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Articles 31 - 60 of 62
Full-Text Articles in Computer Law
1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 16 J. Marshall J. Computer & Info. L. 743 (1998), Michelle Regal Herrmann, Jennifer L. Johnson, Candace A. Ourso
1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 16 J. Marshall J. Computer & Info. L. 743 (1998), Michelle Regal Herrmann, Jennifer L. Johnson, Candace A. Ourso
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Eggs In Baskets: Distributing The Risks Of Electronic Signatures, 15 J. Marshall J. Computer & Info. L. 189 (1997), Benjamin Wright
Eggs In Baskets: Distributing The Risks Of Electronic Signatures, 15 J. Marshall J. Computer & Info. L. 189 (1997), Benjamin Wright
UIC John Marshall Journal of Information Technology & Privacy Law
Many risks are prevalent with the traditional signing of a paper document. The most notable is forgery. Under current law, the burden of proving the authenticity of a signature is on the recipient, not the signer. This burden motivates the recipient to be responsible. For instance, when accepting a signature, the recipient may wish to elicit further evidence of genuineness and request the signer to acknowledge his or her signature before a notary public. Considering the many risks associated with the authentication of paper documents, the authentication of electronic documents and signatures will not be different. Strategies have been developed …
Right On The Mark: Defining The Nexus Between Trademarks And Internet Domain Names, 15 J. Marshall J. Computer & Info. L. 277 (1997), G. Peter Albert Jr.
Right On The Mark: Defining The Nexus Between Trademarks And Internet Domain Names, 15 J. Marshall J. Computer & Info. L. 277 (1997), G. Peter Albert Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet is a rapidly expanding global network. The Internet provides a virtual marketplace in which many small companies are given the opportunity to have increased leverage to compete with their larger corporate counterparts. Businesses are establishing their presence on the Internet through the creation of a domain name. The domain name is an alphanumeric address that identifies a specific location on the Internet. Each domain name reflects a distinct address that distinguishes it from any other. Similarly, qualification of a word or symbol as a trademark must include the following three elements: (1) "function" to identify and distinguish the …
Use Tax Collection On Internet Purchases: Should The Mail Order Industry Serve As A Model, 15 J. Marshall J. Computer & Info. L. 203 (1997), Steven J. Forte
Use Tax Collection On Internet Purchases: Should The Mail Order Industry Serve As A Model, 15 J. Marshall J. Computer & Info. L. 203 (1997), Steven J. Forte
UIC John Marshall Journal of Information Technology & Privacy Law
Federal intervention is necessary to grant states the authority to collect state sales and use tax from Internet vendors who sell goods within their boundaries but reside elsewhere. With such federal intervention, local retailers, who must charge state use and sales tax to their customers, can compete more fairly with Internet vendors. In addition, state governments can access a large and growing revenue source. Under the Commerce Clause of the United States Constitution, a vendor must have a physical presence on a state before a state can require the vendor to collect and remit sales and use tax. In addition, …
Foreword: The Cyberspace Scramble: Domain Names, 15 J. Marshall J. Computer & Info. L. 411 (1997), Stephen E. Marshall
Foreword: The Cyberspace Scramble: Domain Names, 15 J. Marshall J. Computer & Info. L. 411 (1997), Stephen E. Marshall
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
UIC John Marshall Journal of Information Technology & Privacy Law
Two major doctrines exist for choosing which state's law applies to an interstate tort: the "lex loci deliciti" (the law of the place of the wrong) approach and the "most significant relationship" approach. In the context of the Internet, the "lex loci deliciti" approach has been criticized for its harshness. For example, it is possible for an e-mail posting to be non-actionable where written, but actionable where read. Likewise, the "most significant relationship" approach has been criticized for its indeterminacy and lack of predictability because the outcome as to the extent of liability for a publication tort on the Internet …
A Request To The High Court: Don't Let The Patent Laws Be Distracted By A Flashy Trade Dress, 15 J. Marshall J. Computer & Info. L. 323 (1997), Manotti L. Jenkins
A Request To The High Court: Don't Let The Patent Laws Be Distracted By A Flashy Trade Dress, 15 J. Marshall J. Computer & Info. L. 323 (1997), Manotti L. Jenkins
UIC John Marshall Journal of Information Technology & Privacy Law
The United States Court of Appeals for the Tenth Circuit, in Vornado Air Circulation Systems Inc. v. Duracraft Corp., held in the negative the issue of "whether a product configuration is entitled to trade dress protection when it is or has been a significant inventive component of an invention covered by a utility patent." The court viewed the case involved as an issue of the "intersection of the Patent Act and the Lanham Trade-Mark Act," and reasoned that "patent policy dictates" that the Patent Act should prevail in these situations. The United States Supreme Court denied certiorari upon appeal by …
