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Conducting Class Activities in Public Online Spaces Session #3: April 16, 2009 Legal and Ethical Ramifications Session #3: April 16, 2009 Legal and Ethical.

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Presentation on theme: "Conducting Class Activities in Public Online Spaces Session #3: April 16, 2009 Legal and Ethical Ramifications Session #3: April 16, 2009 Legal and Ethical."— Presentation transcript:

1 Conducting Class Activities in Public Online Spaces Session #3: April 16, 2009 Legal and Ethical Ramifications Session #3: April 16, 2009 Legal and Ethical Ramifications

2 Copyright Infringement  http://www.youtube.com/watch?v=ub CwmtNW8j0 http://www.youtube.com/watch?v=ub CwmtNW8j0  http://www.youtube.com/watch?v=ub CwmtNW8j0 http://www.youtube.com/watch?v=ub CwmtNW8j0

3 Bourne Co. v. Twentieth Century Fox Film Corp.  U.S. District Court in Manhattan  Decided March 16, 2009  “Family Guy”: Parody  “When You Wish Upon a Star”  “I Need a Jew”  Discovered on YouTube  U.S. District Court in Manhattan  Decided March 16, 2009  “Family Guy”: Parody  “When You Wish Upon a Star”  “I Need a Jew”  Discovered on YouTube

4 O.Z. v. Long Beach Unified School District U.S. District Ct., C.D. Cal., Sept. 9, 2008 HEADLINE: Student Demands Punitive Damages After School Transfers Her For A Home Video LOS ANGELES (CN) - An 8th grader demands punitive damages from Long Beach Unified School District, claiming it illegally suspended and transferred her after another student posted on YouTube a harmless skit they made at home, in which their English teacher was killed by a jelly doughnut. HEADLINE: Student Demands Punitive Damages After School Transfers Her For A Home Video LOS ANGELES (CN) - An 8th grader demands punitive damages from Long Beach Unified School District, claiming it illegally suspended and transferred her after another student posted on YouTube a harmless skit they made at home, in which their English teacher was killed by a jelly doughnut.

5 www.myspace.com  http://www.nisd.net/clark/Images/Int ernet Safety.html http://www.nisd.net/clark/Images/Int ernet Safety.html  http://www.nisd.net/clark/Images/Int ernet Safety.html http://www.nisd.net/clark/Images/Int ernet Safety.html

6 Draker v. Schreiber 271 S.W.3d 318 (Texas App. 2008)  “The website, which appeared to have been created by Draker, contained her name, photo, and place of employ- ment, as well as explicit and graphic sexual references.  Defamation and libel per se  Negligent supervision  “The website, which appeared to have been created by Draker, contained her name, photo, and place of employ- ment, as well as explicit and graphic sexual references.  Defamation and libel per se  Negligent supervision

7 Obscenity Trial  http://www.myspace.com/obscenitytr ial http://www.myspace.com/obscenitytr ial  http://www.myspace.com/obscenitytr ial http://www.myspace.com/obscenitytr ial

8 Crosby v. South Orange County Community College District 172 Cal. App. 4th 433 (2009)  http://www.saddleback.edu/library http://www.saddleback.edu/library  http://www.saddleback.edu/library http://www.saddleback.edu/library

9 FERPA  http://www.youtube.com/watch?v=gk FTSjBfjGw http://www.youtube.com/watch?v=gk FTSjBfjGw  http://www.youtube.com/watch?v=gk FTSjBfjGw http://www.youtube.com/watch?v=gk FTSjBfjGw

10 Waivers  A waiver is the voluntary relinquishment or surrender of some known right or privilege.  While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted. Other names for waivers are exculpatory clauses, releases, or hold harmless clauses.  Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, it is presumed one knows his or her rights and that those rights are voluntarily relinquished if they are not asserted at the time!  A waiver is the voluntary relinquishment or surrender of some known right or privilege.  While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted. Other names for waivers are exculpatory clauses, releases, or hold harmless clauses.  Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, it is presumed one knows his or her rights and that those rights are voluntarily relinquished if they are not asserted at the time!

11 Moreno v. Hanford Sentinel, Inc. 2009 WL 866795 (Cal. App. Apr. 2, 2009)

12 Policies  Posting under a pseudonym or anonymously  Conducting personal social relationships unrelated to university  Creating an account with dating site  Gambling on line  Posting lies or obscenity  Selling goods or services for profit  Posting under a pseudonym or anonymously  Conducting personal social relationships unrelated to university  Creating an account with dating site  Gambling on line  Posting lies or obscenity  Selling goods or services for profit


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