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2003

Science and Technology Law

Yale Journal of Law and Technology

Articles 1 - 4 of 4

Full-Text Articles in Law

Copyright' S Digital Reformulation, Brodi Kemp Jan 2003

Copyright' S Digital Reformulation, Brodi Kemp

Yale Journal of Law and Technology

Digital technologies permit the wide distribution of perfect copies at virtually no marginal cost. Evidently this poses a problem for content providers: how could they make money if their product is freely available after its first sale? As we all know, reframing the copyright laws has become the answer. Notably, these revisions were an integrated international policy campaign, not distinct national fights. The newly extended control, based on legally reinforced digital "containers" and trade law, arguably permits those who sell content effectively to "enclose" the public domain, to insulate their business models, and to define technological development. In this article ...


Lessons From The United States Trade Policies To Convert A "Pirate": The Case Of Pharmaceutical Patents In Argentina., Hernan L. Bentolila Jan 2003

Lessons From The United States Trade Policies To Convert A "Pirate": The Case Of Pharmaceutical Patents In Argentina., Hernan L. Bentolila

Yale Journal of Law and Technology

This analysis describes the radical transformations in pharmaceutical intellectual property protection in Argentina during the 1990s. Most importantly, it highlights the consequences of the use by the United States of unilateral trade weapons to pressure Argentina to adopt certain standards in this field. The enforcement or threatened enforcement of Section 301 of the US Trade Act, along with GSP restrictions, have proven to be controversial tools in protecting US interests abroad, as is demonstrated by the Argentine case. Some positive results were achieved for United States' interests but the United States created at the same time negative implications by pressuringf ...


"Mine Your Own Business!": Making The Case For The Implications Of The Data Mining Of Personal Information In The Forum Of Public Opinion, Tal Z. Zarsky Jan 2003

"Mine Your Own Business!": Making The Case For The Implications Of The Data Mining Of Personal Information In The Forum Of Public Opinion, Tal Z. Zarsky

Yale Journal of Law and Technology

Today's world of constant surveillance and data collection allows for the gathering of vast amounts of personal information. In this reality, sophistication in the analysis of information is key. Data mining is probably the information collectors' only hope to close the sophistication gap, yet the use of advanced means of analysis is certain to impact individuals and society in various ways. This Article addresses the use of data mining applications in analyzing personal information and its impact upon society. It begins with a description of current data mining practices from a technical point of view, a perspective often overlooked ...


Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael A. Mccann Jan 2003

Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael A. Mccann

Yale Journal of Law and Technology

This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Indeed, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a toolfor improving the quality of health care as ...