Law Commons^™

United States V. Councilman: An Appropriate Expansion Of Internet Privacy Rights?, Robert Roll

Computer Law Review and Technology Journal

The technological advances of the last quarter century that permitted the explosion of the Internet simultaneously generated significant abuses of this technology. Congress and the courts responded to each innovation by creating what has become a broad patchwork of remedies intended to deter Internet crime. Though e-mail does not enjoy the same expectation of privacy as other mediums of communication, these remedies overlap to provide recourse in the event of unauthorized access or viewing. To date, the Electronic Communications Privacy Act ("ECPA") represents one of the most effective of these deterrents by imposing civil and criminal penalties on those who …

Applying The Lessons Of Re-Examination To Strengthen Patent Post-Grant Opposition, Eric B. Chen

Computer Law Review and Technology Journal

Due to the exceedingly high cost of challenging patent validity in U.S. district courts, a lower cost administrative option has garnered considerable interest. A recent evaluation found that 46% of litigated patents are held invalid. However, because about 95% of patents issued in the U.S. are never challenged due to their limited commercial value, and since the resources of the United States Patent and Trademark Office (USPTO) are limited, the USPTO's initial patent validity examinations are not very detailed It is more efficient for the USPTO to wait and make detailed validity decisions only in those select situations where patent …

Microsoft Liable For Patent Infringement Of Software Installed Overseas, Ari Rafilson

Computer Law Review and Technology Journal

In a case that is sure to have major repercussions for the domestic software industry, the Federal Circuit Court held Microsoft liable for damages arising from foreign-made copies of Windows software containing patent- infringing code.1 The issue in AT&T Corp. v. Microsoft Corp. was whether a software manufacturer could be held liable for patent infringement when it exported software from the United States and foreign computer manufacturers subsequently copied and installed the software onto foreign computers. Under 35 U.S.C. § 271(f), liability only arises when components of a patent-infringing invention are supplied from the United States to foreign countries. Microsoft …

Electronic Case Filing: What Happens When Counsel Does Not Receive Email Notices?, Elisabeth A. Wilson

Computer Law Review and Technology Journal

Courts across the United States are moving toward implementing Electronic Case Filing ("ECF") procedures, with many courts making ECF mandatory in most cases. With this new technology gaining popularity, novel issues are emerging as the difficulties and challenges with the procedures reveal themselves. Familiar disputes over notice and presumption of delivery are cast in the new light of computer glitches and technological snags. American Boat Co. v. Unknown Sunken Barge is one of the first electronically filed cases to surface at the federal appellate level with such issues. The Eighth Circuit articulates important factors to consider when analyzing whether a …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

The Narrowed Experimental Use Exception To Patent Infringement And Its Application To Patented Computer Software, Robert A. Migliorini

Computer Law Review and Technology Journal

The common law experimental use exception has existed since the early I800s as a defense to patent infringement where the use of the patented invention by the alleged infringer is for the mere purpose of intellectual curiosity, amusement or philosophical experimentation with no underlying business or commercial motive, or to confirm that an invention works the way it is disclosed in the patent specification. In the last six years, the U.S. Court of Appeals for the Federal Circuit has further defined and narrowed the scope of the exception by making not for profit institutions liable for patent infringement when using …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Employees' Use Of Employer Computers To Communicate With Their Own Attorneys And The Attorney-Client Privilege, John Gergacz

Computer Law Review and Technology Journal

This article will analyze the balance between privilege and confidentiality in the electronic age. Three scenarios will be discussed: first, whether the mere use of employer-technology affects the employee's privilege claim; second, how an employer's no-personal-use policy may defeat an employee's confidentiality expectation and undermine the privilege claim; and third, whether encrypting those messages nullifies the effect of the employer's policy.

New Rules For Electronic Discovery, So Now What?: Daubert's Impact On Determining What Is Not Reasonably Accessible, Neal H. Lewis

Computer Law Review and Technology Journal

This article addresses the effects of technological growth on the development of electronic discovery as suggested by the latest amendments to the Federal Rules of Civil Procedure. Part I discusses American efforts to facilitate technological growth, underscoring the United States' embrace of technological innovation and recognizing the legal system's capability of handling complex issues associated with emerging technology. Part II outlines a brief history of the Federal Rules of Civil Procedure, identifying flexibility as the hallmark of American procedural jurisprudence and emphasizing the role that discovery abuse concerns have played in the rule modifications. It then touches on the recent …

The World Summit On The Information Society And The Future Of Internet Governance, Travis D. Shahan

Computer Law Review and Technology Journal

The final meeting of the World Summit on the Information Society (WSIS), which concluded in November 2005, was built up to be a showdown over the future of Internet governance. When the dust cleared, the issue of Internet governance was still far from settled. For the most part, the delegates to the WSIS agreed to maintain the status quo for the time being, but they also agreed to a mechanism for continuing the Internet governance debate in the future. This paper will analyze the most notable agreements of the WSIS and their effects on the future of Internet governance.

