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Intellectual Property Law

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Articles 15421 - 15450 of 17080

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§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine Jan 1994

§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine

UIC John Marshall Journal of Information Technology & Privacy Law

Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …

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The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont Jan 1994

The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont

UIC John Marshall Journal of Information Technology & Privacy Law

The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …

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Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick Jan 1994

Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick

UIC John Marshall Journal of Information Technology & Privacy Law

The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …

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Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon Jan 1994

Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon

UIC John Marshall Journal of Information Technology & Privacy Law

In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …

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Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern Jan 1994

Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern

UC Law SF Communications and Entertainment Journal

"Look and feel" or sequence, structure, and organization opinions generally do not include visuals of exhibits the lawyers used to convince the court or jury that one program was or was not substantially similar to another. As a result, it is difficult for look and feel lawyers to determine what sort of evidence influenced a precedential decision. This Article discusses the low-technology and high-technology approaches to proving and defending software copyright infringement cases. The author analyzes cases involving claims of visual similarity of the user interface, components of the user interface, or the sequence, structure, and organization of the user …

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Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne Jan 1994

Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury Jan 1994

Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury

UC Law SF Communications and Entertainment Journal

No abstract provided.

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A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon Jan 1994

A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen Jan 1994

Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson Jan 1994

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Media Countersuits In Libel Law: A Statutory And Judicial Framework, Kyu Ho Youm, Douglas A. Anderson Jan 1994

Media Countersuits In Libel Law: A Statutory And Judicial Framework, Kyu Ho Youm, Douglas A. Anderson

UC Law SF Communications and Entertainment Journal

Faced with costly expenses for libel lawsuits, the American press during the past decade started resorting to counterclaims as an "aggressive-offenseis- the-best-defense" tactic in response to what it considered to be meritless libel actions. This Article examines media libel countersuits to address critical issues raised by some commentators in the mid-1980s about the uncertain value of the suits. Three questions provide the main focus of the study: (1) Why do American media organizations countersue?; (2) What is the statutory and judicial status of media countersuits in the United States?; and, (3) What implications do media countersuits carry for American libel …

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Joint Authorship Under The Copyright Law, Scott C. Brophy Jan 1994

Joint Authorship Under The Copyright Law, Scott C. Brophy

UC Law SF Communications and Entertainment Journal

After nearly a century of the concept of joint authorship existing in the common law, Congress codified that body of law, with some changes, into the Copyright Act of 1976. There remain, however to this day two important but unsettled issues of law. One, whether putative joint authors must each contribute copyrightable expression to a work in order to be given joint author status, and whether the author must merely intend to combine his own work with that of another author, or whether he must more specifically intend the legal consequences of joint authorship. This Article addresses these issues which …

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Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer Jan 1994

Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

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In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell Jan 1994

In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell

UIC Law Review

No abstract provided.

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Legitimizing Decompilation Of Computer Software Under Copyright Law: A Square Peg In Search Of A Square Hole, 28 J. Marshall L. Rev. 105 (1994), Allan M. Soobert Jan 1994

Legitimizing Decompilation Of Computer Software Under Copyright Law: A Square Peg In Search Of A Square Hole, 28 J. Marshall L. Rev. 105 (1994), Allan M. Soobert

UIC Law Review

No abstract provided.

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Special 301 And Taiwan: A Case Study Of Protecting United States Intellectual Property In Foreign Countries, Y. Kurt Chang Jan 1994

Special 301 And Taiwan: A Case Study Of Protecting United States Intellectual Property In Foreign Countries, Y. Kurt Chang

Northwestern Journal of International Law & Business

On April 30, 1993, the United States Trade Representative (USTR) placed Taiwan on the "priority watch list" of countries that failed to protect United States intellectual property rights.' Although countries on the priority watch list are not as egregious in violating United States intellectual property rights as those identified as "priority foreign countries," Taiwan was targeted for an immediate action plan, requiring it to take specific actions before July 31, 1993, or else risk being the subject of a trade sanction. Under the intense pressure from the United States, the ruling party of Taiwan rammed through the legislature the first …

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Connick V. Myers And The First Amendment Rights Of Public Employees, Mike Harper Jan 1994

Connick V. Myers And The First Amendment Rights Of Public Employees, Mike Harper

UC Law SF Communications and Entertainment Journal

In Connick v. Myers the Supreme Court developed a test to determine whether a public employer's sanctions of an employee for expressive activity receives First Amendment scrutiny. The Connick test has drawn heavy criticism from scholars, and the problems stem from ambiguities in the decision itself. This Note examines the Connick holding, highlights its guiding principles, and argues how, as well as the circumstances under which, the Connick test should be applied. The Note concludes that courts should ask two questions in considering whether to apply Connick in a new First Amendment situation: (1) Is the behavior protected?; and (2) …

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Federal Criminal Remedies For The Theft Of Intellectual Property, Kent Walker Jan 1994

Federal Criminal Remedies For The Theft Of Intellectual Property, Kent Walker

UC Law SF Communications and Entertainment Journal

The theft and abuse of intellectual property has traditionally been controlled through civil remedies. In recent years, the prevalence of accessible and easily reproduced computer software and other information has led to an increase in the unauthorized use and infringement of copyrighted materials, making civil enforcement inadequate. In response, policy-makers have adopted a criminal approach to high technology crime. Congress, the courts, and federal law enforcement agencies have enacted new laws, developed stricter penalties, and pursued more rigorous prosecution to combat such actions. This Commentary outlines these new approaches and discusses the elements and limitations of criminal prosecution of information …

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Disclosure Of Computer Re-Enactments During Pretrial Discovery, Mark Barrish Jan 1994

Disclosure Of Computer Re-Enactments During Pretrial Discovery, Mark Barrish

UC Law SF Communications and Entertainment Journal

Computer-generated re-enactments allow litigators to recreate events at issue before a jury. Because of the visual power of computer re-enactments, however, disclosure during the pretrial discovery process is of crucial importance. The author discusses what must be disclosed to the opposing party in federal civil actions relating to expert witness testimony. This Note suggests courts should generally compel the proponent of a re-enactment to disclose the underlying computer models used to create the re-enactment in order to guard against potential bias and allow for effective cross-examination.

