Digital Commons Network^™

Muddy Waters: Fair Use Implications Of Google Llc V. Oracle America, Inc., Gary Myers

Northwestern Journal of Technology and Intellectual Property

Ooh

In the muddy water we’re falling

Ooh In the muddy water we’re crawling

Holds me down

Hold me now

Sold me out

In the muddy waters we’re falling

— Laura Pergolizzi (LP) - “Muddy Waters,” Lost On You (Vagrant Records 2016)

The United States Supreme Court ruling in Google LLC v. Oracle America, Inc. ended a long-running dispute between two giant technology companies. The case, which first began in 2010, has received considerable attention and commentary with regard to the scope of copyright protection for software and then about the contours of the fair use defense. The Court ultimately …

Study Of Library Automation And Computing Skills Of Library Professionals In Goa, Prayangi V. Matonkar, Munesh Kumar

Library Philosophy and Practice (e-journal)

Computers have become an essential part of our daily lives. With computers' help, one can perform various tasks related to analysing, computing, and publishing tasks more efficiently. Software and computing software programs support library services in dealing with the users' needs and demands for knowledge. With the advent of advanced library software for automation and digital preservation of knowledge, libraries worldwide have transformed the services from manual to automated. There are various software and solutions available for reading and reference. This research work tries to various collect data and insights on automation, library professionals' skills in handling the computer technologies, …

Google V. Oracle Amicus Merits Stage Brief: Vindicating Ip’S Channeling Principle And Restoring Jurisdictional Balance To Software Copyright Protection, Peter Menell, David Nimmer, Shyamkrishna Balganesh

All Faculty Scholarship

The Federal Circuit’s decisions in Oracle v. Google conflict with this Court’s seminal decision in Baker v. Selden, 101 U.S. 99 (1879), misinterpret Congress’s codification of this Court’s fundamental channeling principle and related limiting doctrines, and upend nearly three decades of sound, well-settled, and critically important decisions of multiple regional circuits on the scope of copyright protection for computer software. Based on the fundamental channeling principle enunciated in Baker v. Selden, as reflected in § 102(b) of the Copyright Act, the functional requirements of APIs for computer systems and devices, like the internal workings of other machines, are …

Beyond Constant Comparison Qualitative Data Analysis: Using Nvivo, Nancy L. Leech, Anthony J. Onwuegbuzie

Nancy Leech

The purposes of this paper are to outline seven types of qualitative data analysis techniques, to present step-by-step guidance for conducting these analyses via a computer-assisted qualitative data analysis software program (i.e., NVivo9), and to present screenshots of the data analysis process. Specifically, the following seven analyses are presented: constant comparison analysis, classical content analysis, keyword-in-context, word count, domain analysis, taxonomic analysis, and componential analysis. It is our hope that providing a clear step-by-step process for conducting these analyses with NVivo9 will assist school psychology researchers in increasing the rigor of their qualitative data analysis procedures. (Contains 9 figures and …

Problem-Based Learning And Self-Efficacy: How A Capstone Course Prepares Students For A Profession, Joanna C. Dunlap

Joanna Dunlap

Problem-based learning (PBL) is apprenticeship for real-life problem solving, helping students acquire the knowledge and skills required in the workplace. Although the acquisition of knowledge and skills makes it possible for performance to occur, without self-efficacy the performance may not even be attempted. I examined how student self-efficacy, as it relates to being software development professionals, changed while involved in a PBL environment. Thirty-one undergraduate university computer science students completed a 16-week capstone course in software engineering during their final semester prior to graduation. Specific instructional strategies used in PBL--namely the use of authentic problems of practice, collaboration, and reflection--are …

The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell

Peter Menell

No abstract provided.

Tailoring Legal Protection For Computer Software, Peter S. Menell

Peter Menell

No abstract provided.

