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Full-Text Articles in Law
Contributory Negligence, Technology, And Trade Secrets, Elizabeth A. Rowe
Contributory Negligence, Technology, And Trade Secrets, Elizabeth A. Rowe
Elizabeth A Rowe
In tort law, the doctrine of contributory negligence captures conduct by the plaintiff which falls below the standard to which he should conform for his own protection. Whether one has been contributorily negligent is determined by an objective standard of reasonableness under the circumstances. This Article, for the first time, applies these contributory negligence principles to trade secret law. It draws upon this doctrine to frame and analyze a problem posed by modern technology. The very technological tools in use today that increase the efficiency with which companies do business create challenges for trade secret protection. They make trade secrets …
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
UF Law Faculty Publications
This foreword to the first issue of 2009 for the Journal of Technology Law and Policy discusses the questions presented by the merger of technology and intellectual property and considers how best the two areas should co-exist.
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Barnett Lidsky
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This Article examines the evolution of the law governing libel suits against anonymous "John Doe" defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire, and other nonfactual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …