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Articles 1 - 30 of 126
Full-Text Articles in Law
Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch
Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch
Michigan Law Review
Computer systems, especially those in heavy-use commercial settings, often require routine maintenance to continue functioning properly. Many businesses turn to an independent service organization ("IS0") to provide computer maintenance services because ISOs frequently charge less than the original equipment manufacturer ("OEM") for those services. The tremendous growth in computer use has spawned a multi-billion dollar computer maintenance industry in the United States, and ISOs and OEMs have become engaged in fierce competition for this computer service business. The struggle between ISOs and OEMs to capture this expanding market has spilled over into the courts, spawning a number of recent decisions …
The Year In Review: Accomplishments And Objectives Of The U.S. Copyright Office, Marybeth Peters
The Year In Review: Accomplishments And Objectives Of The U.S. Copyright Office, Marybeth Peters
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana
Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana
American University Law Review
No abstract provided.
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Indiana Law Journal
No abstract provided.
Attorney-Client Privilege Versus The Pto's Duty Of Candor: Resolving The Clash In Simultaneous Patent Representations, Todd M. Becker
Attorney-Client Privilege Versus The Pto's Duty Of Candor: Resolving The Clash In Simultaneous Patent Representations, Todd M. Becker
Washington Law Review
Patent attorneys play dual roles: they are simultaneously attorneys and patent practitioners. Their dual role causes problems when the rules that govern one role conflict with the rules that govern the other. One such problem is illustrated in Molins PLC v. Textron, Inc., where a patent attorney simultaneously representing two clients was caught between the Patent & Trademark Office's duty of candor and the attorney's duty of confidentiality imposed by the rules of professional responsibility. The Molins decision presents a problem because it creates uncertainty about whether confidentiality can be maintained by using the attorney-client privilege to defeat the …
Dedication To The Honorable William Hughes Mulligan, John D. Feerick
Dedication To The Honorable William Hughes Mulligan, John D. Feerick
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Global Intellectual Property In The Twenty-First Century, Bruce A. Lehman
Global Intellectual Property In The Twenty-First Century, Bruce A. Lehman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard
Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Lanham Act: A Living Thing, Joseph D. Garon
The Lanham Act: A Living Thing, Joseph D. Garon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi
Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl
Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Federal Trademark Dilution Act Of 1995: Substantial Likelihood Of Confusion, Eric A. Prager
The Federal Trademark Dilution Act Of 1995: Substantial Likelihood Of Confusion, Eric A. Prager
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels
The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The False Inventive Genus: Developing A New Approach For Analyzing The Sufficiency Of Patent Disclosure Within The Unpredictable Arts, Brian P. O'Shaughnessy
The False Inventive Genus: Developing A New Approach For Analyzing The Sufficiency Of Patent Disclosure Within The Unpredictable Arts, Brian P. O'Shaughnessy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Anonymity And International Law Enforcement In Cyberspace, Jonathan I. Edelstein
Anonymity And International Law Enforcement In Cyberspace, Jonathan I. Edelstein
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Baseball’S Antitrust Exemption: Out Of The Pennant Race Since 1972, Anthony Sica
Baseball’S Antitrust Exemption: Out Of The Pennant Race Since 1972, Anthony Sica
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tipping The Balance: Hilton Davis And The Shape Of Equity In The Doctrine Of Equivalents, Jonathon Taylor Reavill
Tipping The Balance: Hilton Davis And The Shape Of Equity In The Doctrine Of Equivalents, Jonathon Taylor Reavill
William & Mary Law Review
No abstract provided.
Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige
Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige
RISK: Health, Safety & Environment (1990-2002)
Dr. Murashige addresses the need for a patent system more closely tailored to the needs of biotechnology. For example, the obviousness requirement may interfere with using patents to recoup high costs of work when it could arguably be done by researchers of ordinary skill.
Defining "Author" For Purposes Of Copyright , Russ Versteeg
Defining "Author" For Purposes Of Copyright , Russ Versteeg
American University Law Review
No abstract provided.
