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Articles 181 - 191 of 191
Full-Text Articles in Law
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Richmond Journal of Law & Technology
The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …
Letter From The Editor, Richard P. Klau
Letter From The Editor, Richard P. Klau
Richmond Journal of Law & Technology
What a year! While it has only been ten months since we published our first issue, the progress made in the electronic publication of legal information has been incredible. When we published in April of 1995, many wondered whether or not we would have much company in cyberspace. There were those who scoffed at our efforts, saying that using the Internet as a publication medium was little more than a gimmick.
Self Incrimination And Cryptographic Keys, Greg S. Sergienko
Self Incrimination And Cryptographic Keys, Greg S. Sergienko
Richmond Journal of Law & Technology
The Fifth Amendment commands that no person "shall be compelled in any criminal case to be a witness against himself." However, extending current judicial interpretations of the Fourth and Fifth Amendments too far may allow the government easy access even to private documents, making one's diary and other documents accessible and admissible in court against their author. What the Court has taken away, technology has given. Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key, thus making the availability of the contents of those documents depend on the availability of the key. This article examines …
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Richmond Journal of Law & Technology
In one way or another, the Internet has affected or will affect our lives in a profound fashion. The Internet has fundamentally changed the way society works and plays by providing an inexpensive medium to obtain information and communicate with others. The current generation of children will be educated through computer communication, rather than from the confines of a dusty library with outdated books. However, the benefits of rapid Internet development have also opened a Pandora's box of legal issues and concerns which merit careful consideration. With roots in over 160 countries, and without a centralized authority, many now consider …
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Richmond Journal of Law & Technology
Copyright is designed to provide some form of protection against unauthorized use of original informational materials. The rapid shift of information production and distribution to electronic form, with its corresponding ease of copying, naturally makes copyright-dependent industries nervous. Much talk in the news and on the "net" these days is about the future of copyright law, a law developed in an age of print and now perhaps too tied to that medium to have ready application to today's information technology.
Letter From The Editor, Richard P. Klau
Letter From The Editor, Richard P. Klau
Richmond Journal of Law & Technology
Over the last eight months, several people have asked why we decided to publish The Journal exclusively online. These concerns are not insignificant -- any embrace of a new technology should be made without blinders on. We were excited by the possibilities of publishing online, but the fears that we would not be taken seriously were very real. These fears have, however, been overcome by the enthusiasm which has greeted The Journal.
Overreaching Provisions In Software License Agreements, Michael Liberman
Overreaching Provisions In Software License Agreements, Michael Liberman
Richmond Journal of Law & Technology
Historically, software license agreements emerged as the most popular means of protection of proprietary rights in computer software. As a common form of contract and trade secret protection, software licenses coexist with other forms of intellectual property rights such as patent and copyright. The importance of these forms of protection has recently increased. Where the licensor fails to consider the implications of the relation between these forms of protection, the licensor's attempts to maximize contractual protection while restricting the licensee's activities regarding the licensed software may result in overreaching. Under these circumstances, a court may invalidate the license agreement in …
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Richmond Journal of Law & Technology
The company that controls the interface of the next major operating system will have the ability to set the standards for application software. It was not surprising that Apple Corporation began its fight to stop Windows from being that major operating system after Microsoft Corporation introduced the various versions of its Windows software and announced plans for this program to replace the already widely selling DOS operating system. Unfortunately, Apple chose to conduct this war on the complex and often confusing battleground of copyright law, which ultimately proved to be its downfall.
Welcome To The Journal, David R. Johnson
Welcome To The Journal, David R. Johnson
Richmond Journal of Law & Technology
I applaud your decision to visit the Richmond Journal of Law & Technology. If you are a newbie, Welcome to Cyberspace! If a seasoned net surfer, then you fully appreciate that the number and complexity of the legal issues facing the net is growing every day.
Lawfutures, Or, Will You Still Need Me, Will You Still Feed Me, When I'M Sixty Four?, Stephen T. Maher
Lawfutures, Or, Will You Still Need Me, Will You Still Feed Me, When I'M Sixty Four?, Stephen T. Maher
Richmond Journal of Law & Technology
I cannot imagine what it was like to practice law without a photocopy machine. In the first years of my practice, I received a few briefs typed the old fashioned way, on onion-skin paper with five sets of carbons in between. But since then, we have witnessed a continuing march of progress in information processing. From the mag card, to the memory typewriter, to the System 6, to the dedicated word processor, to the personal computer and now to the computer network, we have seen technology, when working correctly, providing tremendous assistance in meeting the demands of our busy lives. …
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Richmond Journal of Law & Technology
Use of the global Internet computer network is rising exponentially. As Internet subscription increases disagreements between users are expected to arise, just as where any sizeable number of human beings interact, disagreements may be expected to arise. To date, on-line disputes have been primarily dealt with via informal solutions, such as the polite conventions of "netiquette" shared by Internet users. However, as the community of Internet users grows increasingly diverse, formal dispute resolution mechanisms, embodied as law and legal institutions, may be called upon by the parties to resolve disagreements. For example, several acrimonious disputes have already arisen over the …