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Full-Text Articles in Law
Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan
Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan
All Faculty Scholarship
Unauthorized access to online information costs billions of dollars per year. Software vulnerabilities are a key. Software currently contains an unacceptable number of vulnerabilities. The standard solution notes that the typical software business strategy is to keep costs down and be the first to market even if that means the software has significant vulnerabilities. Many endorse the following remedy: make software developers liable for negligent or defective design. This remedy is unworkable. We offer an alternative based on an appeal to product-risk norms. Product-risk norms are social norms that govern the sale of products. A key feature of such norms …
Defending Disclosure In Software Licensing, Robert A. Hillman, Maureen O'Rourke
Defending Disclosure In Software Licensing, Robert A. Hillman, Maureen O'Rourke
Cornell Law Faculty Publications
This Article surveys prominent kinds of disclosures in contract law-of facts, contract terms, and performance intentions. We show why the disclosure tool, although subject to substantial criticism, promotes important social values and goals, including efficiency, autonomy, corrective justice, fairness, and the legitimacy of the contract process. Further, proposals to replace disclosure with other alternatives are unrealistic because they are too expensive or complex. Our working example is the American Law Institute's Principles of the Law of Software Contracts.
Make Your Life Easier: Free Online Productivity Tools And Resources, Kincaid C. Brown
Make Your Life Easier: Free Online Productivity Tools And Resources, Kincaid C. Brown
Law Librarian Scholarship
CiteGenie works primarily for caselaw and Internet resource research but is experimenting with the ability to add citations for statutes and regulations. CiteGenie provides a number of formatting options and allows you to choose citation rules for a particular state, use parallel citations, remove star-pagination marks from quoted texts, and personalize abbreviations. This tool is easy to use; when researching in Firefox, select CiteGenie from the right-click menu and a pop-up displays the copied text and citation to be pasted.
The Ali's Principles Of Software Contracting: Some Comments & Clarifications, Maureen A. O'Rourke
The Ali's Principles Of Software Contracting: Some Comments & Clarifications, Maureen A. O'Rourke
Faculty Scholarship
When I joined Boston University School of Law's faculty in 1993, there seemed to be general agreement among practitioners and academics alike that the time was ripe for some sort of uniform law to address transactions involving software. The debate was over the form that law should take rather than whether it should exist at all. More specifically, interested parties were discussing an important structural question-whether software contracts might best be dealt with in the Uniform Commercial Code (UCC) under a "hub and spoke" approach or as a standalone Article. Eventually, drafters focused on a standalone Article, and the National …
Life After Bilski, Mark A. Lemley, Michael Risch, Ted Sichelman, R. Polk Wagner
Life After Bilski, Mark A. Lemley, Michael Risch, Ted Sichelman, R. Polk Wagner
All Faculty Scholarship
In Bilski v. Kappos, the Supreme Court declined calls to categorically exclude business methods—or any technology—from the patent law. It also rejected as the sole test of subject matter eligibility the Federal Circuit’s deeply-flawed machine-or-transformation test, under which no process is patentable unless it is tied to a particular machine or transforms an article to another state or thing. Subsequent developments threaten to undo that holding, however. Relying on the Court’s description of the Federal Circuit test as a “useful and important clue,” the U.S. Patent and Trademark Office, patent litigants, and district courts have all continued to rely on …