Escaping The World Of I Know It When I See It: A New Test For Software Patent Ability, Brooke Schumm Iii
Escaping The World Of I Know It When I See It: A New Test For Software Patent Ability, Brooke Schumm Iii
Michigan Telecommunications & Technology Law Review
The major thesis presented in this article is a focused standard of software patentability, in particular for pure computational methods or algorithms directed to the manipulation of numbers operating on a computer. The general philosophy is to compel inventors to narrow their claims to an algorithm expressed in terms of its utility and then to require that the particular utility or functionality be expressed in the claim as a limit on the claim, thus precluding the patent monopoly from being overbroad. As a corollary, any person is free to use or perhaps to patent the algorithm for a different utility …
Software Developers Want Changes In Patent And Copyright Law, David A. Burton
Software Developers Want Changes In Patent And Copyright Law, David A. Burton
Michigan Telecommunications & Technology Law Review
Most software developers do not oppose all software copyrights. There is broad support for basic copyright protection of computer programs which prohibits directly copying computer programs without the author's permission. Nearly all commercial software is copyrighted, and most programmers agree that such protection is necessary in order for software development to be profitable. However, software patents and "look and feel" copyrights go well beyond this to prohibit other programmers from independently writing even programs that are similar to the protected program. Such constraints are strongly resented by many in the software development community who long for the good old days …
Information Wants To Be Free, But The Packaging Is Going To Cost You, Gregory A. Stobbs
Information Wants To Be Free, But The Packaging Is Going To Cost You, Gregory A. Stobbs
Michigan Telecommunications & Technology Law Review
The question is this: where do we draw the line between private ownership and the public domain? It is not a question of choosing between copyright and patent, of choosing between hardware and software, or of choosing between implementation and algorithm. It is a more fundamental question that reaches back to ancient human values and transcends our current fixation on computers and software. It helps to put things in perspective. When debating where we and the law are headed (as we are now), it helps to know where we have been. In this regard, do not assume that software patents …
Comments In Response To The Patent And Trademark Office's Proposed Examination Guidelines For Computer-Implemented Inventions, Robert R. Sachs
Comments In Response To The Patent And Trademark Office's Proposed Examination Guidelines For Computer-Implemented Inventions, Robert R. Sachs
Michigan Telecommunications & Technology Law Review
The Guidelines reflect a policy decision that computer-implemented inventions require both hardware and software elements. This policy decision and definition present several important issues. First, do the Guidelines accurately reflect and accommodate the practices of the software industry and software engineers? Second, do the Guidelines accurately reflect the current case law?
Sofware Patents And The Information Economy, Michael Perelman
Sofware Patents And The Information Economy, Michael Perelman
Michigan Telecommunications & Technology Law Review
Modern economists universally acknowledge that information is an essential component of productivity. Moreover, as they begin to focus more and more on the nature of information, their conception of information widens considerably.
Software Patents--Just Make A Good Thing Better, David R. Syrowik
Software Patents--Just Make A Good Thing Better, David R. Syrowik
Michigan Telecommunications & Technology Law Review
Some have stated that software is somehow "different" from other technologies and must be treated differently. Others have gone so far as to advocate the abolition of patents for software-related technologies. I disagree with both propositions. I believe a heavy burden rests on those who advocate that a particular field of technology should be exempted from the patent system absent a statutory prohibition. Software-related technology should be treated under the U.S. patent laws as any other technology would be treated. Otherwise, investment in the software industry will be negatively impacted. The current patent system is vital to the protection of …
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
RISK: Health, Safety & Environment (1990-2002)
Mr. Cunningham stresses the broad scope of biotechnological innovations. Besides endorsing the need for a new oversight commission to deal with potential social issues, he suggests, for example, that some products should be treated like biologics rather than new drugs.
Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper
Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper
RISK: Health, Safety & Environment (1990-2002)
Dr. Draper's focus is the use of personal information derived from genome research. She identifies several potential problems, including access to and control of genetic information, employment discrimination and social stratification. She also recommends possible solutions.
Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell
Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell
RISK: Health, Safety & Environment (1990-2002)
Dr. Russell explains how such matters as high 'costs of regulation, lack of an effective plan for delivery (particularly abroad) and politics can interfere with providing globally needed vaccines.
The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus
The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus
Indiana Journal of Global Legal Studies
Intellectual property rights (IPR) issues in the software, biotechnology, and semiconductor industries exemplify the pressure that new technologies and international competition are placing on domestic and international regulatory systems. Traditional patent and copyright rules cannot easily accommodate any of these technologies. At the same time, the high costs of research and development, relative ease of replication, and global markets characteristic of these technologies heighten the importance of both domestic and foreign IPR protection. In the context of rapidly changing technological conditions, borderless markets, and inflexible international regimes, national policymakers face a political dilemma: how to accommodate new technologies at home, …
Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel
Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel
Indiana Law Journal
No abstract provided.