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Articles 7261 - 7290 of 8847

Full-Text Articles in Law

Curbing Copyright Infringement In Cyberspace: Using Mediakey To Stop The Bleeding, 21 J. Marshall J. Computer & Info. L. 325 (2003), John R. Perkins Jr. Jan 2003

Curbing Copyright Infringement In Cyberspace: Using Mediakey To Stop The Bleeding, 21 J. Marshall J. Computer & Info. L. 325 (2003), John R. Perkins Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses a solution to copyright infringement on the Internet. The solution combines legal and technical aspects so the solution is very specific but also practical. The paper proposes a solution to use technological protection similar to that found in the federal statute prohibiting circumvention of technological protection measures. The paper then concludes with how difficult his solution and other proposed changes will be to enact because of opposition it will receive from many sides.

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Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins Jan 2003

Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins

UIC John Marshall Journal of Information Technology & Privacy Law

This comment addresses the right to free speech on the Internet. The International Covenant on Civil and Political Rights, an instrument designed to protect the rights of individuals to free speech and expression, is analyzed for effectiveness. The author argues that the “ICCPR”, the most recent international human rights agreement, does not adequately protect Internet users, particularly from governments that may choose to violate citizens’ rights by interfering with computerized communications. The analysis of the “ICCPR” illustrates the purpose, capabilities and weaknesses of the agreement, and offers proposed changes to the act, to protect the rights of both the individual …

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The “Cost” Of Securing Domestic Air Travel, 21 J. Marshall J. Computer & Info. L. 405 (2003), Eric J. Miller Jan 2003

The “Cost” Of Securing Domestic Air Travel, 21 J. Marshall J. Computer & Info. L. 405 (2003), Eric J. Miller

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores the security measures utilized for airline travel. Early airport security is compared to post 911 airport security. Various traveler search methods are analyzed against the backdrop of the Fourth and Fifth Amendments. Included is an analysis of effectiveness, legality, and policy considerations of current security measures. Finally, the author proposes alternative security measures addressing the effectiveness, legality and policy considerations of such proposed solutions.

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Expanding The Dmca: The Importance Of Regulating Computer Code, 21 J. Marshall J. Computer & Info. L. 575 (2003), Luke Antonsen Jan 2003

Expanding The Dmca: The Importance Of Regulating Computer Code, 21 J. Marshall J. Computer & Info. L. 575 (2003), Luke Antonsen

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Online Collaborative Media And Political Economy Of Information: A Case Study, 21 J. Marshall J. Computer & Info. L. 515 (2003), Caio M. S. Pereira Neto Jan 2003

Online Collaborative Media And Political Economy Of Information: A Case Study, 21 J. Marshall J. Computer & Info. L. 515 (2003), Caio M. S. Pereira Neto

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Locked Out: The New Hazards Of Reverse Engineering, 21 J. Marshall J. Computer & Info. L. 601 (2003), Carla Meninsky Jan 2003

Locked Out: The New Hazards Of Reverse Engineering, 21 J. Marshall J. Computer & Info. L. 601 (2003), Carla Meninsky

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, Meninsky contends the technological practice of reverse engineering of replacements parts and other interoperable products, which has been used to circumvent digital locks and otherwise gain access to copyrighted material and information protected as trade secrets, has been upheld by courts as fair use. This practice is discussed within the context of the Digital Millenium Copyright Act (“DMCA”), which prohibits methods employed to “circumvent a technological measure that effectively controls access to a copyrighted work” while providing a limited exemption for reverse engineers in certain circumstances. Meninsky finds that the DMCA, in effect, thwarts competition, stunts technological …

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Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik Jan 2003

Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik

UIC John Marshall Journal of Information Technology & Privacy Law

The publicity about weblogs has neglected to warn against the risks of legal liability. Whether you want to impart words of wisdom or copy something that caught your interest, the temptation to "borrow" is too great and too easy in Cyberspace. Whereas the typical Internet user may have heard of "copyright" or "trademark," they are unaware of the complexities and nuances of these areas of law. The legal tests and standards may be too sophisticated for the average user. Even practitioners and courts are grappling with what legal standards and interpretations are to be applied in Cyberspace, thus, leading to …

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Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin Jan 2003

Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.