Understanding The Implications Of Selling Rights In Software To The Defense Department: A Journey Through The Regulatory Maze, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Three Reactions To Mgm V. Grokster, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Using Software-Based Decision Procedures To Control Instruction-Level Execution, William B. Kimball

AFIT Patents

An apparatus, method and program product are provided for securing a computer system. A digital signature of an application is checked, which is loaded into a memory of the computer system configured to contain memory pages. In response to finding a valid digital signature, memory pages containing instructions of the application are set as executable and memory pages other than those containing instructions of the application are set as non-executable. Instructions in executable memory pages are executed. Instructions in non-executable memory pages are prevented from being executed. A page fault is generated in response to an attempt to execute an …

A Hybrid Recommendation System Based On Association Rules, Ahmed Alsalama

Masters Theses & Specialist Projects

Recommendation systems are widely used in e-commerce applications. The
engine of a current recommendation system recommends items to a particular user based on user preferences and previous high ratings. Various recommendation schemes such as collaborative filtering and content-based approaches are used to build a recommendation system. Most of current recommendation systems were developed to fit a certain domain such as books, articles, and movies. We propose a hybrid framework recommendation system to be applied on two dimensional spaces (User × Item) with a large number of users and a small number of items. Moreover, our proposed framework makes use of …

Ikriya: Simulating Software Quality Enhancement With Selected Replacement Policies, Sindhu Dharani Murthy

Masters Theses & Specialist Projects

The quality of information systems in any organization helps to determine the
efficiency of the organization. Many organizations maintain a custom software portfolio, whose quality is important to the organization. Management would like to optimize the portfolio’s quality. Decisions about software replacement or enhancement are made based on organizational needs and priorities. The development resources allocated help in determining the quality of new software, and should be put to optimal use. Enhancing existing software might sound cheap and easy but it is not always efficient. This thesis proposes a simulation model - iKriya - for this problem. It explores the …

Determining The Optimal Values Of Exponential Smoothing Constants--Does Solver Really Work?, Handanhal Ravinder

Department of Management Faculty Scholarship and Creative Works

A key issue in exponential smoothing is the choice of the values of the smoothing constants used. One approach that is becoming increasingly popular in introductory management science and operations management textbooks is the use of Solver, an Excel-based non-linear optimizer, to identify values of the smoothing constants that minimize a measure of forecast error like Mean Absolute Deviation (MAD) or Mean Squared Error (MSE). We point out some difficulties with this approach and suggest an easy fix. We examine the impact of initial forecasts on the smoothing constants and the idea of optimizing the initial forecast along with the …

A Framework For Automated Enrichment Of Functionally Significant Inverted Repeats In Whole Genomes, Cyriac Kandoth, Fikret ErçAl, Ronald L. Frank

Computer Science Faculty Research & Creative Works

Background: RNA transcripts from genomic sequences showing dyad symmetry typically adopt hairpin-like, cloverleaf, or similar structures that act as recognition sites for proteins. Such structures often are the precursors of non-coding RNA (ncRNA) sequences like microRNA (miRNA) and small-interfering RNA (siRNA) that have recently garnered more functional significance than in the past. Genomic DNA contains hundreds of thousands of such inverted repeats (IRs) with varying degrees of symmetry. But by collecting statistically significant information from a known set of ncRNA, we can sort these IRs into those that are likely to be functional.

Results: A novel method was developed to …

The University Of Texas At Tyler Magazine (Fall 2007), University Of Texas At Tyler

UT Tyler Magazine

This issue of UT Tyler Magazine includes: President's Letter; Around Campus: Grants Awarded for Research in Biology, University Highlighted in PBS Documentary, Haas Represents UT Tyler, State in Nation's Capital, Ingenuity Center Leads the Way, Murphree Awarded for Book on Florida History, Delegation Attends National Model UN, Swanson Publishes Guide for Improving Work Performance, Caught in the Draft; Excellence in Teaching Chemistry, Dr. Neil Gray Receives Prestigious Minnie Stevens Piper Award, Taking Up the Torch of Leadership, Bryan Hughes in the Texas Legislature; Support for Tomorow's Leaders, UT Tyler Scholarship Honors Memory of Oilman Thomas W. Clay; Winning on Both …

