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Europe: Open Market… Open Source?, Heather Forrest
Europe: Open Market… Open Source?, Heather Forrest
Duke Law & Technology Review
The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry for individual programmers and small and medium enterprises -- as it must be within the framework of the European Treaty -- then the European Commission should not be expanding intellectual property rights in technology goods, which, by their very nature, will lose value to the public long before their monopoly rights expire. Rather, the Commission should look to the open source movement and …
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Duke Law & Technology Review
This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper's main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely …
From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith
From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith
Duke Law & Technology Review
The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA's and Motion Picture Association of America's (MPAA) legal efforts against Kazaa, a foreign-based …