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The Do-Not-Call Registry Model Is Not The Answer To Spam, 22 J. Marshall J. Computer & Info. L. 79 (2003), Richard C. Balough Jan 2003

The Do-Not-Call Registry Model Is Not The Answer To Spam, 22 J. Marshall J. Computer & Info. L. 79 (2003), Richard C. Balough

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses why a system to combat unwanted Internet spam, or junk e-mail, should not be modeled after the Do-Not-Call registry developed to curtail telemarketing phone calls. The Do-Not-Call registry is an "opt-out" system where consumers must place their phone numbers on a list that designates them as consumers unwilling to accept telemarketing calls. In the Internet spam context, this article argues that to force Internet users to place their e-mail addresses on a similar do-not-spam list could lead to potential problems. For example, if a would-be spammer was to get a hold of that list, she or he …

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After Can-Spam, How States Can Stay Relevant In The Fight Against Unwanted Messages:How A Children's Protection Registry Can Be Effective And Is Not Preempted, Under The New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003), Matthew B. Prince Jan 2003

After Can-Spam, How States Can Stay Relevant In The Fight Against Unwanted Messages:How A Children's Protection Registry Can Be Effective And Is Not Preempted, Under The New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003), Matthew B. Prince

UIC John Marshall Journal of Information Technology & Privacy Law

The recipe for success to combat unsolicited and unwanted e-mail, otherwise known as spam, has not yet been formulated by the thirty-six states that have tried by enacting their own versions of anti-spam laws. Only two state prosecutions were ever successfully brought against spammers, and only one was able to enforce its law against an out-of-state spammer. Now, on the federal level, with the passing of the CAN-SPAM act, which essentially rehashes what states have attempted to do, the failure to provide any significant measure of national success against spam seems likely. However, a careful reading of the language of …

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A Further Darkside To Unsolicited Commercial E-Mail? An Assessment Of Potential Employer Liability For Spam E-Mail, 22 J. Marshall J. Computer & Info. L. 179 (2003), Ben Dahl Jan 2003

A Further Darkside To Unsolicited Commercial E-Mail? An Assessment Of Potential Employer Liability For Spam E-Mail, 22 J. Marshall J. Computer & Info. L. 179 (2003), Ben Dahl

UIC John Marshall Journal of Information Technology & Privacy Law

This article looks at employer liability for pornographic spam in the workplace. It begins with an analysis of the risks and unique problems posed by employees’ Internet use while at work. The article makes note of some trouble areas where employers may be held vicariously liable for sexual harassment. It is suggested that employers protect themselves by taking steps to: 1) reduce the prevalence of unsolicited commercial e-mail in the workplace; 2) mute the potential harm of offensive e-mail; and 3) create a paper trail indicating diligence in the fight to protect employees. Employers may reach these goals by the …

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Spam And Beyond: Freedom, Efficiency, And The Regulation Of E-Mail Advertising, 22 J. Marshall J. Computer & Info. L. 141 (2003), Richard Warner Jan 2003

Spam And Beyond: Freedom, Efficiency, And The Regulation Of E-Mail Advertising, 22 J. Marshall J. Computer & Info. L. 141 (2003), Richard Warner

UIC John Marshall Journal of Information Technology & Privacy Law

Traditional forms of mailing advertisers bear the full cost of delivering advertisements to consumers. However, this is not true in the form of all e-mail advertisement, spam or not. E-mail users subsidize part of any e-mail advertisement, thereby splitting costs between advertiser and the consumer who receives the e-mail advertisement. This article takes the position that the subsidization that occurs in e-mail advertisement should be eliminated because it unjustifiably violates individual freedom. The article discusses why the delivery charges between sender and recipient are divided, why such cost-division violates freedom, and whether the violation is justified. The article also defines …

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Wireless Spam This Way Comes: An Analysis Of The Spread Of Wireless Spam And The Present And Proposed Measures Taken To Stop It, 22 J. Marshall J. Computer & Info. L. 229 (2003), Bridget O'Neill Jan 2003

Wireless Spam This Way Comes: An Analysis Of The Spread Of Wireless Spam And The Present And Proposed Measures Taken To Stop It, 22 J. Marshall J. Computer & Info. L. 229 (2003), Bridget O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

Spam in the form of unsolicited unwanted e-mail is already a recognized concern in the United States. However, a different type of spam, wireless spam, is starting to make its way to the United States. Wireless spam targets items cell phones with text messaging capabilities, pagers, and personal digital assistants (PDAs). These devices tend to be heavily relied on by their respective owners who bring these devices wherever they go, so to receive wireless spam represents a greater level of privacy intrusion. This article analyzes the various legislative measures that have been considered to regulate spam. It recognizes that most …

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Spamming For Legal Services: A Constitutional Right Within A Regulatory Quagmire, 22 J. Marshall J. Computer & Info. L. 97 (2003), William E. Hornsby, Jr. Jan 2003

Spamming For Legal Services: A Constitutional Right Within A Regulatory Quagmire, 22 J. Marshall J. Computer & Info. L. 97 (2003), William E. Hornsby, Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

This article addresses the regulatory schemes applied to lawyers who advertise their legal services to consumers through electronic communications. Concerns have arisen about lawyers using electronic communications to offer their services to their targeted communities. Since the Supreme Court’s 1977 decision in Bates, lawyers have been able to advertise their services without state permission. However, states have imposed ethical regulations in an effort to ensure that lawyers do not over reach their boundaries during such advertising efforts. The question is raised as to whether states’ spam rules also apply to lawyers who choose to advertise over the Internet. This article …