Using The Dna Profile As The Unique Patient Identifier In The Community Health Information Network: Legal Implications, 15 J. Marshall J. Computer & Info. L. 227 (1997), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
One of the greatest obstacles to electronic medical record keeping is the absence of a unique patient identifier. With the sharing of patient's information, an increased risk of error exists. Among these risks are the transmission of the wrong patient's records and security of confidential patient information. Implementation of a uniform patient identifier will eliminate the obstacle to cooperation and information-sharing of health data. This article proposes the application of a unique protocol, which utilizes DNA fingerprints as a patient's personal identifier. Since each individual's DNA profile is distinctly different, the fingerprint would act as the patient's personal bar code, …
Blackhole In Cyberspace: The Legal Void In The Internet, 15 J. Marshall J. Computer & Info. L. 413 (1997), Alexander Gigante
Blackhole In Cyberspace: The Legal Void In The Internet, 15 J. Marshall J. Computer & Info. L. 413 (1997), Alexander Gigante
UIC John Marshall Journal of Information Technology & Privacy Law
Most people surf the Internet with little concern for who makes decisions regarding Internet administrative matters and who has the authority to make those decisions. Initially, as the Internet evolved out of a project sponsored by the U.S. Department of Defense in 1969, many "founder groups," such as the Internet Assigned Numbers Authority, formed under the auspices of the federal government to administer the network's development. While these groups continue to function today as the main decision-making bodies over all aspects of the Internet's governance, several newer organizations, such as the Internet Society, have taken an important role in the …
Keeping Business Out Of The Bedroom: Protecting Personal Privacy Interests From The Retail World, 15 J. Marshall J. Computer & Info. L. 391 (1997), David J. Klein
UIC John Marshall Journal of Information Technology & Privacy Law
The federal government as well as private companies maintain personality profile lists containing records of personal information touching on many aspects of an individual's life. Some companies seek to acquire these lists from the federal government or from other businesses in order to increase their profits by targeting those individuals within the lists who appear most likely to buy their products or services. Therefore, personal information that consumers initially disclosed to a business in confidence becomes public knowledge shared among other businesses. As a result, consumers feel that the list creator invaded their privacy. Frustrated consumers attempt to keep such …
A Primer On Trademark Law And Internet Addresses, 15 J. Marshall J. Computer & Info. L. 465 (1997), David J. Loundy
A Primer On Trademark Law And Internet Addresses, 15 J. Marshall J. Computer & Info. L. 465 (1997), David J. Loundy
UIC John Marshall Journal of Information Technology & Privacy Law
The conflicts arising over Internet addresses generally fall within four categories: trademarks as second-level domains; second-level domains that are similar to trademarks; trademarks as third-level domain/machine names; and trademarks as userIDs. When confronted with the four categories, a court will generally analyze the problem by looking at the likelihood of confusion, applying the dilution statutes, and determining if the trademark has been blurred or tarnished. The likelihood of confusion analysis looks at: the degree of similarity between the marks in appearance and suggestion; the similarity of the product or services; the area and manner of concurrent use; the degree of …
Orderly Expansion Of The International Top-Level Domains: Concurrent Trademark Users Need A Way Out Of The Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997), David B. Nash
UIC John Marshall Journal of Information Technology & Privacy Law
Organizations that want to conduct business on the Internet have to register with Network Solutions, Inc. (NSI). The Internet was created as a network designed by the Defense Department to test a fail safe network. The National Science Foundation connects to the Internet five supercomputing centers, which connects most public colleges to the Internet. The World Wide Web was the first service that was opened to individuals and for commercial use. Commercial success on the Internet depends on the ease with which consumers can find the organization on-line. If the company has established good will in the public, the company …
Remedies In Domain Name Lawsuits: How Is A Domain Name Like A Cow?, 15 J. Marshall J. Computer & Info. L. 437 (1997), Carl Oppedahl
Remedies In Domain Name Lawsuits: How Is A Domain Name Like A Cow?, 15 J. Marshall J. Computer & Info. L. 437 (1997), Carl Oppedahl
UIC John Marshall Journal of Information Technology & Privacy Law