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Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne Jan 1994

Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Merging Phone And Cable, C. Edwin Baker Jan 1994

Merging Phone And Cable, C. Edwin Baker

UC Law SF Communications and Entertainment Journal

No abstract provided.

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New Technology And The First Amendment: Breaking The Cycle Of Repression, Robert Corn-Revere Jan 1994

New Technology And The First Amendment: Breaking The Cycle Of Repression, Robert Corn-Revere

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Protecting American Television Programming In Russia, China, Taiwan, And Japan, Rosalind M. Parker Jan 1994

Protecting American Television Programming In Russia, China, Taiwan, And Japan, Rosalind M. Parker

UC Law SF Communications and Entertainment Journal

As Russian, Chinese, Taiwanese, and Japanese entrepreneurs position themselves to become key players in the global communications marketplace, they present American entrepreneurs with viable opportunities for successful short-term and long-term investments. Given the foreign demand for American television programming, the emergence of new technologies (i.e., wireless cable-television and direct broadcast satellites) and the significant increase in international awareness of and respect for intellectual property rights (as illustrated by the most recent GATT negotiations), major investment in the Russian, Chinese, Taiwanese, and Japanese television industries has become a sound business practice from both technological and economical perspectives. This Article examines the …

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Reinventing Competition, Nicholas W. Allard Jan 1994

Reinventing Competition, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

Nowhere are the libertarian concepts of free will, individual freedom of thought, expression and action, private property rights and laissez-faire, and free market economy more relevant than the intense policy debate currently underway in the United States over the laws and rules that should govern the uses of technology by our information age society. The author points out (with tongue in cheek) that, although libertarian thinking may be as American as Huckleberry Finn, the central character in this nation's greatest novel, the neo-libertarianism now in vogue, might prove to be a mutant, strain. Those who would rush to embrace this …

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Motion Picture Distribution, Film Splitting, And Antitrust Policy, Stanley I. Ornstein Jan 1994

Motion Picture Distribution, Film Splitting, And Antitrust Policy, Stanley I. Ornstein

UC Law SF Communications and Entertainment Journal

The United States Department of Justice (DOJ) launched a major program in the mid-1980s against "film splitting" agreements, whereby motion picture exhibitors in a city agree not to competitively bid for movies. The DOJ held such agreements are per se price fixing conspiracies. This Article examines film splitting and its per se status. The author examines previous explanations for film splitting by reviewing the history of movie distribution and the efficiencies of distribution practices prior to the famous Paramount decision. The author also compares alternative methods of licensing and concludes that film splitting can reduce distribution costs, increase the number …

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Altered Realities: The Effect Of Digital Imaging Technology On Libel And Right Of Privacy, Lisa Byrne Anastasio Potter Jan 1994

Altered Realities: The Effect Of Digital Imaging Technology On Libel And Right Of Privacy, Lisa Byrne Anastasio Potter

UC Law SF Communications and Entertainment Journal

This Note discusses the legal and ethical ramifications resulting from the use of digital imaging technology by the print and television news media. Focusing on libel and right of privacy, the author discusses the current laws' ability to deal with infringements involving digitally altered images. By using hypotheticals, the author explores the legal, moral, and societal problems that may arise with the increasing availability and use of this technology to alter news photographs. The author suggests "notice" as a solution to maintain free speech without compromising truth.

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The Abstraction-Filtration Test: Determining Non-Literal Copyright Protection For Software, Stephen H. Eland Jan 1994

The Abstraction-Filtration Test: Determining Non-Literal Copyright Protection For Software, Stephen H. Eland

Villanova Law Review (1956 - )

No abstract provided.

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Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee Jan 1994

Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee

UIC Law Review

No abstract provided.

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Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch Jan 1994

Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch

UC Law SF Communications and Entertainment Journal

Typically, the attorney-client privilege applies only to attorneys admitted to practice law by a state bar. However, courts have expanded the application of the attorney-client privilege. This Article focuses on whether a group of specialized legal professionals-patent agents-should be included in the category of legal advisors who are entitled to the attorney-client privilege. The recognition or rejection of a privilege for patent agents may be of critical importance during litigation in the United States involving patent rights. The author concludes that patent agents who function as legal practitioners should independently be recognized as attorneys for the purpose of the attorney-client …

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Not As Clean As They Wanna Be: Intermediate Copying In Campbell V. Acuff-Rose, William S. Coats, David H. Kramer Jan 1994

Not As Clean As They Wanna Be: Intermediate Copying In Campbell V. Acuff-Rose, William S. Coats, David H. Kramer

UC Law SF Communications and Entertainment Journal

In Campbell v. Acuff-Rose, the United States Supreme Court discussed digital sampling technology and the question of fair use for the first time. While most of the attention given Campbell has involved the question of fair use, this article raises several interesting questions about the impact digital sampling will have on this unexplored area of copyright protection. The authors suggest creative incentives for original authors may be safeguarded by analyzing intermediate copying as a separate use of copyrighted work.

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