Digital Commons Network^™

Standard-Setting Organizations: Determining A Duty To Disclose Among Industry Competitors, Howard Goldfarb

Journal of Technology Law & Policy

No abstract provided.

Electronic Mail Surveillance And The Reasonable Expectation Of Privacy, Max Guirguis

Journal of Technology Law & Policy

As Justice Brandeis so eloquently argued more than a century ago in his classic privacy article, the progress of science, especially in the area of communication technology, made it imperative that we shift our attention from the letter to the spirit of law to protect the individual against the privacy invasions of modern inventions. The technological landscape continues to change at a much faster pace than constitutional law, which has yet to deal with such new contrivances of science as computer communications across telephone lines and electronic surveillance of the public by sophisticated devices that detect, monitor, and record personal …

Reverse Confusion In Trademarks: Balancing The Interests Of The Public, The Trademark Owner, And The Infringer, Joel R. Feldman

Journal of Technology Law & Policy

As a unique form of intellectual property, trademarks serve two primary functions. First, trademarks exist to protect consumer expectations about products and services. A trademark should help consumers to accurately predict the quality of the product they are purchasing regardless of the actual source. Second, trademarks allow owners of businesses to accumulate goodwill in their products. Trademarks can accumulate value for their owner, and are often sold, licensed, and assigned for millions of dollars. In many trademarks claims, therefore, courts are forced to balance the owner’s rights in the mark and the consumer’s interests in the mark. In traditional trademark …

The Phenomenon Of Insecure Software In A Security-Focused World, Reid Skibell

Journal of Technology Law & Policy

No abstract provided.

Trademark Law: Uncommon Controls Over Grey Market, Joe De Vesta

Journal of Technology Law & Policy

No abstract provided.

Subsidies Code, Trips Agreement, And Technological Development: Some Consideration For Developing Countries, Irene Ribeiro Dubowy

Journal of Technology Law & Policy

A technology continues to develop, so does the importance of intellectual property (IP) in the balance of trade. As a result of this new-found focus on IP many developed countries welcomed the discussion of procurement and protection of innovation. The Uruguay Round of Negotiations of the World Trade Organization (WTO) produced a new agreement representing a two-fold achievement: first, the agreement devised a system of enforcing international IP rights; second, it addressed some concerns within the developing countries, namely, the strengthening of their technological basis.

In this Article, I will discuss the possibilities and limits for developing countries to achieve …

A Parallel Problem: Grey Market Goods And The Internet, Matthew Fornaro

Journal of Technology Law & Policy

This Article will discuss the background of grey market goods, the licensing of trademarks, the rise of Internet-based commerce and resulting variations of grey market goods, and will propose several new solutions for trademark holders when dealing with the problem of grey market goods in a modern Internet-based economy. However, it is important to note that each issue discussed in the analysis could be an entire article in and of itself. The goal of this Article is to identify and discuss the emerging problem of grey market goods and Internet-based commerce while proposing several new and innovative strategies for trademark …

Just Turn North On State Street And Then Follow The Signs Given By The Federal Circuit: A Sophisticated Approach To The Patentability Of Computerized Business Methods, Kevin Michael Lemley

Journal of Technology Law & Policy

Some movies follow a basic formula: the protagonist overcomes seemingly impossible odds to defeat an invincible antagonist. The hero typically receives assistance from valuable supporting characters. One of the most common supporting characters is an eccentrically brilliant scientist. The scientist is an intriguing character because his home or laboratory is always filled with amazing inventions that the world has never seen. The scientist then gives the hero the perfect new device that will defeat the evil villain. Although this stroll down movie lane has little to do with business method patents for computerized processes, the example of the eccentric scientist …

Full Issue

Insights: The Newsletter of the Neal A. Maxwell Institute for Religious Scholarship

No abstract provided.

Peterson Participates In World Parliament

Insights: The Newsletter of the Neal A. Maxwell Institute for Religious Scholarship

Daniel C. Peterson, professor of Islamic studies and Arabic and editor in chief of the Middle Eastern Texts Initiative, will chair a plenary session at the Parliament of the World’s Religions held December 3–9, 2009, in Melbourne, Australia.

Entitled “Islam and the West: Creating an Accord of Civilisations,” the panel discussion will center on understanding Islam. Peterson’s involvement illustrates METI’s engagement with scholars worldwide.

Valuable Research Tool Available Soon

Insights: The Newsletter of the Neal A. Maxwell Institute for Religious Scholarship

By the end of this year, “Nineteenth-Century Publications about the Book of Mormon (1829–1844)” will be made available as one of the Harold B. Lee Library’s digital collections.

Building on the work of previous generations of researchers, Matthew Roper, research scholar with the Neal A. Maxwell Institute for Religious Scholarship, has collected digital facsimiles and electronic transcriptions of as many of these early publications as could be found.

Givens Featured Speaker At First Biennial Willes Center Lecture

Insights: The Newsletter of the Neal A. Maxwell Institute for Religious Scholarship

The Book of Mormon and its status as an American Bible was the subject of the First Biennial Laura F. Willes Center Book of Mormon Lecture held October 8, 2009, at Brigham Young University. Terryl L. Givens, professor of literature and religion and occupant of the James Bostwick Chair of English at the University of Richmond, focused his remarks on two points: the provenance of the Book of Mormon and major motifs within it.

Behind The Messiah Documentary, S. Kent Brown

Insights: The Newsletter of the Neal A. Maxwell Institute for Religious Scholarship

The following is part 2 of a three-part series of articles written by S. Kent Brown, executive producer of Messiah: Behold the Lamb of God, a Neal A. Maxwell Institute, BYU Broadcasting, and Religious Education production. BYU Television will air part of the series on December 6, 2009. The entire seven-part documentary will air beginning on January 10, 2010. Copies will be available for purchase in the spring. This second article explores the path by which the film climbed from a simple concept to a completed project.

