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Articles 1 - 7 of 7
Full-Text Articles in Law
E-Commerce And Equivalence: Defining The Proper Scope Of Internet Patents--Foreword, Sanjay Prasad, James T. Carmichael
E-Commerce And Equivalence: Defining The Proper Scope Of Internet Patents--Foreword, Sanjay Prasad, James T. Carmichael
Michigan Telecommunications & Technology Law Review
The diverse expression of views provided in the following papers provides a rich foundation for consideration of the issues surrounding the scope of Internet-type patents. On behalf of the Symposium writers and sponsors we invite you to continue consideration of the legal rules and policy implications surrounding this interesting and important subject.
The Emergence Of Website Privacy Norms, Steven A. Hetcher
The Emergence Of Website Privacy Norms, Steven A. Hetcher
Michigan Telecommunications & Technology Law Review
Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
Michigan Telecommunications & Technology Law Review
The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Michigan Telecommunications & Technology Law Review
This Article contends that part of the problem of Internet business model patents is the narrow view of analogous art employed by judges and USPTO examiners which largely excludes relevant "real-world" prior art in the determination of non-obviousness under § 103 of the Patent Act. Consequently, part of the solution lies in helping courts and the USPTO properly to define analogous art for a particular invention. To do so, judges and examiners must recognize the interchangeability of computer programming (i.e. "e-world" activities) to perform a function, with human or mechanical performance of the same function (i.e. "real world" activities). Such …
Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont
Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont
Michigan Telecommunications & Technology Law Review
The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Michigan Telecommunications & Technology Law Review
Part I of this Article addresses the appropriateness of protecting Internet innovations under the current patent regime. It concludes that the doctrinal, historical and policy arguments require different outcomes regarding computing (patentable subject matter) and competitive arts (at best a difficult fit) innovation. Part II argues that the new electronic economy has given rise to a particular kind of competitive arts "market failure" (interference with first-to-move lead-time incentives) which must be addressed. It concludes, however, that tinkering with the existing patent or copyright regimes is not only complex, but poses significant risks, and should be avoided. Part III sketches the …
E-Obviousness, Glynn S. Lunney Jr.
E-Obviousness, Glynn S. Lunney Jr.
Michigan Telecommunications & Technology Law Review
As patents expand into e-commerce and methods of doing business more generally, both the uncertainty and the risk of unjustified market power that the present approach generates suggest a need to rethink our approach to nonobviousness. If courts fail to enforce the nonobviousness requirement and allow an individual to obtain a patent for simply implementing existing methods of doing business through a computer, even where only trivial technical difficulties are presented, entire e-markets might be handed over to patent holders with no concomitant public benefit. If courts attempt to enforce the nonobviousness requirement, but leave undefined the extent of the …