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Articles 1 - 6 of 6
Full-Text Articles in Law
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Buffalo Intellectual Property Law Journal
Historically speaking, legal fiction assumes that identity and the credentials proving identity are one and the same. It is an important fiction that allows us to access information associated with our identity and restrict others from doing the same. Crimes of identity theft are commonly manifested through the usurpation of one's credentials to falsely verify identity. Legal doctrine such as agency theory makes the assumption that identity and credentials are only transferrable together. Technology, especially the Internet, alters this fiction by allowing the creation of multiple credentials that enable access to multiple identities manifested throughout the world. The one-to-one relationship …
Traditional Cultural Expressions And The U.S. Constitution, Alexander Bussey
Traditional Cultural Expressions And The U.S. Constitution, Alexander Bussey
Buffalo Intellectual Property Law Journal
No abstract provided.
Inequitable Conduct And Supplemental Examination: Promise, Procedure, And Particulars, Amanda K. Murphy, Jonathan R. K. Stroud
Inequitable Conduct And Supplemental Examination: Promise, Procedure, And Particulars, Amanda K. Murphy, Jonathan R. K. Stroud
Buffalo Intellectual Property Law Journal
The America Invents Act, signed into law on September 16, 2011, ushered in an array of patent reforms. One overlooked procedure, Supplemental Examination, seeks to purge putative instances of inequitable conduct prior to litigation by allowing patent owners to submit prior art and short statements to the USPTO after patent issuance. Few parties have used it. We analyze the law of inequitable conduct, explain the Supplemental Examination procedure, and discuss potential reasons for its lack of popularity among patent owners.
The Property Attributes Of Copyright, Pascale Chapdelaine
The Property Attributes Of Copyright, Pascale Chapdelaine
Buffalo Intellectual Property Law Journal
No abstract provided.
Curing Cablevision: Prescribing A Functional Solution To A Technical Astigmatism, Adam Adler
Curing Cablevision: Prescribing A Functional Solution To A Technical Astigmatism, Adam Adler
Buffalo Intellectual Property Law Journal
In a string of recent copyright cases, judges have increasingly adopted a technical approach to copyright law. Rather than evaluating contested technologies based on how the technologies are used, courts have focused their analysis on technical details of implementation. As a consequence, courts have constructed rules that limit technologies not in what they do, but how they do it. In this Article, I argue that courts should evaluate technologies based on functional considerations. I argue that this functional approach is constitutionally, statutorily, and practically preferable to a technical approach. Finally, I show that a functional approach would lead to decisions …
Intellectual Property’S Lessons For Information Privacy, Mark Bartholomew
Intellectual Property’S Lessons For Information Privacy, Mark Bartholomew
Journal Articles
There is an inherent tension between an individual’s desire to safeguard her personal information and the expressive rights of businesses seeking to communicate that information to others. This tension has multiplied as consumers generate and businesses collect more and more personal data online, forcing efforts to strike an appropriate balance between privacy and commercial speech. No consensus on this balance has been reached. Some privacy scholars bemoan what they see as a slanted playing field in favor of those wishing to profit from the private details of other people’s lives. Others contend that the right in free expression must always …