Digital Commons Network^™

Dastar Corp. V. Twentieth Century Fox Film Corp., Carrie Jones

Computer Law Review and Technology Journal

The Trademark Act of 19461 codified select portions of the common law on trademark and unfair competition. Section 43(a) of the Lanham Act, as it is more commonly known, protects consumers and competitors from the "reverse passing off' of one's work as another's. In Dastar v. Twentieth Century Fox Film Corp., the United States Supreme Court recently considered whether section 43(a) prohibits the unattributed copying of works available in the public domain. The Ninth Circuit had found that Fox could bring a claim against Dastar (which had copied and repackaged without attribution a Fox video series) under the Lanham …

Can A Copyright Holder Prevent Reverse Engineering? The Federal Circuit Court Holds That The Federal Copyright Act Does Not Preempt "No Reverse Engineering" Clauses: Bowers V. Baystate Tech. Inc. , Jonathan Wilson

Computer Law Review and Technology Journal

Intellectual property rights exist to protect the fruit of one's intellectual labor. But when an idea is made public, there develops a risk that another might be able to rework the process of creation and diminish the value of the original intellectual labor. This is exactly what happened to Harold L. Bowers. By utilizing the technique of reverse engineering, Baystate Technologies used Bowers' computer program to develop their own CAD software design to compete with Bowers's program. Bowers, however, had placed a "no reverse engineering" clause on his shrink-wrap license. This conflict presented the Federal Circuit Court with the difficult …

Recent Trademark Challenges In Cyberspace And The Growth Of The Initial Interest Confusion And Nominative Fair Use Doctrines, Jeffrey M. Becker, Purvi J. Patel

Computer Law Review and Technology Journal

The relatively recent legal doctrines of "initial interest confusion" and "nominative fair use" have become the dominant buzz words for defining the scope of permissible trademark use on the Internet, especially in the on-line advertising context. The prevalence of recent trademark cases applying these doctrines stems from the difficulty involved in assessing trademark liability in cyberspace, particularly when the trademark is not used as visible expression, but is instead used as an invisible tool, such as a metatag or keyword. For example, in its well-publicized opinion of Brookfield Communications, Inc. v. W. Coast Entm 't Corp., the Ninth Circuit adopted …

Research Tax Credit : Statutory Construction, Regulatory Interpretation And Policy Incoherence, David L. Cameron

Computer Law Review and Technology Journal

Section 41 of the Internal Revenue Code establishes a research tax credit in connection with "qualified research expenses" and "basic research payments," frequently referred to as the incremental research credit and the basic research credit, respectively. The incremental research credit is equal to 20 percent of the qualified research expenses for the tax year in excess of a base amount, and the basic research credit is equal to 20 percent of any basic research payments in excess of a base amount. The purpose of the credit is to provide an incentive for increased research activities in the private sector.

The …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Research And Development Deliverables Under Government Contracts, Grants, Cooperative Agreements And Cradas: University Roles, Government Responsibilities And Contractor Rights, Danielle Conway-Jones

Computer Law Review and Technology Journal

More than anything, the United States Government is committed to research and development that will ensure America's position as the leader of nations. Nowhere is this truer than in the development of weapons and weapons systems, for these have, until recently, been the tools of superiority. From the tanks of World Wars I and II, to the guided weapons systems of today, to the unmanned fighting and space exploration vehicles of tomorrow, continued superiority of this nation will depend heavily upon the research and development of new technologies and innovation that must have dual uses for both the military and …

Trademark Challenges, John M. Cone

Computer Law Review and Technology Journal

The proponent of a product design trade dress must show that the trade dress is non-functional. In 2001, the Supreme Court considered functionality in the context of a patented, dual-spring mechanism for temporary road signs, which were designed to withstand strong gusts of wind. In reversing the lower court's summary judgment, the Sixth Circuit held that the availability of spring mechanisms, functionally equivalent but with a different appearance, rendered the dual-spring mechanism non-functional.The Supreme Court reversed, finding instead that the TrafFix dual-spring design was functional as a matter of law. The Court thus held that the availability of functionally equivalent, …

Copyright Under Siege: The First Amendment Front, Lackland H. Bloom Jr.