A court sitting in equity should take five factors into consideration when determining whether a domain name address should be transferred. First, the court must ask whether the trademark is coined, not in the dictionary and unique. It is important to note that famous does not mean unique. Uniqueness helps a court to simplify the issue by focusing the issue to whether only one company is entitled to the address. This question requires a party seeking a remedy to conduct a search of the entire Internet using search engines, on-line trademark databases, and company name searches. The court should only …
The Federal Government Giveth And Taketh Away: How Nsi's Domain Name Dispute Policy (Revision 02) Usurps A Domain Name Owner's Fifth Amendment Procedural Due Process, 15 J. Marshall J. Computer & Info. L. 547 (1997), Steven A. Mcauley
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet, which links millions of computer networks together worldwide for the purpose of automated communication, is the forefront of communications technology. An Internet domain name, which functions as a computer user's "address" on the Internet, not only identifies individuals and organizations, but is an important commercial source designator for businesses. The Internet Network Information Center ("InterNIC") is a central resource center for Internet users that operates the Internet Domain Name System ("DNS"). InterNIC, which comprises NSI and AT&T, performs various Internet services, including NSI's Internet domain name coordination and registration. Along with the positive effects that the Internet has …
An Island In The Net: Domain Naming And English Administrative Law, 15 J. Marshall J. Computer & Info. L. 493 (1997), Mark Gould
UIC John Marshall Journal of Information Technology & Privacy Law
The United Kingdom's system for assigning domain names is privately run and follows some Internet standard for assignments and revocations. However, there are some internal restrictions that reflect the policy of accommodating existing domains and avoiding DNS lock up, which might occur with badly configured domain name servers. Nominet does not easily fit into definitions of a private function since it does have some public characteristics. In addition, no British counterpart to the Internet Service OC exists. The policies followed by Nominet in allocating domain names reflects conventions established prior to its existence. These policies do not appear to take …
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 15 J. Marshall J. Computer & Info. L. 609 (1997), Donna Blevins, Kathy Partain, Jay Ray
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 15 J. Marshall J. Computer & Info. L. 609 (1997), Donna Blevins, Kathy Partain, Jay Ray
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Federal Trade Commission's Commitment To On-Line Consumer Protection, 15 J. Marshall J. Computer & Info. L. 679 (1997), Roscoe B. Starek Iii, Lynda M. Rozelle
The Federal Trade Commission's Commitment To On-Line Consumer Protection, 15 J. Marshall J. Computer & Info. L. 679 (1997), Roscoe B. Starek Iii, Lynda M. Rozelle
UIC John Marshall Journal of Information Technology & Privacy Law
This article deals with the Federal Trade Commission's (FTC) efforts to apply consumer protection statutes to on-line activity. The article describes the role of the FTC and explains how it operates. It also discusses the applicability of the Mail or Telephone Order Merchandise Rule, the Fair Credit Billing Act and the Electronic Fund Transfer Act to on-line commerce. Lastly, it describes and examines Section 5 of the FTC Act, which prohibits unfair and deceptive acts or practices in or affecting commerce. This article also examines recent cases that involved on-line crimes, as well as "sweeps" that the FTC regularly executes …
Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg
Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg
UIC John Marshall Journal of Information Technology & Privacy Law
The rapid development of computer technology has led software companies to seek financial support from various commercial lenders. Lenders are typically unaccustomed and unwilling to lend money on the security of intellectual property. The fear of lenders is well founded because lenders face a considerable risk in lending money on contemporary and intangible collateral. As a result of the unavailability of funds, technology based companies would be hindered in their efforts to promote new programs. The unclarity of laws with respect to obtaining a security interest has created obstacles for parties on both sides of the transaction -- the lender …
The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard
The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard
UIC John Marshall Journal of Information Technology & Privacy Law
There is a lack of efficient protection for intellectual property within the computer software medium. Intellectual property of computer software has traditionally been protected by copyrights and relatively recently has been afforded protection of its intellectual property via patents. The distinction between a computer's hardware and a computer's software is decreasing; likewise, the distinction for such protection, namely patents and copyrights, respectively, should be decreased or eliminated, as well. After a brief comparative analysis of patent and copyright protection for computer software, an alternative to the current system of protection for software intellectual property exists. The nature of the software …
