by Russell W. Jacobs
13 Colum. Sci. & Tech. L. Rev. 97 (Published Feb. 15, 2012)
While scholars have commented extensively on section 1201, little scholarship exists on section 1202. This Article addresses that gap. The Article discusses a federal court split regarding the scope of application of section 1202 and demonstrates that the legislative history and the plain language of the statute call for broad application to both digital and non-digital works. The Article then looks at section 1202 in the context of Internet fraud, and argues that this section functions as a consumer fraud statute, offering protections for the provision of accurate information and authentic works that can well serve copyright owners and consumers.
About the Author
Corporate Counsel, Starbucks Coffee Company. J.D. (J. Kent Scholar, Hamilton Fellow), Columbia Law School; A.B. (with highest distinction), University of Michigan, Ann Arbor.
Mr. Jacobs graduated from Columbia Law School in 2002 where he was a Hamilton Fellow, a James Kent Scholar, and served as Articles Editor and Notes Editor for the Columbia Journal of Law and the Arts. He also graduated in the top 1% of his class at the University of Michigan, double majoring in History of Art and Spanish. He is currently Corporate Counsel with Starbucks Coffee Company, focusing on domestic and international intellectual property issues.
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