American Exceptionalism, The French Exception, Intellectual Property Law, And Peer-To-Peer File Sharing On The Internet, 10 J. Marshall Rev. Intell. Prop. L. 95 (2010),
2010
UIC School of Law
American Exceptionalism, The French Exception, Intellectual Property Law, And Peer-To-Peer File Sharing On The Internet, 10 J. Marshall Rev. Intell. Prop. L. 95 (2010), Lyombe Eko
UIC Review of Intellectual Property Law
A fundamental problem confronting policy makers is how to apply intellectual property rules and regulations developed for tangible intellectual property assets in real space to intangible,dematerialized intellectual property in cyberspace. The United States and France are self-described exceptionalist countries. American exceptionalism refers to the historical tendency of the United States to emphasize its unique status as the beacon of liberty, while l’exception française (the French exception) refers to the French ideological posture that emphasizes the specificity and superiority of French culture. American exceptionalism and l’exception française are functionally equivalent theoretical constructs that describe and explain how the United States and …
The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010),
2010
UIC School of Law
The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater
UIC Review of Intellectual Property Law
The semantic web is going to become an important tool for scientists who need to accurately share data given context through structured relationships. The structure that defines contextual relationships on the semantic web is known as an ontology; which is a hierarchical organization of a knowledge domain that contains entities and their relations. This paper seeks to answer whether semantic web ontologies are protectable by copyright, and regardless of the outcome, what the best practices are for the scientific community. The best practices for the scientific community should include the adoption of a machine readable ontology license which disclaims copyright …
Twitter: New Challenges To Copyright Law In The Internet Age, 10 J. Marshall Rev. Intell. Prop. L. 231 (2010),
2010
UIC School of Law
Twitter: New Challenges To Copyright Law In The Internet Age, 10 J. Marshall Rev. Intell. Prop. L. 231 (2010), Rebecca Haas
UIC Review of Intellectual Property Law
Twitter is part of the new wave of internet communication. It is unique because messages sent via Twitter are limited to 140 characters. Many of these messages are about mundane details of daily life, but some are creative, even literary, and may qualify for copyright protection. The problem,then, is not necessarily whether a Tweet can qualify for copyright protection, but how that protection is enforced. Current infringement policies and procedures are not designed to effectively handle copyright infringement on the internet. Internet infringement is widespread and not easy to monitor or regulate, therefore there is a need for a regulatory …
Innovations In The Internet’S Architecture That Challenge The Status Quo,
2010
University of Pennsylvania Carey Law School
Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo
All Faculty Scholarship
The current debate over broadband policy has largely overlooked a number of changes to the architecture of the Internet that have caused the price paid by and quality of service received by traffic traveling across the Internet to vary widely. Topological innovations, such as private peering, multihoming, secondary peering, server farms, and content delivery networks, have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Moreover, network providers have begun to employ an increasingly varied array of business arrangements. Some of these innovations are responses to the growing importance of peer-to-peer technologies. Others, such …
Cloud Computing: Storm Warning For Privacy?,
2010
Boston University School of Law
Cloud Computing: Storm Warning For Privacy?, Nicole Ozer, Chris Conley
Faculty Scholarship
“Cloud computing” - the ability to create, store, and manipulate data through Web-based services - is growing in popularity. Cloud computing itself may not transform society; for most consumers, it is simply an appealing alternative tool for creating and storing the same records and documents that people have created for years. However, outdated laws and varying corporate practices mean that documents created and stored in the cloud may not have the same protections as the same documents stored in a filing cabinet or on a home computer. Can cloud computing services protect the privacy of their consumers? Do they? And …
Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss),
2009
University of Maine - Main
Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen
Harlan J Onsrud
Access to earth observation data has become critically important for the wellbeing of society. A major impediment to achieving widespread sharing of earth observation data is lack of an operational web-wide system that is transparent and consistent in allowing users to legally access and use the earth observations of others without seeking permission from data contributors or investigating terms of usage on a case-by-case basis. This article explores approaches to supplying a license-based system to overcome this impediment in the context of the Global Earth Observation System of Systems. It discusses the benefits and drawbacks of the explored approaches and …
Exploring The Ethicality Of Firing Employees Who Blog,
2009
University of Wyoming
Exploring The Ethicality Of Firing Employees Who Blog, Sean Valentine, Gary Fleischman, Robert Sprague, Lynn Godkin
Robert Sprague
This exploratory study evaluates the ethical considerations related to employees fired for their blogging activities. Specifically, subject evaluations of two employee-related blogging scenarios were investigated with established ethical reasoning and moral intensity scales, and a measure of corporate ethical values was included to assess perceptions of organizational ethics. The first scenario involved an employee who was fired because of innocuous blogging, while the second vignette involved an employee who was fired because of work-related blogging. Survey data were collected from employed college students and working practitioners. The findings indicated that the subjects’ ethical judgments that firing an employee for blogging …
Legal Interoperability In Support Of Spatially Enabling Society,
2009
University of Maine - Main
Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud
Harlan J Onsrud
Spatial data is critically important for the wellbeing of society. Yet appropriate spatial data is often very difficult to find and, when found, the legal ability to use it is often in question. Lack of an operational web-wide capability allowing users to legally access and use the geospatial data of others without seeking permission on a case-by-case basis remains as an entrenched major impediment to general spatial enablement for all sectors in society. This chapter presents a legal inter-operability vision for offering, acquiring, and using spatial data and proposes an operational environment for gaining much greater legal clarity and efficiency …
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone,
2009
New York Law School
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm
James Grimmelmann
In The Future of the Internet--And How to Stop It, Jonathan Zittrain argues that the Internet has succeeded because it is uniquely "generative": individuals can use it in ways its creators never imagined. This Book Review uses the Apple II and the iPhone--the hero and the villain of the story as Zittrain tells it--to show both the strengths and the weaknesses of his argument. Descriptively and normatively, Zittrain has nailed it. Generativity elegantly combines prior theories into a succinct explanation of the technical characteristics that make the Internet what it is, and the book offers a strong argument that preserving …