Computer Law Review and Technology Journal

For the past twenty-five years, I have taught courses in both Copyright and Freedom of Speech. Until quite recently, these two tangentially-related subjects have co-existed in peaceful harmony. Over the years, I have traditionally devoted about ten minutes of Copyright class time to the free speech issue and no time at all in Freedom of Speech class to issues of copyright. That was then; the old world has changed. Now, we have collectively become embroiled in what some are calling the "copyright wars", with the First Amendment (specifically, freedom of speech) as one of the central battlegrounds. In 1970, two …

Co-Operative Development Of Technology: Understanding The Risks And Creating Opportunities To Excel, David L. Hitchcock

Computer Law Review and Technology Journal

While technological advances come with increasing speed and complexity, the globalization of the economy has forced companies to become leaner and more focused on their core areas of expertise. As a result companies are forced to seek and acquire assistance from others when dealing with certain technological areas. In such cases, businesses often form co-operative relationships, such as outsourcing development work, mutual development agreements, joint ventures. These and other co-operative affiliations serve to facilitate a rapid adaptation to market and technology changes. These types of arrangements often come with significant risks, among them loss of trade secrets and competitive know-how, …

[Un]Safe Harbor: No Common Denominator In Privacy Compliance, Steven A. Wells, Mark Courtney, Peter Vogel

Computer Law Review and Technology Journal

Privacy is a social issue that varies depending on the mores of any particular culture. Clearly there have always been personal privacy issues before the advent of the Internet. However, the Internet has provided widespread proliferation of personal data which has dramatically changed the scope of where personal data may be. It was not really until about 1995 that the Internet brought this wide-spread change caused by ubiquitous growth of personal computers, online networks, graphical browsers, and broadband communications. Since it is impossible to accurately predict the ultimate direction of personal privacy on the Internet, governments around the world are …

Entrepreneurial Open Source Software Hackers: Mysql And Its Dual Licensing, Robert W. Gomulkiewicz

Computer Law Review and Technology Journal

Hackers often quibble about commercializing software, yet most will readily sell their programming services. Richard Stallman, the father of free software, has always recognized that hackers have a right to make money. Aside from selling programming services, however, Stallman's disciples seem to frown upon commercializing software. Other hackers, labeling themselves "open source" developers, have warmed to the possibility that free software may be profitable.

This article describes one of the most promising business models for hackers, called "dual licensing." In this model, hackers offer the same code under two different licenses: a commercial license and an open source license. Licensees …

Recent Developments In Digital Copyright-The Internet Music Cases, Herbert J. Hammond, Corey Weinstein

Computer Law Review and Technology Journal

Music sharing on the Internet has been a hotly debated topic in the last five years. Music sharing advocates claim that people should have the right to trade music that they have rightfully purchased. Opponents of this practice argue that swapping songs destroys the music industry and violates copyright law. While this debate has raged and the courts have taken up the issue, the file-swapping phenomenon has brought significant, unanticipated changes to the recording industry and to the ways consumers buy music.

Food Poisoning In Saudi Arabia. Potential For Prevention?, Yagob Y. Al-Mazrou

Saudi Medical Journal

Food poisoning is becoming a very important health problem both internationally and in the Kingdom of Saudi Arabia (KSA). Salmonella species (spp) is the most important pathogen, but due to the extensive effort carried by the health authorities to prevent or eradicate communicable diseases, new pathogens are now emerging such as Escherichia coli (E. coli) and Norwalk like viruses. This review paper highlights the magnitude and determinants of food poisoning internationally and in KSA, and proposes some recommendations on its prevention. Clearly, there is a steady increase in the food poisoning accidents in KSA, especially during the summer months and …

Prophylactic Ciprofloxacin Drops After Tympanostomy Tube Insertion, Omer Nawasreh, Ibrahim A. Al-Wedyan