Defining Abusive Software To Protect Computer Users From The Threat Of Spyware, Chad A. Kirby

Computer Law Review and Technology Journal

"Spyware" has become a major problem for computer users over the past few years. In response, quite a few states have enacted statutes intended to control the problem. But most of the existing legislation has taken the wrong approach to the problem of defining spyware. Generally speaking, most legislative definitions of spyware either have been too technology-specific to adapt to future developments, or have swept too broadly. Additionally, many legislative definitions of spyware have focused too little on protecting consumers. This article argues that any effective regulatory definition must have three characteristics: 1) it must protect the user's control over …

Polygraph In Trade Secret Litigation: Overcoming Misconceptions And Paving The Way For Admissibility, Elisabeth A. Wilson

Computer Law Review and Technology Journal

Ponder for a moment what you know about polygraph. Polygraph is sometimes referred to as a "lie detector" test. You may have seen a polygraph exam on television or a movie, but most people have a very limited understanding of what a polygraph examination really is. In fact, most depictions of polygraph seen in popular culture are overwhelmingly misleading and inaccurate. Likewise, the legal community's understanding of polygraph and how it can be utilized is scant, at best.

Courts have been divided for years over what role polygraph should play in litigation and have struggled with questions of admissibility. Confusion …

Judges As "Amateur Scientists", David L. Faigman

Faculty Scholarship

No abstract provided.

Dawn Of The Death Of Distributed Denial Of Service: How To Kill Zombies, Lilian Edwards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Software Copyright Law And The Digital Millennium Copyright Act Under The Microscope: Blizzard V. Bnetd As The Lens, David Brett Kinitsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Wither The States? Comments On The Daca Federal-State Framework, Paul Teske

Colorado Technology Law Journal

No abstract provided.

Misunderstanding The Layered Model(S), Douglas C. Sicker, Lisa Blumensaadt

Colorado Technology Law Journal

No abstract provided.

Adventures In Software Licensing: Sco V. Ibm And The Future Of The Open Source Model, Andrew Lafontaine

Colorado Technology Law Journal

No abstract provided.

National Security On The Line, Susan Landau

Colorado Technology Law Journal

No abstract provided.

Telecom Regulation For The 21st Century: Avoiding Gridlock, Adapting To Change, Robert C. Atkinson

Colorado Technology Law Journal

No abstract provided.

Video Games: The Oddly Familiar Terms Of Debate About Telco Entry Into The Video Services Market, Jonathan E. Nuechterlein

Colorado Technology Law Journal

No abstract provided.

Why Have A Telecommunications Law? Anti-Discrimination Norms In Communications, Tim Wu

Colorado Technology Law Journal

No abstract provided.

Mistrust-Based Digital Rights Management, Randal C. Picker

Colorado Technology Law Journal

No abstract provided.

Don't Mess With Success: Government Technology Mandates And The Marketplace For Online Content, Gigi B. Sohn

Colorado Technology Law Journal

No abstract provided.

The 99¢ Question, Christopher Sprigman

Colorado Technology Law Journal

No abstract provided.

Representing Value As Digital Objects: A Discussion Of Transferability And Anonymity, Robert E. Kahn, Patrice A. Lyons

Colorado Technology Law Journal

No abstract provided.

Iptv: Public Interest Pitfalls, Micah Schwalb

Colorado Technology Law Journal

No abstract provided.

Shedding Tiers For A La Carte? An Economic Analysis Of Cable Tv Pricing, Thomas W. Hazlett

Colorado Technology Law Journal

No abstract provided.

Linguistics As A Knowledge Domain In The Law, Janet Ainsworth

Faculty Articles

This article focuses on the use of linguistic expertise by trial courts to aid in fact-finding. It identifies many of the ways the legal system has been enriched by donations from linguistic scholarship. In addition, it discusses the underutilized-at-present use of linguistic knowledge by appellate courts as a tool for crafting and applying doctrinal rules. Whereas courts have adopted economics analysis in determining appropriate legal rules, linguistic science has been neglected. Linguistic predictions are more testable and falsifiable than economic predictions. Linguistic research can be useful—particularly in the areas of comprehensibility of texts and resolving textual ambiguity. Indeed, legislatures and …