Tomas Lipinski

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Orange Coast College

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University of California, Berkeley

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Papers by Tomas Lipinski

To Speak or Not to Speak: Developing Legal Standards for Anonymous Speech on the Internet

Informing Science the International Journal of an Emerging Transdiscipline, 2002

This paper explores recent developments in the regulation of Internet speech, in specific, injuri... more This paper explores recent developments in the regulation of Internet speech, in specific, injurious or defamatory speech and the impact such speech has on the rights of anonymous speakers to remain anonymous as opposed to having their identity revealed to plaintiffs or other third parties. The paper proceeds in four sections. First, a brief history of the legal attempts to regulate defamatory Internet speech in the United States is presented. As discussed below this regulation has altered the traditional legal paradigm of responsibility and as a result creates potential problems for the future of anonymous speech on the Internet. As a result plaintiffs are no longer pursuing litigation against service providers but taking their dispute directly to the anonymous speaker. Second, several cases have arisen in the United States where plaintiffs have requested that the identity of an anonymous Internet speaker be revealed. These cases are surveyed. Third, the cases are analyzed in order to determine the factors that courts require to be present before the identity of an anonymous speaker will be revealed. The release is typically accomplished by the enforcement of a discovery subpoena instigated by the party seeking the identity of the anonymous speaker. The factors courts have used are as follows: jurisdiction, good faith (both internal and external), necessity (basic and sometimes absolute), and at times proprietary interest. Finally, these factors are applied in three scenarios-e-commerce, education, and employment-to guide institutions when adopting policies that regulate when the identity of an anonymous speaker-a customer, a student or an employee-would be released as part of an internal initiative, but would nonetheless be consistent with developing legal standards.

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The "girl next door" in virtual play space: victim, or vixen, or invisible?

1999 International Symposium on Technology and Society - Women and Technology: Historical, Societal, and Professional Perspectives. Proceedings. Networking the World (Cat. No.99CH37005), 1999

... Quantity: In plain numbers, the availability of games directed towards a female audience are ... more

Sticks and stones and words that harm: Liability vs. responsibility, section 230 and defamatory speech in cyberspace

This article explores recent developments inthe regulation of Internet speech, inparticular, inju... more This article explores recent developments inthe regulation of Internet speech, inparticular, injurious or defamatory speech andthe impact the attempts at regulation arehaving on the `body&amp;amp;amp;amp;#39; in the sense of theindividual person who speaks through the mediumof the Internet and upon those harmed by thatspeech. The article proceeds in threesections. First, a brief history of the legalattempts to regulate defamatory Internet

The Journal of Academic Librarianship, 2005

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Erratum to “Copyright Policies and the Deciphering of Fair Use in the Creation of Reserves at University Libraries” [Journal of Academic Librarianship, 31 182–197]

The Journal of Academic Librarianship, 2006

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Indigenous Knowledge: A Moral Reflection on Current Legal Concepts of Intellectual Property

Libri, 2000

Indigenous knowledge of underdeveloped countries or of underdeveloped peoples within developed or... more Indigenous knowledge of underdeveloped countries or of underdeveloped peoples within developed or developing nations is a sought after commodity in today&amp;amp;amp;amp;#39;s marketplace. These commercialisation pressures will increase in the glo- balised climate of the new-world economic order. Since knowledge is intangible, legal protection of intangible knowledge is minimal. However, when the knowledge is ex- pressed in a tangible form, societies

The Impact of Copyright Law and Other Ownership Mechanisms on the Freedom of Inquiry: Infringements on the Public Domain

Journal of Information Ethics, 2006

... and indeed, an imbalance now exists in favor of copyright owners (eg, the content industries... more

Rethinking the ownership of information in the 21st century: Ethical implications

Ethics and information technology, 2000

This paper discusses basic concepts and recent developments in intellectual property ownership in... more This paper discusses basic concepts and recent developments in intellectual property ownership in the United States. Various philosophical arguments have previously been put forward to support the creation and maintenance of intellectual property systems. However, in an age of information, access to information is a critical need and should be guaranteed for every citizen. Any right of control over the information, adopted as an incentive to encourage creation and distribution of intellectual property, should be subservient to an overriding need to ensure access to the information. The principles underlying intellectual property regimes in the United States recognize and embody this. In addition, the philosophical/ethical dimensions of this debate could also be structured to support this attitude as well. Intellectual property is fast becoming digital property. New technologies allow owners to extend their control of both legitimate uses and misuses of the intellectual property. Recent trends demonstrate that the access principle has not always been paramount in judicial or legislative applications. The trend rather is to allow a proprietarianism factor to dominate the analysis. Finally, several principles are forwarded which would assist adjudicators and policy makers in reaffirming the basic purpose of the intellectual property law, which is to benefit the public at large.