Commercial Law In The Cracks Of Judicial Federalism, Donald J. Smythe

ExpressO

Almost seventy years after the Supreme Court sought to rationalize the American system of judicial federalism in Erie, sales law remains trapped in a pattern more reminiscent of the Swift v. Tyson era. The extraordinarily wide separation of powers in the NCCUSL-ALI uniform law-making process has entrenched Article 2 of the UCC in the status quo. Concurrently, an imbalance between the federal and state courts in the American system of judicial federalism has conferred an unusually wide range of discretion over state commercial law on the federal courts. Ironically, therefore, state sales statutes are being reinterpreted and revised by the …

Inventions On Menu Interfacing For Gui Applications, A Triz Based Analysis, Part-1, Umakant Mishra

Umakant Mishra

During last two decades, the computer menu system has been improved from a text based multiple choice to highly adaptive, self organized menu system. This has been possible by hundreds of inventions. This article analyses 15 patents on Menu System from a TRIZ perspective to find out their IFRs and Contradictions. Besides we will also see what Inventive Principles have been applied to achieve those solutions.

Digital Campaigning: Using The Bill Of Rights To Advance A Political Position, Kathy Swan, Mark J. Hofer

Articles

Educating students to understand overt, subtle, and erroneous claims made by partisan advertisers is no small feat. Often students are passive consumers who need to learn how to become critical listeners, viewers, readers, and producers of all types of media. Because of this, media literacy--the ability to access, analyze, evaluate, and produce communication in a variety of forms--is growing in importance in schools across the country. This article documents one exercise in which preservice teachers at two universities assigned a project of creating digital advertisements as a mechanism for understanding the Bill of Rights and partisan politics. Specifically, using Windows …

Efficiently Managing Security Concerns In Component Based System Design, Ammar Masood, Sahra Sedigh, Arif Ghafoor

Electrical and Computer Engineering Faculty Research & Creative Works

Component-based software development (CBSD) offers many advantages like reduced product time to market, reduced complexity and cost etc. Despite these advantages its wide scale utilization in developing security critical systems is currently hampered because of lack, of suitable design techniques to efficiently manage the complete system security concerns in the development process. The use of commercial of the shelf (COTS) components can introduce various security and reliability risks in the system. In this paper we propose a methodology for efficient management of all the system security concerns involved in the design of component based systems. Our methodology is based on …

Spare Line Borrowing Technique For Distributed Memory Cores In Soc, B. Jang, Minsu Choi, Nohpill Park, Vincenzo Piuri, Fabrizio Lombardi, Yong-Bin Kim

Electrical and Computer Engineering Faculty Research & Creative Works

In this paper, a new architecture of distributed embedded memory cores for SoC is proposed and an effective memory repair method by using the proposed Spare Line Borrowing (software-driven reconfiguration) technique is investigated. It is known that faulty cells in memory core show spatial locality, also known as fault clustering. This physical phenomenon tends to occur more often as deep submicron technology advances due to defects that span multiple circuit elements and sophisticated circuit design. The combination of new architecture & repair method proposed in this paper ensures fault tolerance enhancement in SoC, especially in case of fault clustering. This …

What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan

Marquette Intellectual Property Law Review

This comment discusses the facts of the Bunner case and the decisions of the Sixth District and the Supreme Court. The Bunner case involves Andrew Bunner and his act of putting a link on his Web page allowing visitors to access a Digitial Video Disc (DVD) descrambler program, which allowed a computer user to decrypt DVDs. The DVD Copy Control Association sought an injunction against Bunner under the California Uniform Trade Secrets Act (UTSA). The author analyzes the historical protection given free speech and trade secrets under California law. Looking at the Bunner case in light of Pruneyard, the author …

Tailoring Patent Policy To Specific Industries, Dan L. Burk

Marquette Intellectual Property Law Review

Mr. Burk illustrates that federal courts have diverged along industry-specific paths when deciding patent cases. Burk highlights courts' disparate treatment of the biotechnology and computer software industries within the uniform patent statute. Due to industries' differing requirements for innovation and development, Professor Burk argues that the currently general patent statute and its incentive to innovate may be improved by tailoring it to specific industries. Burk creates a dialogue on what kinds of statutory schemes promote innovation. Citing the Supreme Court's statement in Diamond v. Chakrabarty that the patent statute is meant to cover anything under the sun made by man, …

