Computer Law Commons^™

Smart Agenting, Barry Diller

Federal Communications Law Journal

No abstract provided.

Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson

All Faculty Scholarship

This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.

Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola

Washington Law Review

In MAI Systems Corp. v. Peak Computer, Inc. the Ninth Circuit Court of Appeals held that Peak committed copyright infringement by running MAI operating system software incidental to Peak's repair of the computer system. The court rejected Peak's section 117 defense under the Copyright Act because it refused to recognize a licensee of computer software as an "owner" of a copy of software. This Note argues that the decision contravenes both the substance and principles of federal copyright law, and unnecessarily harms computer owners. It suggests a two-tiered analysis that courts should follow when evaluating copyright infringement claims involving software …

Global Information Policymaking And Domestic Law, Fred H. Cate

Indiana Journal of Global Legal Studies

No abstract provided.

The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont

UIC John Marshall Journal of Information Technology & Privacy Law

The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …

The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow

UIC John Marshall Journal of Information Technology & Privacy Law

The electronic community is faced with a now classic dilemma: the tug-of-war between the desire for a free flow of information and the need for privacy. The problem can be recast as the pull between freedom of access in one direction, and, in the other direction, the right of self-determination and control over the dissemination of information. Often, the same individuals and organizations are vociferously in favor of both interests. The interests at stake are, respectively, those of the community versus those of the individual. The conflict is the traditional juxtaposition, which raises the traditional issue of rights, responsibilities and …

Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason

UIC John Marshall Journal of Information Technology & Privacy Law

This casenote discusses the recent settlement between IBM and Comdisco where IBM sued Comdisco and three other independent brokers to restrict the leasing of modified IBM equipment. Specifically, IBM argued that the reconfiguring of its IBM 3090 by the defendants violated IBM’s trademark rights. The note discusses how IBM denied the authenticity of the modified IBM 3090’s. The author argues that the sale or lease of trademarked products, which have been altered but which are so identified cannot, as a matter of law, violate trademark rights. The author further states that by allowing manufacturers to disavow their own products is …

Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein

UIC John Marshall Journal of Information Technology & Privacy Law

Computer animation is the newest tool to turn up in courtrooms around the country in the area of demonstrative evidence. These animations create a virtual reality that lawyers can use to demonstrate objects, situations, or acts to juries -- objects, situations, and acts that would otherwise be difficult for a group of people to completely appreciate or understand through more traditional evidnetiary means. Recent technological advancements mean that this three-dimensional virtual reality can make quite an impact on a jury or judge, without making too great an impact on client's budgets. Computer animation and the various types of virtual reality …

Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon

UIC John Marshall Journal of Information Technology & Privacy Law

In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …

Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick

UIC John Marshall Journal of Information Technology & Privacy Law

The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …

§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine

UIC John Marshall Journal of Information Technology & Privacy Law

Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …

The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey

UIC John Marshall Journal of Information Technology & Privacy Law

For many years, the American health care system has been plagued by dependence on a cumbersome paper-based recording system that adds to the astronomical cost of health care in the U. S. In 1994, President Clinton proposed a national health care plan, the American Health Security Act, that would ensure comprehensive health care insurance to all Americans regardless of health or employment status. The proposed system depends on a centralized computer system that offers streamlined access to health care information, which must be accessible anywhere the patient goes. Although the proposed system would offer greater efficiency and consistency in the …

Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

Electronic Data Interchange (EDI), computer-to-computer communication, allows rapid exchange of information and is capable of dramatically increasing commercial efficiency. Faster than mail, personal meetings and communication via telephone, EDI will include recordkeeping, communication between governments, retail use and healthcare streamlining. EDI may pose future evidentiary problems including proving the source and content of the message. Numerous techniques may offer greater reliability of authentication of electronic messages by creating an audit trail when EDI is used. Using EDI for commercial transactions involving the sale of goods raises questions of contract law and the Uniform Commercial Code regarding the statute of frauds …

Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch

UIC John Marshall Journal of Information Technology & Privacy Law

The Natural Language Expert System Builder (NLESB) assists attorneys in producing intelligent, precise and clear legal documents. This system allows the user to link from one rule to another, which helps the attorney to find differently stated propositions that mean the same thing. In addition, the NLESB serves as a check to verify that the law within the document is in good form. The system promotes consistency by bringing similarities to the attorney's attention, it increases the clarity and precision of an argument within a legal document, and it eliminates passive voice and places the emphasis on the object of …

United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke

UIC John Marshall Journal of Information Technology & Privacy Law

The United States government's innovative use of thermal imaging technology to battle against cultivation and trafficking of marijuana is the center of debate. In United States v. Deaner, the District Court of Pennsylvania and Maryland erred in ruling that the United States government's use of thermal imaging technology in detecting the presence of marijuana and cultivation materials in the home of Tab Deaner was proper and did not violate Deaner's Fourth Amendment right to privacy. The Court affirmed Deaner's constitutional right to a subjective expectation of privacy with respect to heat emanating from his home. The Court compared the facts …

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee

UIC Law Review

No abstract provided.

Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller

UIC Law Review

No abstract provided.

Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

Four Reasons And A Paradox: The Manifest Superiority Of Copyright Over Sui Generis Protection Of Computer Software, Jane C. Ginsburg

Faculty Scholarship

The "Manifesto Concerning the Legal Protection of Computer Programs" offers an extensive and challenging critique of current intellectual property protection of software. The authors argue strongly that the law should focus on the value of the know-how embodied in programs and the importance of protecting it, rather than on the particular means which might be used to appropriate it. The authors seek to compel reconceptualization of the place of computer programs, and of software authors' creativity, within the domain of intellectual property. However, their brief for change manifests several flaws. Paradoxically, it comes at once both too soon and too …

A Contractual Approach To Data Privacy, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Legitimizing Decompilation Of Computer Software Under Copyright Law: A Square Peg In Search Of A Square Hole, 28 J. Marshall L. Rev. 105 (1994), Allan M. Soobert

UIC Law Review

No abstract provided.

The Copyrightability Of Nonliteral Elements Of Computer Programs, Julian Velasco

Journal Articles

The goal of copyright law is "[t]o promote the Progress of Science and Useful Arts." It is premised on the assumption that "encourag[ing] . . . individual effort by personal gain is the best way to advance public welfare through the talents of authors . . ." In order to "promote progress," however, copyright law must respond to changes in technology.

One issue that has been problematic for the courts is whether and to what extent the nonliteral elements of computer programs are copyrightable. Nonliteral elements are aspects of the computer program other than the written code itself. Although it …