looses $300 million due to piracy.' Furthermore, the number of illegal downloads is expected to triple in the next twelve months. As the market for music over the Internet continues to grow, the downloading of music is likely to displace current revenue producing devices, such as CDs. 2
{"title":"MUSIC IN THE DIGITAL MILLENNIUM: THE EFFECTS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998","authors":"David Balaban","doi":"10.5070/LR872027000","DOIUrl":"https://doi.org/10.5070/LR872027000","url":null,"abstract":"Piracy of music on the Internet is an evolving area of the law. Improvements in technology are making it increasingly easy to download music, such as MP3 files, with a simple click of the mouse. It is estimated that, in the past year, more than 750 million tracks were downloaded illegally, and that every year the music industry in America looses $300 million due to piracy.' Furthermore, the number of illegal downloads is expected to triple in the next twelve months. As the market for music over the Internet continues to grow, the downloading of music is likely to displace current revenue producing devices, such as CDs. 2","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91390184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Once copyright infringement has been established, section 504 of the Copyright Act' provides that the prevailing copyright owner may elect to recover, at any time before final judgment is rendered, either statutory damages, or all actual damages and "'any profits of the infringer that are attributable to the infringement .... ",,,2 The purpose of these damages is to prevent the infringer from unfairly benefiting from its wrongful act of copyright infringement.3
{"title":"Non-Deductibility Is a Wonderful Thing: Federal Income Taxes Should Not Be Deductible When Calculating Net Profits in a Copyright Infringement Suit","authors":"John P. McNicholas, Matthew McNicholas and","doi":"10.5070/LR851026354","DOIUrl":"https://doi.org/10.5070/LR851026354","url":null,"abstract":"Once copyright infringement has been established, section 504 of the Copyright Act' provides that the prevailing copyright owner may elect to recover, at any time before final judgment is rendered, either statutory damages, or all actual damages and \"'any profits of the infringer that are attributable to the infringement .... \",,,2 The purpose of these damages is to prevent the infringer from unfairly benefiting from its wrongful act of copyright infringement.3","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84189561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1997-01-01DOI: 10.4135/9781604265774.n220
J. Kaiser
The Supreme Court's plurality opinion in Denver Area Educational Telecommunications Consortium, Inc. v. FCC' will likely change the way in which courts analyze speech restrictions on cable television for First Amendment purposes. 2 The Denver plurality formulated and utilized an ad hoc standard to review the speech restrictions at issue. However, the plurality's standard departs substantially from firmly-established First Amendment precedent and was based upon an analytical approach that had previously been applied only to broadcast communications. Specifically, the plurality's analysis failed to take into consideration the fundamental differences between cable
{"title":"The Future of Cable Regulation Under the First Amendment: The Supreme Court's Treatment of Section 10(a) of the Cable Television Consumer Protection and Competition Act of 1992","authors":"J. Kaiser","doi":"10.4135/9781604265774.n220","DOIUrl":"https://doi.org/10.4135/9781604265774.n220","url":null,"abstract":"The Supreme Court's plurality opinion in Denver Area Educational Telecommunications Consortium, Inc. v. FCC' will likely change the way in which courts analyze speech restrictions on cable television for First Amendment purposes. 2 The Denver plurality formulated and utilized an ad hoc standard to review the speech restrictions at issue. However, the plurality's standard departs substantially from firmly-established First Amendment precedent and was based upon an analytical approach that had previously been applied only to broadcast communications. Specifically, the plurality's analysis failed to take into consideration the fundamental differences between cable","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90209197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Motion Picture Studios Can Regain Control of Their Wayward Classics","authors":"Eric P. Early","doi":"10.5070/LR811026305","DOIUrl":"https://doi.org/10.5070/LR811026305","url":null,"abstract":"","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"136 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1994-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77466814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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