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Articles 1 - 30 of 63
Full-Text Articles in Law
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Federal Communications Law Journal
Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …
One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono
One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono
BYU Law Review
No abstract provided.
Useful Arts In The Information Age, Alan L. Durham
Useful Arts In The Information Age, Alan L. Durham
BYU Law Review
No abstract provided.
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 …
Copyright, Licensing, And The First Screen , Ronald A. Cass
Copyright, Licensing, And The First Screen , Ronald A. Cass
Michigan Telecommunications & Technology Law Review
As patent, copyright, and other intellectual property rights have assumed greater economic importance, the manner in which those rights are used has come under increased scrutiny. Recently filed antitrust litigation against Microsoft Corporation, for example, focuses on the terms under which Microsoft has licensed its Windows® operating system to computer manufacturers (generally referenced as OEMs, for Original Equipment Manufacturers). In particular, parties to the litigation complain about the license agreements' requirement that the first screen to appear when customers initially turn on ("boot up") a computer display certain features common across all Windows-based platforms. The "first screen provision" has been …
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
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 …
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Florida State University Law Review
No abstract provided.
Washington's "Spam-Killing" Statute: Does It Slaughter Privacy In The Process?, Steven Miller
Washington's "Spam-Killing" Statute: Does It Slaughter Privacy In The Process?, Steven Miller
Washington Law Review
In 1998, the Washington Legislature passed an historic law prohibiting the sending of commercial e-mail messages containing false or misleading information in the subject line or header. The law also permits companies that provide Internet services, known as Internet Service Providers (ISPs), to block the transmission or receipt of messages reasonably believed to violate the statute. However, the law fails to specify the permissible activities that an ISP may pursue to form such a reasonable belief. It thereby encourages a variety of intrusive ISP activities, such as message screening. Existing statutory and constitutional privacy law provides the only shield for …
Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau
Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau
Richmond Journal of Law & Technology
Imagine the following scenario. It's December 31, 1999 and two minutes until midnight. The champagne has just been poured and everyone is joyfully preparing to welcome in the new millennium. The clock ticks and the countdown begins. While millions of New Yorkers push and shove, millions more gather around television sets to catch a glimpse of the famous "ball" as it begins its descent in Times Square. Five . . . Four . . . Three . . . Two . . . One . . . "Happy New Year!!!" Little does the crowd know, that as they disperse and …
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
UIC John Marshall Journal of Information Technology & Privacy Law
The Federal Circuit's ruling in State Street Bank Trust Co. v. Signature Financial Group, Inc. represented a paradigm shift in subject matter jurisprudence. Historically, software has been unpatentable because it included a mathematical algorithm, could not pass the physicality test, and was subject to the business methods exception. The State Street ruling expanded the scope of patentable subject matters by focusing on other aspects of patentability such as novelty, nonobviousness, and utility. State Street refreshingly modernizes patent law for improved application to today's evolving high technology industries. In "Computer Software: Patentable Subject Matter Jurisprudence Comes of Age," the author examines …
Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin
Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
UIC John Marshall Journal of Information Technology & Privacy Law
This Comment will analyze how courts should interpret the four statutory factors in determining a fair use defense for once private documents, such as love letters, and how the courts need to add First Amendment and public policy concerns in deciding whether to allow the fair use. First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works. This Comment will also address the need to create a new fair use defense test to include the First Amendment concerns of secondary authors who cannot create their works without the copyrighted information. Secondly, this …
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
UIC John Marshall Journal of Information Technology & Privacy Law
This article begins with a comparison of UCITA and UCC Article 2 and shows how much less restraint the drafters had while drafting the UCITA in early 1995. It was during this time that UCC Article 2 was still undergoing revision. This article continues with the author's detailed examination of the underlying major structural and policy defects in UCITA that require the drafters' attention before it is made into law. The author defines the scope of UCITA as being too broad. Furthermore, the author deconstructs and criticizes various sections of UCITA.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
UIC John Marshall Journal of Information Technology & Privacy Law
Every year The Center for Information Technology and Privacy Law of the John Marshall Law School hosts a moot court competition. This year's topic dealt with Internet hacking and subsequent harassment from personal information displayed on the web. The respondent, an Internet company that specializes in displaying pages from hacked websites, published a hacked page that contained personal information about the petitioner. The personal information included his social security number, home telephone number, and home address. Petitioner claimed invasion of privacy. The decision, from which the petitioner appeals, granted summary judgment in favor of the respondent. The issues presented in …
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
UIC John Marshall Journal of Information Technology & Privacy Law
This article recognizes the legal issues associated with the emergence of Electronic commerce and the roles of "electronic agents" between interactions of users and web-based companies. The author proposes legal solutions found in both common and civil laws when electronic agents are used. In addition, this article fully dissects the validity of contracts conducted by "electronic agents." The author begins by addressing the relevant technical issues and then looks at the legal questions involved in the use of electronic agents. Next, the author suggests minor changes to the present law which may actually offer possible solutions. The author further discusses …
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
UIC John Marshall Journal of Information Technology & Privacy Law
This article helps to clarify the reader's understanding of issues and concepts relating to UCITA in the midst of legislative drafting efforts to give "birth" to section 2B of the UCITA. Concepts such as the ability to "opt-in" or "out" of the Act, "manifestation of assent," electronic signatures, use of the electronic agent, "mass-market" are fully analyzed and discussed. This article first attempts to outline the drafting process followed by the UCITA drafting committee. Next, the author lays out the objectives of the drafters of the UCITA as it appears in the Prefatory Notes. The author further moves into the …
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
The author explains the significance and benefits of UCITA and its major role in clarifying contractual agreements as it responds to the technological age of computer information. The author articulates that the benefits of UCITA are many and advantageous, especially for individuals and small businesses. The benefits of contract formation in UCITA are further elaborated upon in this article. Furthermore, the author delves into the concepts of Rules of Construction and Warranties. Other topics of discussion include transfers of interests and rights, financing arrangements, performance, breach of contract, mass market v. non-mass market transactions, and finally, remedies.
