Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (33)
- University of Michigan Law School (20)
- Fordham Law School (4)
- New York Law School (4)
- Marquette University Law School (3)
-
- University of Georgia School of Law (3)
- Golden Gate University School of Law (2)
- Pepperdine University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Cleveland State University (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- United Arab Emirates University (1)
- University of Maine School of Law (1)
- University of Massachusetts School of Law (1)
- University of Oklahoma College of Law (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Northwestern Journal of Technology and Intellectual Property (32)
- Michigan Telecommunications & Technology Law Review (11)
- Michigan Journal of International Law (5)
- Fordham Intellectual Property, Media and Entertainment Law Journal (4)
- NYLS Law Review (4)
-
- Marquette Intellectual Property Law Review (3)
- Golden Gate University Law Review (2)
- Journal of Intellectual Property Law (2)
- Michigan Law Review (2)
- Pepperdine Law Review (2)
- Touro Law Review (2)
- Akron Law Review (1)
- Catholic University Journal of Law and Technology (1)
- Cleveland State Law Review (1)
- Cybaris® (1)
- Georgia Journal of International & Comparative Law (1)
- Georgia State University Law Review (1)
- IP Theory (1)
- Maine Law Review (1)
- Michigan Law Review First Impressions (1)
- Michigan Technology Law Review (1)
- Northwestern University Law Review (1)
- Oklahoma Journal of Law and Technology (1)
- UAEU Law Journal (1)
- University of Massachusetts Law Review (1)
- Vanderbilt Law Review (1)
- Washington International Law Journal (1)
- William & Mary Business Law Review (1)
Articles 1 - 30 of 86
Full-Text Articles in Entire DC Network
Do Patents Drive Investment In Software?, James Hicks
Do Patents Drive Investment In Software?, James Hicks
Northwestern University Law Review
In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Software Patent In U.S. Law, Mohammed Hassan Abdullah
Software Patent In U.S. Law, Mohammed Hassan Abdullah
UAEU Law Journal
The handling of the patent system is at variance in the American system with that in the European Union's system, where the American system began to allow software protection under its patent system in addition to copyright protection while the European Union's Patent Office accepts this tendency some member States reject it. This affects negatively the level of protection and its nature, which should be available in a suitable and balanced manner between the different legal systems due to the nature of software as a countries' trans-border product. Thus, this research study calls for a special system of protection since …
The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao
The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao
Touro Law Review
No abstract provided.
Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist
Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist
Catholic University Journal of Law and Technology
The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced by the Google v. Oracle which has percolated in the courts for nearly a decade and is now being heard by the US Supreme Court (oral argument was on October 7, 2020). However, the thesis of this article that a legal construct is capable of being formulated that is analytically consistent and that …
Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman
Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman
IP Theory
Artificial intelligence is becoming increasingly complex, and provides examples of compelling, human-like performances. One such artificial intelligence technology is known as Creative Adversarial Network (“CAN”) technology, which relies on inputs of preexisting pieces of art to create pieces of original art that pass as human-made. Whether the coders responsible for CAN-technology should be granted coverage for the resultant art remains an open question in United States jurisprudence. This paper seeks to explore why, given both software’s historical legacy in copyright law and bedrock copyright justifications, extending copyright coverage to the coders responsible for CAN technology would be a grave misstep …
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala
Cybaris®
No abstract provided.