Saudi Medical Journal

OBJECTIVE: To evaluate the effectiveness of prophylactic ciprofloxacin drops in decreasing the incidence of post-tympanostomy otorrhea, and the relation between middle ear content and post-tympanostomy otorrhea. METHODS: One hundred and fifty patients aged 3-14 years underwent tympanostomy and tube insertion at the Prince Rashid Ben Al-Hasan Hospital, Al-Husn, Jordan during the interval between February 2000 to January 2003. The patients were randomized into 3 groups: group 1 (control group) received no antibiotic drops, group 2 received a single dose of ciprofloxacin drops intraoperatively and group 3 received an intraoperative dose followed by 5-day postoperative course. RESULTS: Application of topical ciprofloxacin …

Ultrasonography Of The Uterus After Normal Vaginal Delivery, Abdel-Nabi A. Al-Bdour, Hakam F. Akasheh, Naser A. Al-Husban

Saudi Medical Journal

OBJECTIVE: To define the appearance of the uterus and the uterine cavity, as revealed by ultrasound in normal women following a vaginal delivery. METHODS: This prospective, longitudinal study took place at the Prince Hashem and Prince Ali Military Hospitals, Amman, Jordan from December 2002 to March 2003. Fifty-four women were scanned on postpartum days 1, 7, 14, 28, and 56. Ultrasound examination was performed transabdominally for all women. The involution process of the uterus was assessed by measuring the anteroposterior diameter and uterine cavity. The appearance of the uterine cavity contents was documented. Factors related to the involution process: parity, …

Intestinal Parasites Among Presumably Healthy Individuals In Lebanon, Bassem R. Saab, Umaya Musharrafieh, Nabil T. Nassar, Mustafa Khogali, George F. Araj

Saudi Medical Journal

OBJECTIVE: To determine the prevalence period of intestinal parasites among presumably healthy subjects in Lebanon. METHODS: One stool specimen from 2634 presumably healthy Lebanese subjects, mean age 32.1 years with a range of 14-71 years, resident of different areas in Lebanon was examined for the presence of parasites. The analysis took place in the Clinical Microbiology Laboratory, Department of Pathology and Laboratory Medicine, American University of Beirut Medical Center, Beirut, Lebanon, over 25-months between 1995-1997. RESULTS: The prevalence of intestinal parasites was 12.4%. The most common parasites identified were Escherichia coli (3.8%), Giardia lamblia (3.1%) and Entamoeba histolytica (2.3%). CONCLUSION: …

Mutation Analysis Of The Breast Cancer Gene Brca1 Among Breast Cancer Jordanian Females, Manar F. Atoum, Sameer A. Al-Kayed

Saudi Medical Journal

OBJECTIVE: To screen mutations of the tumor suppressor breast cancer susceptibility gene 1 (BRCA1) within 3 exons among Jordanian breast cancer females. METHODS: A total of 135 Jordanian breast cancer females were genetically analyzed by denaturing gradient electrophoresis (DGGE) for mutation detection in 3 BRCA1 exons (2, 11 and 20) between 2000-2002 in Al-Basheer Hospital, Amman, Jordan. RESULTS: Of the studied patients 50 had a family history of breast cancer, 28 had a family history of cancer other than breast cancer, and 57 had no family history of any cancer. Five germline mutations were detected among breast cancer females with …

Effects Of Short Term Metformin Administration On Androgens In Diabetic Men, Nadima S. Shegem, Anwar M. Batieha, Hatem El-Shanti, Kamel M. Ajlouni

Saudi Medical Journal

OBJECTIVE: Metformin, an oral hypoglycemic agent, has several other metabolic and hormonal effects. This study aims at identifying the metabolic effect of metformin on androgens in diabetic men. METHODS: The study was conducted at The National Center for Diabetes Endocrinology and Genetics, Jordan University Hospital, Amman, Jordan from April 2001 to September 2001. We studied 15 men with type 2 diabetes mellitus by measuring fasting serum glucose, insulin, glycosylated hemoglobin, total and free testosterone, sex hormone binding globulin, dehydroepiandrosterone sulphate, 17-OH progesterone, luteinizing hormone, and follicle stimulating hormone before and after a short course of metformin. RESULTS: There was a …

The Arabic Version Of Childhood Health Assessment Questionnaire Modified For Arabic Children, Sanaa M. Madi, Sulaiman M. Al-Mayouf, Carol G. Grainger, Sultan A. Bahabri

