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Computer Law

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Full-Text Articles in Law

Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen Jun 2002

Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen

Michigan Telecommunications & Technology Law Review

The goal of this article is to illustrate the issues that arise in the context of computer search and seizures by examining several areas in which the application of Fourth Amendment concepts to computer searches and/or seizures can be problematic. In order to illustrate this point, the article will build on a hypothetical. The hypothetical situation assumes law enforcement officers have lawfully obtained a warrant to search for and seize evidence concerning the commission of one or more crimes. It will also be assumed that computer technology played some role in the commission of these crimes, so computer equipment and …

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To Innovate Or Not To Innovate, That Is The Question: The Functions, Failures, And Foibles Of The Reward Function Theory Of Patent Law In Relation To Computer Software Platforms , Seth A. Cohen Jun 1999

To Innovate Or Not To Innovate, That Is The Question: The Functions, Failures, And Foibles Of The Reward Function Theory Of Patent Law In Relation To Computer Software Platforms , Seth A. Cohen

Michigan Telecommunications & Technology Law Review

The patent system has traditionally been viewed as having two primary functions: the reward function and the prospect function. Although these theories do explain some behavior which results from the practical applications of the patent system, they also overlook some behavior of the patent system which indicates a failure of these functions. In order to properly prevent such failure, this paper proposes that the patent system adopt an orientation that will lead to increased innovative rivalry and competition. In Part I, using the computer operating system software market as an example, I propose a framework for reconceptualizing patent protection as …

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Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto Jun 1999

Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto

Michigan Telecommunications & Technology Law Review

Although the antitrust laws apply to all industries, the application must be tempered in each case by the myriad ways in which competition can be modified by structural, behavioral, technological, regulatory, and other characteristics. The Commission applies the antitrust laws with sensitivity to the special characteristics of high-tech industries and of intellectual property, but also with the recognition that--as in other industries--competition plays an important role in spurring innovation and in spreading the benefits of that innovation to consumers. This focus is not new. This balanced approach has roots that go back at least to the 1977 Antitrust Guide to …

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The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson May 1996

The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson

Michigan Law Review

A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World

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The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli Apr 1996

The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli

Indiana Law Journal

No abstract provided.

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The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala Jan 1987

The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala

Michigan Journal of International Law

This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.

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Computer Software Copyright Infringement: The Second Generation, Jeffrey A. Berkowitz Jan 1987

Computer Software Copyright Infringement: The Second Generation, Jeffrey A. Berkowitz

Touro Law Review

No abstract provided.

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What Is Computer Crime, And Why Should We Care, Michael C. Gemignami Jan 1987

What Is Computer Crime, And Why Should We Care, Michael C. Gemignami

University of Arkansas at Little Rock Law Review

No abstract provided.

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Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi Jan 1987

Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi

Michigan Journal of International Law

This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …

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Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan Jan 1987

Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan

Michigan Journal of International Law

This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.

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Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp Jan 1987

Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp

Michigan Journal of International Law

Technical progress is one of the most important elements of social development which necessarily causes change in the law. In the past few decades computer technology has become very important. As a component of technical progress, computer technology has given rise to new social relations which require legal regulation. Such regulation, however, is not provided adequately by existing legal rules in the contemporary Czechoslovak legal system.

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Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn Jan 1984

Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn

Fordham Urban Law Journal

Advancements in computerization and the growing use of computers in business, government, education, and the private sector has resulted in the expanding potential for criminal infiltration. The problems of computer crime are in great part attributable to the shortcomings of our criminal laws, which were written long before there was knowledge of computer crimes. Moreover, there is a reluctance of our legal establishments to adapt to the new technology's potential harm. This Note urges that new federal legislation be passed as a means to counteract future computer crimes.

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The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review Nov 1972

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2

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