Patents For Sharing, Toshiko Takenaka
Patents For Sharing, Toshiko Takenaka
Michigan Technology Law Review
Spurred by the Internet, emerging technologies have changed the way commercial firms innovate and have made it possible for individuals to play an important role in that innovation. Producers in the Information Communication Technologies (ICT), and other sectors dealing with complex technologies with many separately patentable components, find it increasingly difficult to make products without infringing on patents held by others. Numerous overlapping patents often cover such products. Producers have developed a new way to use patents: as inclusive rights for sharing their technologies with others through cross-licensing and other private ordering arrangements in order to ensure the freedom to …
Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong
Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong
Michigan Telecommunications & Technology Law Review
The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive copyright protection …
Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein
Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein
Maine Law Review
For those within the information technology (IT) industry, the phrase “open source” has been as prominent at water cooler and boardroom discussions over the last several years as the phrase “out source.” Open source is at once a software development model, a business model, a social movement, and a philosophy that has recently garnered attention from outside of the IT sphere. As such, the topic has become increasingly fertile ground for academic scholarship from several disciplines. Economists, legal academics and practitioners, computer engineers, and social commentators have offered their varying perspectives on open source software. Whether or not this attention …
Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson
Oklahoma Journal of Law and Technology
No abstract provided.
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note proposes a statute that considers social media and the Internet. The proposed statute is advantageous because it understands how perpetrators abuse social media and the Internet and implements the protections that victims deserve from the legal system. When society understands the harms and “[w]hen there is no outlet for these images, no audience for these images, and no desire to post these images, that is when the images will cease to cause harm to victims.” The lessons from the criminalization of other forms of gender abuse indicate that society needs to change its attitude toward crimes that predominately …
Patently Insane For Patents: A Judge-By-Judge Analysis Of The Federal Circuit’S Post-Alice Patentable Subject Matter Eligibility Of Abstract Ideas Jurisprudence, Matthew B. Hershkowitz
Patently Insane For Patents: A Judge-By-Judge Analysis Of The Federal Circuit’S Post-Alice Patentable Subject Matter Eligibility Of Abstract Ideas Jurisprudence, Matthew B. Hershkowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
The Information Age exposed the U.S. patent system to patentable subject matter that it had never considered before. In particular, software tested the courts’ understanding of patentable subject matter under section 101 of title 35 of the U.S. Code. The Supreme Court grappled with this issue in its Alice Corp. v. CLS Bank International decision, which greatly affected the patentability of software. However, the Supreme Court did not define the precise contours of patentable subject matter in Alice, and as a result, the Federal Circuit has wrestled with its meaning ever since. This Note discusses the approaches Federal Circuit judges …
Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen
Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen
Journal of Intellectual Property Law
No abstract provided.
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
Journal of Intellectual Property Law
No abstract provided.
The Protection Of Property Rights In Computer Software, Edward W. Rilee
The Protection Of Property Rights In Computer Software, Edward W. Rilee
Akron Law Review
During the last decade a number of attempts have been made by the courts in the realm of patent and copyright law to settle the issue of the protection of property rights in computer software. These traditional methods of protection, however, have not been able to assimilate this relatively new technological invention. Likewise, at the start of a new decade, little or no progress towards a comprehensive form of software protection can be detected. This paper will examine the problems associated with using federal patent or copyright law to provide computer software protection and discuss why state trade secret protection …
Protection Of Computers And Computer Software Before The United States International Trade Commission: In Re Certain Personal Computers And Components Thereof, Nicholas N. Leach
Protection Of Computers And Computer Software Before The United States International Trade Commission: In Re Certain Personal Computers And Components Thereof, Nicholas N. Leach
Georgia Journal of International & Comparative Law
No abstract provided.
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
University of Massachusetts Law Review
Transcript of the Federalist Society’s Intellectual Property Practice Group and its Stanford Law School Chapter debate on Open Source and Intellectual Property Rights with panelists Professor Lawrence Lessig from Stanford University and Professor F. Scott Kieff from Stanford University and moderated by Professor G. Marcus Cole from Stanford Law School. This debate took place on Wednesday, March 30, 2005 in Palo Alto, California.
