Who owns a web page?
HE SAYS:  

Author 
The author is the true owner of a web page. If you wrote the material yourself, why would anyone else have the right to own it?  If I take the time to create a web page, then the page is my creation and I own it.  Even if I use someone else's material (which I agree may be illegal), the page is still none the less mine.  There are thousands of web sites that contain quotes and copied material from Shakespeare, but these pages are still owned by the person who made the page, not Shakespeare. 
 

I disagree with Sally about the role of the Internet Service Provider.   I believe that the ISP is acting more like a book store owner rather than a publisher.  In this case, a book store owner helps disseminate lots of various materials. However, in most cases, the book store owner has never actually read all of the material and is unaware of the actual contents. They don't really own the page, they are just a middle man or distributor of its contents.  
 

What implications does this present for allowing students to publish  web pages? 

I think that schools need to be careful when trying to control the content on their web servers.  The supression of students' ideas is the supression of free speech.  Schools need to work closely with students to assure that their work is legal.  However, schools do not have the right to tell students how to think or what to post on their web page.  
 

Additional Resources 

What part of "no law" don't you understand?
by William Bennett Turner, published in Wired magazine, March 1996

A primer on the First Amendment and its interpretation for the digital age, by constitutional scholar and attorney William Bennett Turner.
 

The Constitution in Cyberspace 
by Laurence Tribe, 1991. Keynote address at the First conference on Computers, Freedom, and Privacy

This source looks at  the five basic assumptions of the Constitution and how they can be applied to the Internet. 
  

Should my university allow students to post to Netnews or have Web pages?   
A question from the Computers and Academic Freedom Project

A short question and answer essay dealing with how universities and their student web page policies. Provides insight into how network access can play an important role in meeting a univerisity's mission. 
   

Freedom of speech vs. protection 
by John Bedell in 1998 on The Copyright and AUP Discussion Group (Curry School of Education - University of Virginia)

A short personal essay on roles and responsibilites of both authors and ISPs.  Authors have the largest role in being responsible for the content.  ISPs are not accountable for the content itself, but may be responsible for how it is presented. A follow-up to the Blumenthal posting listed on the right.

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 Internet Service Provider (ISP) 
The author may own the content, but the ISP owns the actual page.  It's true that just about anyone can create a web page.  However, without the Internet Service Provider, the page would not be visible to the public.  With this capacity, the ISP acts much like a book publisher or a television station.  
 

Althought the initial World Wide Web was more like traditional print with lots and lots of text, it is quickly becoming more and more like radio and television.  The Supreme Court has already said that "differences in the characteristics of new media justify differences in the First Amendment standards applied to them."  That's why television and radio both have certain restrictions placed on them by the FCC.  It is obvious that the Internet is coverging the aspects of print, television, and radio all into one medium.  As the Internet moves closer to the look and feel of television and radio, it will deserve the same restrictions.  
 
 

What implications does this present for allowing students to publish web pages? 

Schools should be aware that they are seen as the publisher of all of the services and information that their web server provides. This also entitles schools  to control what is placed on their server.  Schools need to understand that their students' work will affect how the public views their school. 
 

Additional Resources 

Dangers of Students Publishing on the WEB 
by Colin Sachs & Doug Winther. Presented at TESOL 98 in Seattle, WA

Provides reasons why student work should and should not be published on the web. 
 

Freedom of speech vs. protection 
by Kevin Blumenthal in 1997 on The Copyright and AUP Discussion Group (Curry School of Education - University of Virginia)

A short personal essay about the roles and responsibilites of ISPs.  An ISP's role in the Internet is similiar to that of a radio station.  They have the responsiblity to control how, when, and by whom the information is presented.

 
     

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