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- UCITA (4)
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- FTDA (2)
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- NCCUSL (2)
- A&M Records Inc. et al. v. Napster (1)
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- Bensusan Restaurant Corporation v. King (1)
- Blinded Veterans Association v. Blinded American Veterans Foundation (1)
- Boring v. Buncombe Co. Bd. of Educ (1)
- Brookfield Communications Inc. v. West Coast Entertainment Corp (1)
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Articles 1 - 14 of 14
Full-Text Articles in Law
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Richmond Journal of Law & Technology
Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.
Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii
Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii
Richmond Journal of Law & Technology
The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.
Business Method Patents, John J. Love
Business Method Patents, John J. Love
Richmond Journal of Law & Technology
Good morning, it's a pleasure to be here alive. We just participated in the daily road race from Washington to Richmond that many of you do every day. The first question I've been asked to deal with is why do we have patents? Of course we're very proud of fact that the PTO's origins date back the Constitution itself. In Article I Section 8 of the Constitution, the framers specifically gave Congress the power to grant inventors, for a limited time, the exclusive right to their inventions. So this is not a product of the industrial revolution but dates back …
Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock
Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock
Richmond Journal of Law & Technology
The United States Court of Appeals for the Fourth Circuit appears to have adopted the rule that any speech uttered by a governmental employee, in the course of performing the work for which the employee was hired, is per se not a "matter of public concern." A majority of the court relies on its holdings in DiMeglio v. Haines and Boring v. Buncombe Co. Bd. of Educ. for that proposition. That fact was evident in questioning from the en banc panel of the Fourth Circuit during its rehearing of Urofsky v. Gilmore on October 25, 1999. At issue was the …
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Richmond Journal of Law & Technology
"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …
Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby
Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby
Richmond Journal of Law & Technology
From the heated rhetoric of both proponents and opponents of UCITA, one would think that UCITA represented a radical change from current law. From the standpoint of this practitioner, however, UCITA represents more of an evolutionary than a revolutionary change in the law. In at least three critical areas, the enforceability of "paperless contracts," dispute resolution, and "self-help" remedies, UCITA is arguably consistent with current law or at least the trend of current law. Indeed, the main inconsistency between UCITA and current law is that current law is at times inconsistent. From the standpoint of most businesses, certainty is preferable …
Letter From The Editor, Lisa Taylor Hudson
Letter From The Editor, Lisa Taylor Hudson
Richmond Journal of Law & Technology
Welcome to the fourth issue of The Richmond Journal of Law & Technology. By now, we have all emerged from the "Y2K Crisis" unscathed. In fact, for many, the advent of the new year and new millennium was utterly uneventful technologically. However, this new year is not without its own fanfare for The Journal, for 2000 marks the first time this law review has published a fourth issue in a single academic term. Furthermore, we are even entrenched in the publication process for a fifth issue already. We continue to work hard to produce these timely, insightful, and scholarly publications, …
Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee
Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee
Richmond Journal of Law & Technology
Welcome to the fifth issue of The Richmond Journal of Law & Technology! This issue represents a watershed experience for JOLT, as this is the first time we have published more than three issues in a single year! The timing of this issue's publication is also significant because on April 5, 2000, we will celebrate the fifth birthday of our journal. As the oldest exclusively online law review in the U.S., we continue to enjoy our leadership role in the publication of academic pieces dedicated to the marriage of law and technology.
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Richmond Journal of Law & Technology
You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …
Opening Up To Open Source, Shawn W. Parker
Opening Up To Open Source, Shawn W. Parker
Richmond Journal of Law & Technology
The latest "revolution" in the software industry has nothing to do with breakthrough technology; the revolution is a rethinking of how software technology is held, developed, and distributed. The revolution is called "open source," although it has also been called "freeware," and "copyleft." Each term generically describes the movement, yet implies wildly different ideas to the developers, distributors, and users inside the open source community. Open source is not a company, but rather, a community; projects are established and programmers communicate and contribute software building blocks to each other via the Internet. When a software program is completed by this …
Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton
Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton
Richmond Journal of Law & Technology
After the Recording Industry Association of America's ("RIAA") attack on the Diamond Rio proved unsuccessful, the music industry turned its attention to the companies enabling reproduction of copyrighted music. Two important cases appeared after the United States Court of Appeals for the Ninth Circuit held that Diamond Rio was not infringing on copyrights. These cases, A&M Records, Inc. et al. v. Napster, Inc. and UMG, Inc., et. al. v. MP3.com, Inc., will shape computer technology's effect on American copyright law. This update will discuss these two cases and give brief overviews of the courts' findings and conclusions. These findings will …
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
Richmond Journal of Law & Technology
Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.
The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller
The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller
Richmond Journal of Law & Technology
In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, Silver Platter, Lotus, and Microsoft) wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives supported the adoption of UCITA because it is true to three commercial principles: commerce should be free to flourish in the electronic age, rules should support use of new (in this case electronic) technologies, and marketplace forces should determine the form …
Letter From The Editor, Dharmesh Vashee
Letter From The Editor, Dharmesh Vashee
Richmond Journal of Law & Technology
Welcome to the second issue of The Richmond Journal of Law and Technology's seventh publication term. As we near the halfway point of this term, the Journal is stronger than ever. Our continued growth and success is due in large part to the dedication of our staff and Editorial Board. This year we will publish four issues and will hold a symposium on the soon-to-be-enacted Uniform Computer Information Transactions Act ("UCITA"). The symposium will be held on March 2, 2001. Registration for and information on the symposium will be available on our website soon.