Software Patentability After Prometheus, Joseph Holland King
Software Patentability After Prometheus, Joseph Holland King
Georgia State University Law Review
This Note examines the history of patentability of abstract ideas and the tests that courts have used to make the determination of whether an invention incorporating an abstract idea is patentable. Part I provides a history of the four seminal cases related to patentable subject matter, as well as some more recent on point decisions. Part II changes focus to the various tests and factors that have been used by the courts, exploring the history of each, discussing the treatment by the Supreme Court, and determining the strengths and weaknesses of each. Based on the discussion in Part II, Part …
Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls
Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls
William & Mary Business Law Review
Patent litigation has become more frequent, more uncertain, and more expensive. Much of this can be traced to the rise of patent trolls asserting vague and uncertain software patents. Trolls have been derided as bringing frivolous and vexatious suits against productive companies, sapping the very same innovativeness that the patent system is supposed to encourage. Instead, companies are subject to nuisance-value suits as an ordinary course of business; for less established companies, such suits can threaten their very existence. Often, because of uncertain rules about claim construction and the granting of very broad patents, the accused infringer has no notice …
Aftermarketfailure: Windows Xp's End Of Support, Andrew Tutt
Aftermarketfailure: Windows Xp's End Of Support, Andrew Tutt
Michigan Law Review First Impressions
After 12 years, support for Windows XP will end on April 8, 2014. So proclaims a Microsoft website with a helpful clock counting down the days. "What does this mean?" the website asks. "It means you should take action." You should "migrate to a current supported operating system - such as Windows 8.1 - so you can receive regular security updates to protect [your] computer from malicious attacks." The costs of mass migration will be immense. About 30% of all desktop PCs are running Windows XP right now. An estimated 10% of the U.S. government's computers run Windows XP, including …
Structure From Nothing And Claims For Free: Using A Whole-System View Of The Patent System To Improve Notice And Predictability For Software Patents, Holly K. Victorson
Structure From Nothing And Claims For Free: Using A Whole-System View Of The Patent System To Improve Notice And Predictability For Software Patents, Holly K. Victorson
Michigan Telecommunications & Technology Law Review
No uniform or customary method of disclosure for software patents is currently employed by inventors. This Note examines the issues that develop from software patent claims disclosed at various levels of abstraction, and the difficulties encountered by courts and the public when investigating the contours of the software patent space. While the courts have placed some restrictions on the manner in which software inventions are claimed, they are easily bypassed by clever patent applicants who desire to claim the maximum scope of their inventions. In the long run, however, a large “patent thicket” of overlapping and potentially overbroad inventions will …
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Pepperdine Law Review
The following article examines the protection offered to computers and computer programs, under the various applicable patent, copyright and trade secret laws. Concerning patent protection; the author discusses the history and current status of the patent laws, and analyzes in detail the landmark case of Diamond v. Diehr. Discussed also is an analysis of copyright protection for computer programs, offered by the 1980 amendments to section 117 of the 1976 Copyright Act; which paved the way for the increased protection.
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel
Pepperdine Law Review
No abstract provided.
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill
NYLS Law Review
No abstract provided.
Software Wars: The Patent Menace, Andrew Nieh
Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Golden Gate University Law Review
This Note will first discuss the complex nature of computer technology and the scope of copyright protection currently available for computer programs. Section III will identify the elements of a copyright infringement cause of action and highlight the critical role of the test for substantial similarity. Section IV will set out the current three-way conflict in the circuit courts regarding the appropriate test for substantial similarity in computer program infringement cases and will examine the origins, underlying justifications and practical ramifications of each test. Finally, this Note will conclude that where the subject matter of a copyright dispute is particularly …
Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum
Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum
Golden Gate University Law Review
This Note presents the areas in which the copyrightability of a computer program has been questioned and it explains the reasoning used by the Third Circuit in Franklin to reject arguments that not all computer programs are copyrightable. Although there is no longer any doubt whether a computer program may be the subject of copyright, fundamental issues involved in copyrighting a work may pose barriers to a program being protected. These issues will be discussed in light of the Third Circuit's opinion in Franklin and the future directions which copyright law may take.
Trying To Understand Software: Why Microsoft V. At&T Was Mistakenly Decided, Drew J. Koning
Trying To Understand Software: Why Microsoft V. At&T Was Mistakenly Decided, Drew J. Koning
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk
Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.