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Prudent policy?: reassessing the digital millennium copyright act

ACM SIGCAS Computers …, 2007

... as a 21st century copyright regime that did not regulate access would be unrealistic and inco... more

The Editor of The American Journal of Distance Education acknowledges andexpressesappreciationtothefollowingpeople, whohaveservedasrefer-eesofmanuscriptssubmittedduringthepastyearofpublication. Theprocess of peer review is essential to maintaining and improving the standards of the journal, and w...

The American Journal of Distance Education, 2003

The Editor of The American Journal of Distance Education acknowledges andexpressesappreciationtot... more The Editor of The American Journal of Distance Education acknowledges andexpressesappreciationtothefollowingpeople,whohaveservedasrefer- eesofmanuscriptssubmittedduringthepastyearofpublication.Theprocess of peer review is essential to maintaining and improving the standards of the journal, and we are grateful for the contributions of these reviewers. ... Mike Allen Krisanna Machtmes Bill Anderson Robin Mason Zane Berge Jeanette McDonald Martin Bink Elizabeth Monk-Turner William Bramble Ian Mugridge Liz ...

DMCA Take-down Notices on Campus: A Case Study

Abstract: Millennium Copyright Act (DMCA), Section 512 (c), take-down notices have on a universit... more Abstract: Millennium Copyright Act (DMCA), Section 512 (c), take-down notices have on a university campus. Specifically this study will examine: the policies and procedures one university employs to comply with the DMCA, the content of received DMCA take-down notices, whether the notices comply with the standards set forth in the DMCA for notification, and the effects DMCA take-down notices have on university students and faculty.

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The Copyright Librarian: A Study of Advertising Trends for the Period 2006–2013

by Dick Kawooya and Tomas Lipinski

The Journal of Academic Librarianship, 2015

ABSTRACT Academic libraries are creating copyright positions to respond to the evolving and litig... more ABSTRACT Academic libraries are creating copyright positions to respond to the evolving and litigious copyright environment associated with digital content and services. This paper reports on a study of advertisement trends for copyright positions available in academic libraries. A content analysis of job advertisement data was carried out on data generated from JobLIST, an electronic listserv of the American Library Association (ALA) where library positions from the United States and Canada are posted. Job data were generated by searching the JobLIST database using the following search terms: copyright, intellectual property, scholarly communication, repository, electronic resources, licensing, and digital. Data were for the period August 2006 through April 2013. The search generated 2799 job advertisements (ads) of which 264 jobs mention ‘copyright’ in the title or text of the job advertisement (job ads). Of the 264, none required a Juris Doctor (JD) although 5 preferred a JD. The MLS/MLIS was always mentioned first. Of the 264 jobs, 16 were copyright officer/manager type positions. Between 2006 and 2011, there was a slight but steady growth in the positions mentioning copyright from 9% (2006) to 13% (2011). In the first quarter of 2013, copyright positions already represented 8% of the positions retrieved from JobLIST. The majority of the positions were a combination of copyright and related areas like intellectual property, scholarly communication, electronic resources, licensing and digital management. It is evident from the data that the copyright librarian or competence in copyright is a prerequisite for current and future needs of academic libraries and academic institutions in general.

To Speak or Not to Speak: Developing Legal Standards for Anonymous Speech on the Internet

Informing Science the International Journal of an Emerging Transdiscipline, 2002

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The "girl next door" in virtual play space: victim, or vixen, or invisible?

1999 International Symposium on Technology and Society - Women and Technology: Historical, Societal, and Professional Perspectives. Proceedings. Networking the World (Cat. No.99CH37005), 1999

... Quantity: In plain numbers, the availability of games directed towards a female audience are ... more