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, the author supports the enactment of UCITA. In Part II of this article, the author explains why UCITA "simply clarify and modernize" commercial law and should be chosen over Article 2 of UCC. In Part III of the article, the author proposes two amendments to UCITA: 1) Software vendors should be given a minimum standard to follow for its software. According to the author, this would bring more adhesion to consumer transactions. 2) UCITA should be governed by state deceptive trade practice acts. Finally, the author ends by saying that state legislatures would be unable to reach …
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
UIC John Marshall Journal of Information Technology & Privacy Law
The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
UIC John Marshall Journal of Information Technology & Privacy Law
This article investigates the software engineering community's direct opposition to UCITA. The author begins by detailing the adverse effect of UCITA on software development and how it will interfere with public interest. Secondly, the author expounds on the rules governing intellectual property and how UCITA would interfere with both users and creators in this field. Thirdly, the author lays out UCITA's rules relating to electronic communication and its uncostly bearings on e-mail. Next, the author explains how UCITA interferes with engineering practices. Furthermore, the author provides a glimpse of UCITA's interference with software engineers and small consulting firms. Lastly, the …
The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski
UIC John Marshall Journal of Information Technology & Privacy Law
Poland is at a critical point in determining whether it will provide the type of intellectual property protection afforded in other countries. Based on its current programs, Poland clearly recognizes that it must improve its infrastructure. It is imperative for Poland to institute and develop new science and technology policies. As a result, Poland must pay attention to issues like privatization and intellectual property because newly privatized companies will lean on patents and other rights as footholds against their competitors. Poland must also address issues concerning physical access and communications and electronic access to the country. Poland's overall science and …
Issued Patents And The Standard Of Proof: Evidence Clear And Convincing Or Merely Ponderous, 17 J. Marshall J. Computer & Info. L. 557 (1999), David W. Okey
UIC John Marshall Journal of Information Technology & Privacy Law
Patent cases use a "preponderance of the evidence" standard of proof, unless the validity of a patent is in question, in which case the standard is "clear and convincing evidence." The comment examines the meaning of the standards in their application to United States patent practice. After giving examples with interference and infringement cases, the comment argues that the vast majority of cases are decided on evidence not presented to the Patent and Trademark Office (PTO) during prosecution of the patent. The assumption that a patent is valid is based on the thorough examination it receives prior to its allowance …
Congress Must Learn To Surf The Internet If It Ever Wants To Catch The Next Wave Of Securities Fraud, 17 J. Marshall J. Computer & Info. L. 589 (1999), Ted A. Smith
UIC John Marshall Journal of Information Technology & Privacy Law
Despite the popularity in the area of securities trading and all of the new challenges the Internet brings to the area of securities fraud, Congress has not chosen to react with new legislation. Instead, Congress has chosen to remedy the problems through the use of existing laws that were written over fifty years ago. This decision by Congress is at odds with other decisions it has made with respect to other areas of law that have been impacted by the Internet. Congress reacted to the effects of the Internet on gambling with proposed legislation aimed specifically at problems the Internet …
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
UIC John Marshall Journal of Information Technology & Privacy Law
Attorneys are largely unaware of the types of evidence available through computer related sources. Lawyers and courts face similar obstacles in exploring the electronic frontier. The legal community is confronting the dispute between a liberal policy of open access to relevant information and the burdens of computer-related discovery of sensitive, confidential and privileged material. Computers are used to generate, process and store vast amounts of useful information-related evidence. Computers also create discovery hazards when they store damaging information, trade secrets and other proprietary or confidential data. Another discovery problem arises because of the lack of uniformity of spoliation laws over …
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch
UIC John Marshall Journal of Information Technology & Privacy Law
The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
UIC John Marshall Journal of Information Technology & Privacy Law
The CD-ROM has infiltrated every part of the legal profession, from research and learning aids to information storage. The newest technological advancement to enter the profession is the CD-ROM brief. In 1997, the first three CD-ROM briefs were filed with the federal judiciary, and the courts seem more than eager to continue their use. As with all new things, there are critics. Those opposed to CD-ROM briefs believe that they will adversely affect the standard of review, efficiency and finality of decisions in the trial and appellate courts and prejudice the less affluent. These concerns, however, are unfounded. The appellate …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
In this moot court competition bench memo, the Supreme Court the state of Marshall has to decide whether the monitoring and recording of a voice mail message in the work environment constitutes a violation of the Electronic Communications Privacy Act ("ECPA") or an invasion of privacy. Plaintiff's brother is an employee of a for-profit corporation that provides a digital telephone system that allows employee use features such as voice mail. Employees can access their voice mail both at their desks or other location within the company. The company, however, implements a policy of random phone conversation monitoring to avoid abuse …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.