Saudi Medical Journal

OBJECTIVE: To determine the feasibility, reliability and validity of the childhood health assessment questionnaire - modified for Arab children (CHAQ- MAC). METHODS: One hundred and eighteen modified questionnaires were completed by 75 juvenile rheumatoid arthritis (JRA) patients and their parents attending the Pediatric Rheumatology Clinic at the King Faisal Specialist Hospital and Research Centre, Riyadh, Kingdom of Saudi Arabia over an 18 month period (January 1996 to May 1997). RESULTS: The modified questionnaire was self-administered by 82% of the parents. The median time to complete the questionnaire was 10 minutes. The main difficulty in comprehension was discomfort dimension (visual analogue …

Effect Of Elevated-Rim Acetabular Liner And 32-Mm Femoral Head On Stability In Total Hip Arthroplasty, Duwairi M. Qassem, Karlson B. Smith

Saudi Medical Journal

OBJECTIVE: Although the theoretical attractions of the elevated rim are obvious and have been widely accepted as a mean to improve the postoperative stability, the clinical advantages have not been demonstrated. The aim of this study is to further evaluate the elevated liners contribution to stability. METHODS: Forty-six patients with 50 hips undergoing primary total hip arthroplasty (THA) were enrolled in this study, conducted in Rush Hospital, Chicago, Illinois, United State of America, between March 2001 and February 2003. We tried to determine the amount of additional stability that can be provided by elevated-rim liner compared to the non-elevated liners …

Choledochal Cyst, Ahmed H. Al-Salem

Saudi Medical Journal

Choledochal cyst, which is characterized by dilatation of the biliary ducts, is common in Asian countries, mainly Japan, but relatively rare worldwide. This report describes 2 Saudi female children with choledochal cysts, with emphasis on long term follow-up.

Amlodipine Associated Hyperpigmentation, Zulal Erbagci

Saudi Medical Journal

Amlodipine is a potent peripheral and coronary vasodilator with high selectivity for vascular smooth muscle, and is widely used in mild to moderate hypertension, chronic stable angina and vasospastic angina. Its most prevalent side effects are peripheral edema, flushing and headache. Cutaneous adverse reactions associated with amlodipine have been rarely reported. Herein, a male patient is described to develop oral mucosal and cutaneous hyperpigmentation one year after starting amlodipine, which became more noticeable with time. Although cutaneous hyperpigmentation was most prominent on the photoexposed areas, there was no history of previous photosensitivity, pruritus or flushing. To our knowledge, no case …

Spectrum Of Childhood Poisoning In A Tertiary Center In The Eastern Saudi Arabia, Afrah Kashmar, Aftab S. Chishti

Saudi Medical Journal

No abstract provided.

Defining Nicotine Dependence For Genetic Research: Evidence From Australian Twins, Christina N. Lessov, Nicholas G. Martin, Dixie J. Statham, Alexandre A. Todorov, Wendy S. Slutske, Kathleen K. Bucholz, Andrew C. Heath, Pamela A F Madden

Open Access Publications

No abstract provided.

Albert Einstein, Esq., Steven Goldberg

Georgetown Law Faculty Publications and Other Works

Albert Einstein’s 1905 paper setting forth the special theory of relativity is one of the most famous scientific articles ever written. Peter Galison’s influential book, Einstein’s Clocks, Poincaré’s Maps: Empires of Time (2003), demonstrates that Einstein’s paper was fundamentally shaped by his work as a patent examiner by showing that arguments previously seen as abstract thought experiments were instead derived from Einstein’s work on patent applications for devices that coordinate clocks. Moving beyond Galison’s insights, we can see portions of Einstein’s paper as reflecting the quasi-judicial role of a patent examiner. Like trial judges, patent examiners must apply settled legal …

Symposium: The Body (Continued In Vol. 3)

Contemporary Aesthetics (Journal Archive)

Call for submissions that discuss the aesthetic significance of the body in art.

Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby

Articles

No abstract provided.

The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge

Articles

No abstract provided.

Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack

Articles

No abstract provided.

A Positive Right To Protection For Children, Tamar Ezer

Articles

Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …