Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 690811 - 690840 of 5166006

Full-Text Articles in Entire DC Network

Maximizing The Enforceability Of Click-Wrap Agreements, Francis M. Buono, Jonathan A. Friedman Jun 2022

Maximizing The Enforceability Of Click-Wrap Agreements, Francis M. Buono, Jonathan A. Friedman

Journal of Technology Law & Policy

A ‘click-wrap agreement” is an agreement, formed entirely in an online environment such as the Internet, which set forth the rights and obligations between parties. The term “click-wrap” is derived from the fact that such online agreements often require clicking with a mouse on an on-screen icon or button to signal a party’s acceptance of the contract. Among other things, click-wrap agreements are used to: (1) establish the terms for the download and use of software over the Internet; (2) set forth a Web site’s Term of Service, i.e., the rules by which users may access the Web site or …

Go to article

The De Minimis Dilemma: A Bedeviling Problem Of Definitions And A New Proposal For A Notice Rule, Matthew C. Lucas Jun 2022

The De Minimis Dilemma: A Bedeviling Problem Of Definitions And A New Proposal For A Notice Rule, Matthew C. Lucas

Journal of Technology Law & Policy

This article will discuss the de minimis doctrine in light of its current (and often varied) application in several important cases. While the focus will remain on infringements occurring in electronic media, the application of the analysis is by no means limited to that area alone. This article concludes by proposing the addition of a notice rule within the current copyright scheme. This rule would bar a would-be infringer from raising a de minimis defense once access to the copyrighted work at issue has been conclusively proven. The notice rule would encourage early negotiation of an optimal licensing arrangement between …

Go to article

Tax Implications For Electronic Commerce Over The Internet, Eugene R. Quinn Jr. Jun 2022

Tax Implications For Electronic Commerce Over The Internet, Eugene R. Quinn Jr.

Journal of Technology Law & Policy

This article will discuss the existing “real world” tax paradigm, why the existing models fails in cyberspace, government initiatives to tax or control taxing cyberspace, and finally, suggest a tax policy for cyberspace.

Go to article

Foreword To The Fall 1999 Issue, Mary Elizabeth Fitzgibbons Jun 2022

Foreword To The Fall 1999 Issue, Mary Elizabeth Fitzgibbons

Journal of Technology Law & Policy

No abstract provided.

Go to article

Litigating Child Pornography And Obscenity Cases In The Internet, David T. Cox Jun 2022

Litigating Child Pornography And Obscenity Cases In The Internet, David T. Cox

Journal of Technology Law & Policy

The first Part of this article is the introduction. Part II addresses federal child pornography statutes and obscenity laws. Part III reviews the relevant case law. Part IV addresses the practical considerations of litigating child pornography and obscenity cases. In addition, Part IV provides a quick lesson in the language of computers to facilitate a discussion of practice pointers and cautionary tales. This article concludes with a structured approach to child pornography and obscenity cases, taking into account the current technological landscape.

Go to article

Foreword To The Summer 1999 Edition, Michael F. Weigold Jun 2022

Foreword To The Summer 1999 Edition, Michael F. Weigold

Journal of Technology Law & Policy

This issue advances two important analyses of how this evolving medium is transforming our definitions of trademarks, commercial speech, consumption, and consumers. The impact of this transformation felt for years to come.

Go to article

The Digital Explosion Comes With A Cost: The Loss Of Privacy, Suzanne M. Thompson Jun 2022

The Digital Explosion Comes With A Cost: The Loss Of Privacy, Suzanne M. Thompson

Journal of Technology Law & Policy

This article will embody a discussion of the privacy implications in the digital age and the effect of mass complication of personal data on an individual’s ability to control their personal information. Part I will trace the development of informational privacy and discuss the threat of advanced network communication systems to individual privacy. Part 2 will set forth the U.S. framework regulating fair information practices of data protection. Part 3 will then explore U.S. legislation relevant to the protection of personal identifiable data in a context-specific manner. Part 4 will introduce the Clinton Administration’s response to data protection in the …

Go to article

Personal Jurisdiction And The Internet: Can The Traditional Principles And Landmark Cases Guide The Legal System Into The 21st Century?, Mark C. Dearing Jun 2022

Personal Jurisdiction And The Internet: Can The Traditional Principles And Landmark Cases Guide The Legal System Into The 21st Century?, Mark C. Dearing

Journal of Technology Law & Policy

As the Internet advances and develops as a more acceptable means of global communication and commerce, the issue of personal jurisdiction becomes an area of increasing importance. With more commercial activity occurring on the Internet, businesses and individuals alike must be cautious and prepared regarding their potential liability. By merely creating a web site and placing information and/or goods on the Internet, the party responsible for that web site (the web host) is potentially exposed to worldwide liability. Because the traditional personal jurisdiction cases originate in the pre-Internet era, courts must determine the appropriate tests and analyses for personal jurisdiction …

Go to article

With Nowhere To Hide: Workers Are Scrambling For Privacy In The Digital Age, Rod Dixon Jun 2022

With Nowhere To Hide: Workers Are Scrambling For Privacy In The Digital Age, Rod Dixon

Journal of Technology Law & Policy

Recent innovations in digital technology have resulted in the proliferation of workplace surveillance devices, which allow bugging, telephone monitoring, visual surveillance during night or day, communications interceptions on computer networks and the creation of digitally controlled human recognition and tracking devices. Not surprisingly, the expanding presence of digital technology in the American workplace has guaranteed that complex issues of personal and workplace privacy have become far more pervasive than ever before.

Go to article

Betting No End To Internet Gambling, Scott Olson Jun 2022

Betting No End To Internet Gambling, Scott Olson

Journal of Technology Law & Policy

Over the last two decades, society has gradually accepted gambling as a legitimate form of entertainment. This is evidenced by the $550 billion spent on legalized gambling in the United States in 1996. These revenues come from many different types of gambling, including lotteries, casinos, pull tabs, sports wagering, and bingo. Only two states, Utah and Hawaii, ban all forms of gambling. At least 56 percent of all Americans gambled in some form in 1996.

Within the last two years, however, a new form of gambling has emerged: Internet gambling. People no longer have to leave the comfort of their …

Go to article

Foreword To The Spring 1999 Edition, Robert L. Dunne Jun 2022

Foreword To The Spring 1999 Edition, Robert L. Dunne

Journal of Technology Law & Policy

In this issue think of it as a spectrum. At one end is total anonymity and thus lack of accountability. At the other, total accountability and therefore total lack of anonymity. Cyberspace presents us with a world in which it is much harder to draw lines around different types of conduct, one in which it is presently impossible to restrict the use of anonymity to certain specific contexts.

Go to article

Property Rights On An Intranet, Scott S. Kokka Jun 2022

Property Rights On An Intranet, Scott S. Kokka

Journal of Technology Law & Policy

In a world which is becoming increasingly reliant upon the Internet and information infrastructures, widespread use of “cyberspace” is creating extensive decentralization of the Global Information Infrastructure (GII). One of the most prized attributes of the Internet is its free flow of information to all parts of the world supplied by a telecommunications infrastructure. However, the Internet’s greatest characteristic is also its darkest threat: ready access by anyone, anywhere. With the explosion of electronic commerce looming on the horizon, many companies are beginning to look for ways to control this anarchy and prevent the chaos of unregulated access on the …

Go to article

"It's Our Way Or The Highway": Americans Ruling Cyberspace - A Look Back At Bad Policy And A Look Ahead At New Policy, Brian Berlandi Jun 2022

"It's Our Way Or The Highway": Americans Ruling Cyberspace - A Look Back At Bad Policy And A Look Ahead At New Policy, Brian Berlandi

Journal of Technology Law & Policy

Network Solutions Inc. (“NSI”) and its respective policies are no longer capable of effectively and efficiently managing the Internet. Proper management must now be turned over to an international body that can fairly administer to the needs of Internet users worldwide. However, establishing this new administrative body, whose policies must be created through equal representation of global interest groups, will be no easy task. Not only will a global consensus be difficult to reach, but the element of time is of particular importance as well. With only four months remaining in NSI’s contract, the global Internet community must act expediently. …

Go to article

Trademarks, Internet Domain Names, And The Nsi: How Do We Fix A System That Is Already Broken, Michael Tanner Jun 2022

Trademarks, Internet Domain Names, And The Nsi: How Do We Fix A System That Is Already Broken, Michael Tanner

Journal of Technology Law & Policy

This paper will focus upon how the current race to establish an Internet presence, has created numerous disputes over the use, the ownership, and the registration of domain names, as well as increased the potential for liability for possible infringement of corporate trademarks. The purpose of this paper is to shed some light on how current policies regarding Internet domain name registration impairs certain trademark holders and effectively prevents them from using the Internet as a global communication medium. This paper has four parts: section one details the history of the Internet, and the structure of both domain names and …

Go to article

Foreword To The Spring 1998 Edition, R. Scott Draughon Jun 2022

Foreword To The Spring 1998 Edition, R. Scott Draughon

Journal of Technology Law & Policy

This issue discusses the impact of the internet and focuses on policy as well as legal questions.

Go to article

A Thoughtful And Practical Analysis Of Database Protection Under Copyright Law, And A Critique Of Sui Generis Protection, Wesley L. Austin Jun 2022

A Thoughtful And Practical Analysis Of Database Protection Under Copyright Law, And A Critique Of Sui Generis Protection, Wesley L. Austin

Journal of Technology Law & Policy

A factual compilation can be protected by copyright law if the selection, coordination, or arrangement of data constitutes an original work of authorship. The facts themselves are not copyrightable. If the factual compilation qualified for copyright protection, the protection would extend only to the selection, coordination, or arrangement that made the compilation original. Protection would not extend to the facts contained in the factual compilation. As a result, the facts in a factual compilation may be freely copied. With the computer revolution, many factual compilations are taking the form of computerized databases. With the ease of copying electronic information, “free …

Go to article

The Enforceability Of Adhesive Arbitration Clauses In International Software Licenses, John P. Tomaszewski Jun 2022

The Enforceability Of Adhesive Arbitration Clauses In International Software Licenses, John P. Tomaszewski

Journal of Technology Law & Policy

With the explosion of the information age, the subject of many transactions has become what is known as “digital property.” The most obvious property of this sort is purchased every day in the form of software. However, unlike many forms of property, software is generally not sold; it is licensed. Also, as a result of the internet and the information age, the parties to a transaction may not even be from the same country. Software companies responding to the unique needs of the software developer attempting to protect his/her intellectual property rights have began to use a mass-market license attached …

Go to article

By Policy Or Law? The Challenge Of Determining The Status And Future Of Agro-Biodiversity, Cary Fowler Jun 2022

By Policy Or Law? The Challenge Of Determining The Status And Future Of Agro-Biodiversity, Cary Fowler

Journal of Technology Law & Policy

Intellectual property rights, like other categories of rights or law, are historically situated. They are conceived, constructed and interpreted “in context.” Their emergence – as applied to a particular type of innovative activity – is related to economic, technological and political factors – and cannot be seen simply as the unfolding of disembodied legal logic.

Today, one of the most vibrant areas in the field of intellectual property rights concerns the status of plant genetic resources associated with food and agriculture. These resources come in a variety of forms from gene and gene complex to a finished crop variety; from …

Go to article

Computer Associates V. Altai – French Computer Software Copyright Action Not Barred By U.S. Decision, Sue Mota Jun 2022

Computer Associates V. Altai – French Computer Software Copyright Action Not Barred By U.S. Decision, Sue Mota

Journal of Technology Law & Policy

This article will review the Computer Associates v. Altai litigation in the United States and France, including the subsequent wide-spread adoption of the three-prong test, and will analyze the issue of res judicata in international computer software copyright litigation. Finally, this author will make recommendations and predictions concerning the issue.

Go to article

Foreword To The Fall 1997 Edition, Thomas F. Cotter Jun 2022

Foreword To The Fall 1997 Edition, Thomas F. Cotter

Journal of Technology Law & Policy

Journal of Technology and Policy has provided a forum for authors to share their views and insights on some of the most significant contemporary issues relating to intellectual property and technology law. As the importance of this body of law continues to grow at an exponential rate, lawyers and other policymakers need access to well-reasoned commentary on issues the likes of which no one has ever dreamed of when intellectual property laws began to develop. Whether laws that were created for a very different world can continue to keep pace with modern technology—as the saying goes, whether we can force …

Go to article

The Genie Let Loose: Ineffectual Encryption Export Restrictions And Their Deleterious Effect On Business, Doug Masson Jun 2022

The Genie Let Loose: Ineffectual Encryption Export Restrictions And Their Deleterious Effect On Business, Doug Masson

Journal of Technology Law & Policy

No abstract provided.

Go to article

Copyrights In An Electronic Age, James M. Jordan Iii Jun 2022

Copyrights In An Electronic Age, James M. Jordan Iii

Journal of Technology Law & Policy

No abstract provided.

Go to article

The Great Internet Panic: How Digitization Is Deforming Copyright Law, Anne K. Fujita Jun 2022

The Great Internet Panic: How Digitization Is Deforming Copyright Law, Anne K. Fujita

Journal of Technology Law & Policy

In this paper, the balance between the rights of authors, publishers and users will be explored to see how the technology affects their particular interests, and how various laws tip the balance of their rights in different directions. This paper also includes an analysis of two recent proposals for adapting copyright law to the new technology. One is a report released in September 1995 by the Working Group on Intellectual Property Rights, a subcommittee of the Clinton Administration’s Information Infrastructure Task Force, titled “Intellectual Property and the National Information Infrastructure,” but more commonly referred to as the “White Paper.” The …

Go to article

Foreword To The Fall 1996 Edition, Richard A. Matasar Jun 2022

Foreword To The Fall 1996 Edition, Richard A. Matasar

Journal of Technology Law & Policy

No abstract provided.

Go to article

International Licensing Of Intellectual Property: The Promise And The Peril, Nicolas S. Gikkas Jun 2022

International Licensing Of Intellectual Property: The Promise And The Peril, Nicolas S. Gikkas

Journal of Technology Law & Policy

This paper is about the promise that intellectual property holds for generating wealth from international trade. The U.S. government and U.S. corporations have employed various means to secure the benefits of selling intellectual property abroad. The most flexible and useful method of transferring this form of property is the licensing agreement. However, for a licensing agreement to work, the intellectual property must first be recognized as “property” to be protected by law by the countries of both the licensor and the licensee. Not all countries recognize and protect intellectual property. This paper discusses the perils associated with licensing intellectual property …

Go to article

Responsibility As An Issue In Internet Communication: Reading Flames As Defamation, James A. Inman, Ralph R. Inman Jun 2022

Responsibility As An Issue In Internet Communication: Reading Flames As Defamation, James A. Inman, Ralph R. Inman

Journal of Technology Law & Policy

No abstract provided.

Go to article

Comparing Regulatory Models — Self-Regulation Vs. Government Regulation: The Contrast Between The Regulation Of Motion Pictures And Broadcasting May Have Implications For Internet Regulation, Jeffrey A. Jacobs Jun 2022

Comparing Regulatory Models — Self-Regulation Vs. Government Regulation: The Contrast Between The Regulation Of Motion Pictures And Broadcasting May Have Implications For Internet Regulation, Jeffrey A. Jacobs

Journal of Technology Law & Policy

A model of regulation is being developed in response to the passage of the Telecommunications Act of 1996. That model could be based on the motion picture industry’s system of self-regulation, which may at first seem to be less threatening to the First Amendment rights of the Internet users. On the other hand, the Internet regulatory model could be modeled on the broadcast industry’s system of federal regulation through an administrative agency like the FCC—a choice many people immediately associate with censorship and government interference in private conversations and transactions. The purpose of this article is to examine the development …

Go to article

The Constitutionality Of The Communications Decency Act: Censorship On The Internet, David L. Sobel Jun 2022

The Constitutionality Of The Communications Decency Act: Censorship On The Internet, David L. Sobel

Journal of Technology Law & Policy

On March 21, a special three-judge federal court panel in Philadelphia began hearing testimony in a proceeding to determine the constitutionality of the Communications Decency Act (“CDA”). The statute enacted as part of the Telecommunications Act of 1996, criminalizes the transmission of “indecent” and “patently offensive” material via the Internet in a manner that makes it available to minors. Judicial review of the CDA is destined to result in a landmark Supreme Court decision defining, for the first time, the applicability of the First Amendment to emerging interactive communications media. As the courts begin to grapple with this complex issue, …

Go to article

Ambulance Chasers On The Internet: Regulation Of Attorney Web Pages, Mark Hankins Jun 2022

Ambulance Chasers On The Internet: Regulation Of Attorney Web Pages, Mark Hankins

Journal of Technology Law & Policy

Since the U.S. Supreme Court in 1977 decided Bates v. State Bar of Arizona, attorney advertising, once anathema to the profession, has become tolerated, if not entirely welcome fixture of the landscape. Regulations of attorney advertising have passed the intermediate scrutiny of the Supreme Court on a number of occasions with a recent Supreme Court victory of the Florida Bar over an advertising attorney defining the outer limits of permissible attorney conduct in targeted direct mail advertising. Debate continues on the effect of advertising on the profession. Many argue persuasively that its added economic pressures are converting the practice …

Go to article

Foreward To New Publication Journal Of Technology Law & Policy, Ben F. Overton Jun 2022

Foreward To New Publication Journal Of Technology Law & Policy, Ben F. Overton

Journal of Technology Law & Policy

No abstract provided.

Go to article

First Prev Next Last