Law Commons^™

Digital Signature Law Of The United Nations, European Union, United Kingdom And United States: Promotion Of Growth In E-Commerce With Enhanced Security, Stephen E. Blythe

Richmond Journal of Law & Technology

Digital signatures enhance the ability of contracting parties to authenticate electronic communication. Sophisticated encryption and decryption technology is used to verify the identity of the other party to the electronic transaction. Digital signature law, necessary for adjudication of disputes between parties in e-commerce, is still in its infancy. This article covers basic digital signature law of the United Nations, the European Union, the United Kingdom, and the United States.

The United Nations’ Model Law of Electronic Commerce of 1996 (“MLEC”) had many implications. The MLEC approved the utilization of electronic signatures, stated that electronic signatures would have the same legal …

A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. V. Trinko, James E. Scheuermann, William D. Semins

Richmond Journal of Law & Technology

It is a commonplace to speak of the application of law to facts. Application is a practical art, and thus involves method. Curiously, there is a paucity of discussion of the various methods by which substantive legal standards are applied to facts. This omission is significant. Method is not outcome-determinative in all cases, but, at a minimum, it guides analysis, opening certain possibilities and foreclosing others.

Patenting The Minotaur, Bratislav Stanković

Richmond Journal of Law & Technology

Half man, half bull, the Minotaur was the most fearsome monster in Greek mythology. Human torso and bull’s head, its horns were sharp as knives, its great hooves could kick the life out the strongest of heroes, and its food was human flesh. Yet under the surface, the Minotaur’s myth was sad; his insatiable existence originated in jealousy and lust.

Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements

Richmond Journal of Law & Technology

Few legal maxims have had greater resonance than the tenet that one is innocent until proven guilty. It is a principle that has been traced back to Roman times, and it entered the American legal lexicon through the United States Supreme Court decision Coffin v. United States. It has even been incorporated in the United Nations’1948 Declaration of Human Rights under article eleven, section one.4

The Domination Of The English Language In The Global Village: Efforts To Further Develop The Internet By Populating It With Non-Latin-Based Languages, Molly Torsen

Richmond Journal of Law & Technology

At the top of the homepage of the Internet Corporation for Assigned Names and Numbers (ICANN) is a choice of nine different languages in which to read information about the organization; four of them are languages written in non-Latin script (Arabic, Chinese, Japanese and Russian). Clicking upon any of the language options brings the reader to a new website in that language and, presuming the reader has a computer and screen that can handle non-Latin script, the webpage reads legibly and clearly. The Uniform Resource Locator (URL), however, still reads in Latin script despite the webpage’s content being in a …

Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco

Richmond Journal of Law & Technology

The question of whether software programs embodying patented processes need to be marked in accordance with the marking requirement as set forth under 35 U.S.C. § 287 is an unanswered issue. This article first analyzes the marking requirement in the United States patent system and then goes on to survey the rocky history of patents on software innovations. After noting that neither the Supreme Court nor the Federal Circuit has directly decided the issue of the applicability of the Marking Statute to software programs, the article analyzes recent federal district court and Federal Circuit cases, ultimately reasoning that the Federal …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar

Richmond Journal of Law & Technology

I hope you enjoy the second issue of Volume XI of the Richmond Journal of Law & Technology. The Editorial Board and Staff worked diligently with four outstanding authors to prepare this issue. We are proud to present timely articles by two professors, a practitioner, and the winner of the Journal’s staff casenote competition.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

Welcome to the second issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. The Staff and Editorial Board of the Journal have spent considerable time preparing this issue for publication, endeavoring to continue the legal discourse on a range of topics. Volume 12, Issue 2 addresses four distinct areas of law.

State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell

Richmond Journal of Law & Technology

The Framers guarded against the future accumulation of monopoly power in booksellers and publishers by authorizing Congress to vest copyrights only in ‘Authors.

Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers

Richmond Journal of Law & Technology

Radio frequency identification (RFID) is a wireless technology that identifies objects without having either contact or sight of them. Unlike optically read technologies such bar codes, RFID tags can be read despite fog, ice, snow, paint or widely fluctuating temperatures. Additionally, RFID can identify moving objects. Data in an RFID tag is stored in an integrated circuit, and sent to the reader via an antenna. An RFID reader is essentially a radio frequency receiver controlled by a microprocessor or digital signal processor. The reader uses an attached antenna to capture the data transmitted from the tag and sends the information …

Designer Discounter Infringes Trademark And Goes Unpunished: A Look At Gucci America, Inc. V. Daffy’S, Inc. And The Lanham Act, Sarah Cone

Richmond Journal of Law & Technology

Regardless of the quality, a knockoff handbag is still a knockoff. It was on this premise that Gucci America, Inc. filed suit against Daffy’s, Inc. for selling counterfeit Gucci handbags. Gucci alleged that Daffy’s violated its trademark protection under the Lanham Act. In the lawsuit, Gucci asserted that it was concerned about the possible confusion of consumers who purchased counterfeit “Jackie-O” handbags, believing them to be genuine Gucci products. Neither the district court nor the circuit court allowed Gucci relief against Daffy’s. This note examines how that decision fits within the Lanham Act.

Automobile Accidents Associated With Cell Phone Use: Can Cell Phone Service Providers And Manufacturers Be Held Liable Under A Theory Of Negligence?, Jordan B. Michael

Richmond Journal of Law & Technology

Cell phone related car accidents have received a lot of attention in the press and academic journals over the past few years.1 Articles have discussed the impact of driving while using a hand-held or hands-free cell phone, and in some instances have identified liability on the part of employers. A number of cases have gone to the jury on employer liability based on respondeat superior, where the employer is held responsible for the actions of an employee acting within the scope of employment.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

It is my pleasure on behalf of the Staff and Editorial Board of the Richmond Journal of Law & Technology to introduce the first issue of the 2005-2006 academic year. The Journal is proud to present four articles dealing with a range of relevant topics.

When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz

Richmond Journal of Law & Technology

[T]he benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression.At the border of intellectual property monopolies and antitrust markets lies a field of dissonance yet to be harmonized by statute or the Supreme Court.

House Bill 2797 Committee Hearing: A Bill To Add Internet Technological Protection In Virginia Libraries, Douglas Henderson, Colby M. May, Rodney Smolla

Richmond Journal of Law & Technology

House Bill 2797 is a bill to amend the Code of Virginia relating to technology protection measures in libraries, and Mr. Douglas Henderson will be our first witness. Mr. Henderson, we will be pleased to hear from you.