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2001

University of Richmond

Antitrust and Trade Regulation

Articles 1 - 11 of 11

Full-Text Articles in Law

Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley Jan 2001

Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley

Richmond Journal of Law & Technology

I'm Terry Riley from the Hampton Roads Technology Council, and technology councils represent business. But predominantly we represent small business, and predominantly we represent users of software, not developers and sellers of software. In the case of my own technology council down [in the] southeastern part of the state, 85 percent of our members have 25 or fewer employees. Less than 5 percent of our members are developers, sellers, or licensors of software. So to a very substantial extent my views and my representations of the interests of my membership have to do with their concerns or their rights as …

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The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner Jan 2001

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner

Richmond Journal of Law & Technology

Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …

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Ucita And The Virginia General Assembly, Joe T. May Jan 2001

Ucita And The Virginia General Assembly, Joe T. May

Richmond Journal of Law & Technology

The outline for Joe T. May's speech.

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Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland Jan 2001

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland

University of Richmond Law Review

This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …

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Remarks On The Background And Development Of Ucita, Joe T. May Jan 2001

Remarks On The Background And Development Of Ucita, Joe T. May

Richmond Journal of Law & Technology

I'm Delegate Joe May, and I represent the 33rd House of Delegates District which is far Northern Virginia. I should tell you before we start I'm not an attorney by profession. I'm an electrical engineer with grease under the fingernails to prove it. In fact, I own an electronic manufacturing and engineering firm. And to paraphrase Polonius, I am neither a borrower nor lender of software. I do purchase some, we do sell some. So hopefully my perspective is a little more balanced than it might first appear. I'm going to talk today about the chronology of events that led …

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Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller Jan 2001

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Richmond Journal of Law & Technology

In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, SilverPlatter, Lotus, Novell, and Microsoft), wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives wrote that they supported UCITA because "it is true to three commercial principles: commerce should be free to flourish in the electronic age; rules should support use of new (in this case electronic) technologies; marketplace forces should determine the form of …

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Remarks On Ucita In Practice: Attorney Views, Richard Grier Jan 2001

Remarks On Ucita In Practice: Attorney Views, Richard Grier

Richmond Journal of Law & Technology

I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though, is that I want to …

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Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert Jan 2001

Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert

Richmond Journal of Law & Technology

The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state …

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My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins Jan 2001

My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins

Richmond Journal of Law & Technology

Online auctions for goods are currently a popular and lucrative form of e-commerce, but present special problems of trust and fraud prevention, because most deals involve buyers and sellers who do not know each other and are separated by distance. Online auctions for goods have been largely unregulated by formal laws. For that reason, trust-building and fraud prevention have primarily been accomplished through creative private regulatory models implemented by the auction houses themselves. This Comment examines one popular model, a registration and feedback system pioneered by the leading online auction company, eBay. Under this system, a user builds a public …

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Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel Jan 2001

Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel

Richmond Journal of Law & Technology

Well, UCITA has been in effect since October 1, 2000, and I am here today telling you about it in Maryland. Maryland adopted it after Virginia, but [Virginia] has a delayed effective date. The law has been effective, and in fact we are busy fixing it or changing it at this moment in the Maryland legislature. We had the privilege to work for a coalition of software companies lobbying this legislation through the Maryland legislature. We were assisted just a little bit by the Governor and the Speaker of the House. So we've been working with the law probably longer …

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University Of Richmond Law Review Jan 2001

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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