Computer Integrated Endoscopic Simulator For Training In Esophagogastroduodenoscopy, Decho Surangsrirat

Open Access Dissertations

We propose a computer integrated endoscopic simulator for training in upper endoscopy as a low-cost alternative to the traditional training methods and virtual reality simulators. The use of a real endoscope in conjunction with our simulator and computer system in an actual operating room setup makes the training environment similar to a real procedure. Endoscopic surgery is the performance of surgery through a small incision with the aid of special medical equipment called a flexible endoscope. The advantage of this technique over open surgery is that there is significantly less operative trauma, resulting in less pain and a shorter recovery …

Source Code Escrow: An Exercise In Futility?, Jonathan L. Mezrich

Marquette Intellectual Property Law Review

Jonathan Mezrich argues that as businesses become more dependent upon computer software, they will also seek a means of protection for their investment in the software they purchase. Currently, a popular means of protection is through source code escrow. However, despite the current popularity of escrow accounts, Mr. Mezrich writes that these mechanisms may in fact not actually be necessary. He focuses on several key points that demonstrate this point including the life of the protected software, infrequency of escrow releases, and the move to open source applications. He also examines deficiencies of confidentiality, limited liability and indemnity as they …

West Virginia Story: Achievement Gains From A Statewide Comprehensive Instructional Technology Program, Dale Mann, Charol Shakeshaft, Jonathan D. Becker, Robert Kottkamp

Educational Leadership Publications

This report describes West Virginia's Basic Skills/Computer Education (BS/CE) program and connects its features to gains in student test scores that are practically and statistically significant. The program consists of three components: (1) software that focuses on the state's basic skills goals in reading, language arts, and mathematics; (2) enough computers in the schools so that all students will be able to have easy and regular access to the basic skills software; and (3) professional development for teachers in the use of the software and the use of computers in general. Data were collected from all fifth graders (n=950) in …

No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling

Marquette Intellectual Property Law Review

The Author examines the courts' reluctance to grant intellectual property protection to graphic user interfaces, the visual elements of computer software. Rolling suggests that software manufacturers should seek trade dress protection of graphic user interfaces.

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

Ta Da! - The Text Adventure Design Assistant A Visual Tool For The Development Of Adventure Games, Sean Molley

Masters Theses & Specialist Projects

In this paper, I survey past and present tools available to text adventure game authors, and then describe a new product: the Text Adventure Design Assistant (TA DA!), a visual programming system for creating text adventure games. My system consists of two parts: an abstract framework which defines an archetypical game, and a user interface which allows for the construction of games in a visual manner by manipulating the elements of the abstract game to produce a concrete design. The two most popular contemporary programming languages for creating text adventure games, TADS and Inform, are compared and contrasted, and my …

Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe

Marquette Intellectual Property Law Review

The author discusses the implications of the United States Court of Appeals for the Seventh Circuit's decision in ProCD, Inc. v. Zeindenberg. As Monroe explains, until this decision, the courts have been reluctant to uphold the legal consequences of shrinkwrap licenses. Monroe provides an analysis of the interplay between contract law and copyright law to provide a thorough understanding of this emerging trend in intellectual property.

An Expert System Approach To Emc Modeling, Todd H. Hubing, James L. Drewniak, Thomas Van Doren, Navin Kashyap

Electrical and Computer Engineering Faculty Research & Creative Works

Existing computer software for EMC analysis can be divided into three categories. Analytical modeling codes employ closed form expressions to solve problems of general interest to EMC engineers or circuit designers. Numerical modeling codes use numerical techniques to solve Maxwell's equations subject to specific boundary conditions. EMC rule checkers search a design for features that violate basic EMC design guidelines. This paper outlines the relative advantages and limitations of each of these three approaches and describes an expert system EMC modeling approach. The new approach combines analytical models, numerical models, and EMC rule-checking in order to evaluate designs in much …