ABSTRACT

One of the most significant restrictions on absolute free expression on the Internet stems from the fact that the law must protect ideas as private property. Copyright has become an important concern in regard to the Internet because digital word processing makes it easy to copy and paste the intellectual property of others. This chapter examines the issue of property rights. The Lanham Act protects trademarks as another form of intellectual property. The trademark has value because it is used as an advertising and commercial shortcut that may convey a series of complex meanings to consumers that have been cultivated over generations. Commercial speech is ultimately about making money in the marketplace. The commercial aspects of the Internet are impacted, in part, by the viability of advertising. Commercial control over free expression has been magnified by the partnership of huge corporate players. The commercial nature of free expression has an impact on the perceived value of ideas.