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Notaries Public - Lost In Cyberspace, Or Key Business Professionals Of The Future?, 15 J. Marshall J. Computer & Info. L. 703 (1997), Michael L. Closen, R. Jason Richards
Notaries Public - Lost In Cyberspace, Or Key Business Professionals Of The Future?, 15 J. Marshall J. Computer & Info. L. 703 (1997), Michael L. Closen, R. Jason Richards
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines past and future problems that notaries and cybernotaries face. The article discusses the lack of notaries' business worth because of their inadequate knowledge of their responsibilities and poor job performance. The authors explain the reasons for notaries' inadequate knowledge of their responsibilities, ranging from failure to test before commission renewal to failure to describe the duties of the office. In addition, the authors examine the reasons behind poor job performance, such as negligence, misunderstanding and even illegal conduct. The article discusses the procedure to become a notary, ranging from the qualifications to become a notary to the …
Personal Jurisdiction In Cyberspace: The Constitutional Boundary Of Minimum Contacts Limited To A Web Site, 15 J. Marshall J. Computer & Info. L. 819 (1997), David L. Stott
UIC John Marshall Journal of Information Technology & Privacy Law
This comment analyzes the limits of personal jurisdiction arising from cyberspace contacts through a discussion of the traditional framework of personal jurisdiction, including a minimum contacts analysis. It examines pertinent decisions wherein the courts apply the personal jurisdiction framework to contacts limited to the Internet, such as CompuServe v. Patterson, Zippo Manufacturing v. Zippo Dot Com, Bensusan v. King, and Hearst v. Goldberger. The comment further analogizes the minimum contacts involved in cyberspace transactions by using the narrow "stream of commerce" analysis adopted by Justice O'Connor in Asahi requiring additional activity within a jurisdiction for personal jurisdiction to exist within …
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 15 J. Marshall J. Computer & Info. L. 645 (1997), Stacey Mckinley, Elizabeth Schmidt, Jeffrey Whitesell
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 15 J. Marshall J. Computer & Info. L. 645 (1997), Stacey Mckinley, Elizabeth Schmidt, Jeffrey Whitesell
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Copyright Battle: Emerging International Rules And Roadblocks On The Global Information Infrastructure, 15 J. Marshall J. Computer & Info. L. 759 (1997), Stephen Fraser
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses intellectual property rights on the Global Information Infrastructure (GII) as affected by the evolution of the Internet. It outlines the battle between the advocates of total copyright protection and the advocates of minimal copyright protection. The article examines all of the proposed national and international laws affecting copyright protection on the GII, beginning with the minimal protections outlined in the Berne Convention and the problems involved in its enforcement and continuing with its successors, the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The article reviews the history of international copyright protection and the different …
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross
Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Obtaining And Enforcing Trade Dress For Computer Graphical User Interfaces - A Practitioner's Guide, John P. Musone
Obtaining And Enforcing Trade Dress For Computer Graphical User Interfaces - A Practitioner's Guide, John P. Musone
Richmond Journal of Law & Technology
A computer program that successfully incorporates an intuitive graphical user interface possesses a tremendous competitive advantage over its competitors. Interface development accordingly has become a critical aspect of software development. Without legal protection, however, this advantage is illusory as competitors are otherwise free to copy unprotected interface features. Interface creators have predominately used copyright law to protect the overall "look and feel" of their interfaces. However, copyright protection for interfaces increasingly appears to be the exception rather than the rule.
Legal Aspects - Software Reverse Engineering And Copyright: Past, Present And Future, 31 J. Marshall L. Rev. 1 (1997), Brian C. Behrens, Reuven R. Levary
Legal Aspects - Software Reverse Engineering And Copyright: Past, Present And Future, 31 J. Marshall L. Rev. 1 (1997), Brian C. Behrens, Reuven R. Levary
UIC Law Review
No abstract provided.
Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross
Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz
Articles
A disclaimer of ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITING THE IMPLIED WARRANTY OF MERCHANTABILITY, greets virtually everyone who prepares to use a computer software product. Software publishers disclaim the implied warranty of merchantability because they do not know what they might be promising if they give it. Though the disclaimer is routine, software publishers have little interest in needlessly eroding confidence in the quality of their products by conspicuously disclaiming a warranty with which their products may well comply. Disclaimers feed suspicion, voiced by industry critics, that software publishers care little about software quality or standing behind their products. Nonetheless, …