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Intellectual Property Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Intellectual Property Law

A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr. Jan 1999

A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.

Richmond Journal of Law & Technology

In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …


A World Wide Web Of Potential Franchise Law Violations, Michael J. Lockerby Jan 1999

A World Wide Web Of Potential Franchise Law Violations, Michael J. Lockerby

Richmond Journal of Law & Technology

Franchising -- whereby independent entrepreneurs are licensed to provide goods and services of uniform quality (hopefully) under their licensor's trademarks -- has long been the predominant method of distributing goods and services in the U.S. Time will tell how many suppliers use the Internet to "cut out the middleman", and instead, sell goods and services directly to the ultimate consumer. While franchising so far appears to be safe from the Internet, the Internet may not be safe from franchising -- or, perhaps more accurately, from the world wide web of laws that govern franchising. The explosive growth of Internet commerce …


Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood Jan 1999

Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood

Richmond Journal of Law & Technology

The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …


The Creative As Enemy Of The True: The Meaning Of Originality In The Matthew Bender Cases, Deborah Tussey Jan 1999

The Creative As Enemy Of The True: The Meaning Of Originality In The Matthew Bender Cases, Deborah Tussey

Richmond Journal of Law & Technology

The scope of copyright protection for case reports and case reporters has been the subject of litigation since the Supreme Court decided its first copyright case, Wheaton v. Peters,[1] in 1834. Prior to the development of electronic technologies, the courts established a fairly consistent set of guidelines on which print publishers could rely. However, the development of electronic research tools raised new questions which the old guidelines did not address. With the founding of Lexis's online research service, and the later development of CD-ROM research products, West Publishing Co., the premier publisher of case reports, found itself in possession of …


Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun Jan 1999

Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun

Richmond Journal of Law & Technology

I feel strongly that the great fundamentals should be discussed more in all public meetings, and also in meetings of schools and colleges. Not only the students[,] but also the faculty should get down to more thinking and action about the great problems[,] which concern all countries and all peoples in the world today, and not let the politicians do it all and have the whole say. I have often been told that it is not the function of music (or a concert) to concern itself with matters like these. But I do not[,] by any means agree. I think …


The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock Jan 1999

The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock

Richmond Journal of Law & Technology

While attempting to limit potential sexual harassment suits against the Commonwealth of Virginia, and also promote workplace efficiency, the Virginia General Assembly enacted legislation prohibiting state employees from accessing information containing sexual content from state-owned or leased computers without obtaining prior approval from their agency heads. Urofsky v. Gilmore concerns a suit brought by six faculty members employed by several state universities in federal district court alleging that the legislation infringed on their First Amendment free speech rights by unconstitutionally limiting their abilities to perform their jobs. Although the district court found for the plaintiffs, that decision was reversed on …