'Tale Of Two Rivers', Kat Taylor, Quentin Grafton, Dan Schultz, Hozaus Claire, Glenn Loughrey

Talking Heads Seminar Series

Two of Australia’s iconic rivers are talking! Through films, posters and dialogue we bring together the Martuwarra-Fitzroy River and the Barka-Lower Darling in New South Wales (NSW). Featuring short film ‘Martuwarra Fitzroy River of Life’ and highlights from the recent ‘Aquawhen?’ exhibition in Canberra, you are invited to view posters of testimonies before the 2019 Citizen’s Inquiry on the Health of the Barka-Darling River in 2019 by artists Rix Lee and Tom Horne; and the short film made in 2019-20 of the Barka-Lower Darling River (created by Otis Filley & Dan Schulz) including the sounds of the Barka-Darling and the …

Copyright Law: Intellectual Property Protection In Cyberspace, Stacey N. Penn

Journal of Technology Law & Policy

No abstract provided.

From Punch Cards To Smart Cards: A History Of Technology At The Levin College Of Law, Betty W. Taylor

Journal of Technology Law & Policy

No abstract provided.

U.S. Regulation Of Public Securities Offerings & Development Of Standards For Internet Offerings, Natalie L. Regoli

Journal of Technology Law & Policy

The growth of the Internet as a business medium has ignited change in the structure of the capital markets and securities industry. Issuers of securities offerings are increasingly using the Internet, electronic mail, and other electronic communication forms to conduct business with investors. Rapid exposure to a myriad of parties presents greater opportunities for investors to analyze opportunities and directly invest, but also presents dangers regarding the quality and timing of decision-making information. Given these tremendous changes to the infrastructure, how would a domestic company offer registered public securities over the Internet?

This Article begins by examining the regulatory background …

Markman Exposed: Continuing Problems With Markman Hearings, Mark R. Malek

Journal of Technology Law & Policy

No abstract provided.

The Privacy Privilege: Law Enforcement, Technology, And The Constitution, Susan W. Brenner

Journal of Technology Law & Policy

The movement of human activity into cyberspace must inevitably affect the law governing individual rights. Cyberspace creates new potentials for good and evil, for creative expression and criminal exploitation. This duality generates tension between our desire to encourage the freedom and autonomy that have thus far been the defining characteristics of cyberspace and our obligation to ensure that it is not used for unlawful purposes. Courts, legislators, and society as a whole must decide how to balance this need for effective law enforcement against out historical respect for individual rights and liberties. This article considers how that balance should be …

A Tribute To Grace "Betty" W. Taylor, Pamela D. Williams

Journal of Technology Law & Policy

No abstract provided.

A Tribute To Grace "Betty" W. Taylor, Mark A. Bergeron

Journal of Technology Law & Policy

No abstract provided.

A Tribute To Grace "Betty" W. Taylor, Gail E. Sasnett-Stauffer

Journal of Technology Law & Policy

No abstract provided.

A Tribute To Grace "Betty" W. Taylor, Martina Pelley

Journal of Technology Law & Policy

No abstract provided.

A Tribute To Grace "Betty" W. Taylor, Arthur Donnelly

Journal of Technology Law & Policy

No abstract provided.

A Tribute To Grace "Betty" W. Taylor, Jon. L. Mills

Journal of Technology Law & Policy

No abstract provided.

Copyright Law: Authorial Rights V. Publisher Privileges, Kymberly Pierce

Journal of Technology Law & Policy

No abstract provided.

Contributory Trademark Infringement By Internet Service Providers: An Argument For Limitation, Brian D. Kaiser

Journal of Technology Law & Policy

The Internet is a relatively new way to conduct commercial exchanges. In the span of a little more than five years, the Internet has gone from a curiosity to a necessary component of any business plan. Electronic commerce (e-commerce) on the Internet has developed so quickly that it has left the law lagging behind. The result is that courts are increasingly faced with Internet related problems that are not only beyond their technical understanding, but also strain traditional legal doctrines.

One example of this is the application of trademark infringement doctrine to e-commerce. Trademarks can be used in e-commerce in …

Enhancing The Privacy Discourse: Consumer Information Gathering As Surveillance, Stan Karas

Journal of Technology Law & Policy

Much of the legal literature on privacy is concerned with the collection and dissemination of consumer information. Advances in technology have made it easier to compile information on our purchases and, partly because of the e-commerce explosion, there is more such information available. Owners of consumer information databases grimly and efficiently collect this information, compiling it into comprehensive consumer profiles that are available for sale to corporations and direct marketers. With few exceptions, permission to divulge or use this information is never asked; the data is collected, repackaged and sold as a matter of course. It is likely that consumer …

Using E-Dispute Technology To Facilitate The Resolution Of E-Contract Disputes: A Modest Proposal, Joseph A. Zavaletta

Journal of Technology Law & Policy

This Article begins by first analyzing the legal framework for e-contracting under the new federal E-SIGN law, the Uniform Electronic Transactions Act (UETA), and the latest draft of the Uniform Commercial Code (U.C.C.) Article 2 Sales. This Article then introduces the concept of Online Dispute Resolution (ODR), its short history, and moves to current ODR applications, discussing the strengths and weaknesses of ODR. Finally, this Article proposes an ODR model that could work to help facilitate e-contractual dispute resolution in a fair and cost-effective manner.

Junk Science In Federal Courts: Judicial Understanding Of Scientific Principles, Todd R. Samelman

Journal of Technology Law & Policy

No abstract provided.