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Examination Of The Model Rules Of Professional Conduct Pertaining To The Marketing Of Legal Services In Cyberspace, 22 J. Marshall J. Computer & Info. L. 113 (2003), Matthew T. Rollins Jan 2003

Examination Of The Model Rules Of Professional Conduct Pertaining To The Marketing Of Legal Services In Cyberspace, 22 J. Marshall J. Computer & Info. L. 113 (2003), Matthew T. Rollins

UIC John Marshall Journal of Information Technology & Privacy Law

Advancements in technology have allowed lawyers to reach new and bigger audiences. As a result, the American Bar Association (ABA) modified the Model Rules of Professional Conduct to provide a guideline lawyers can follow regarding the propriety of marketing their legal services over the Internet. This article examines the changes in the Model Rules and the effects of these changes on lawyers advertising their legal services on the Internet. Also discussed are the issues of whether anti-spam laws are binding on lawyers and whether it is proper for lawyers to advertise over the Internet. The ban on chat room solicitation …

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Vendor Liability For Advertising In Unsolicited Commercial E-Mail, 22 J. Marshall J. Computer & Info. L. 137 (2003), Anne P. Mitchell Jan 2003

Vendor Liability For Advertising In Unsolicited Commercial E-Mail, 22 J. Marshall J. Computer & Info. L. 137 (2003), Anne P. Mitchell

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses whether vendors should be held liable for spam. Vendors are those companies whose products or services are being peddled in spam advertising. Yet, vendors disclaim responsibility for the issuance of spam because they were not the ones who actually sent the spam in the first place. This article takes the stance that because vendors contribute and or benefit from the wrongful acts of the actual spammers, vendors should not be able to escape liability by blaming the primary actors, the spammers. Further, if vendors were to be held liable for spam, they would be an easier entity …

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 261 (2003), Abby K. Lill, Leopold E. Wetula, Nathan J. Wills Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 261 (2003), Abby K. Lill, Leopold E. Wetula, Nathan J. Wills

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Where's The Beef? Dissecting Spam's Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003), Eric Goldman Jan 2003

Where's The Beef? Dissecting Spam's Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003), Eric Goldman

UIC John Marshall Journal of Information Technology & Privacy Law

This article seeks to identify areas that truly require legislative intervention by examining the harms purportedly caused by spam. Identifying exactly what constitutes spam is an imprecise task since one e-mail may be junk to one and an important e-mail to another. The article attempts to analyze why consumers feel strongly against spam. This reaction is compared to consumers’ comparatively tolerant reaction to other unwanted advertisement in different mediums, such as billboards or magazine advertisements. Several factors are considered, such as the waste of time associated with sorting spam, the loss of consumers’ control over their in-boxes, and the annoyance …

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 22 J. Marshall J. Computer & Info. L. 335 (2003), Steven Anderson, Chad Edgington, Shannon Goss Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 22 J. Marshall J. Computer & Info. L. 335 (2003), Steven Anderson, Chad Edgington, Shannon Goss

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Intel V. Hamidi: Spam As A Trespass To Chattels - Deconstruction Of A Private Right Of Action In California, 22 J. Marshall J. Computer & Info. L. 205 (2003), J. Brian Beckham Jan 2003

Intel V. Hamidi: Spam As A Trespass To Chattels - Deconstruction Of A Private Right Of Action In California, 22 J. Marshall J. Computer & Info. L. 205 (2003), J. Brian Beckham

UIC John Marshall Journal of Information Technology & Privacy Law

This casenote analyzes and critiques the decision reached by the California Supreme Court in Intel v. Hamidi. Intel v. Hamidi runs contrary to other cases that have found a cause of action for trespass to chattels where harm was caused by unwanted electronic communications: Thrifty-Tel, Inc. v. Benezek, eBay v. Bidder’s Edge, and CompuServe v. Cyber Promotions. The California Supreme Court in Intel v. Hamidi suggested other causes of action Intel could have brought instead of trespass to chattels. The casenote looks at each proffered alternative and concludes that none of the alternatives were feasible and that Intel should have …

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 22 J. Marshall J. Computer & Info. L. 247 (2003), Terry Fernbach Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 22 J. Marshall J. Computer & Info. L. 247 (2003), Terry Fernbach

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 301 (2003), Daniel Crespo, Ryan Levine, Brian Walters Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 301 (2003), Daniel Crespo, Ryan Levine, Brian Walters

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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The Post-Festo World Of Equivalents, 2 J. Marshall Rev. Intell. Prop. L. 182 (2003), Michael D. Kaminski Jan 2003

The Post-Festo World Of Equivalents, 2 J. Marshall Rev. Intell. Prop. L. 182 (2003), Michael D. Kaminski

UIC Review of Intellectual Property Law

The Supreme Court again began to delve into substantial patent issues by addressing the interplay between prosecution history estoppel and the doctrine of equivalents. An analysis of the opinions in the Federal Circuit’s en banc ruling, together with the Supreme Court’s own decision may help to clarify some of the unanswered questions still lingering regarding what equivalents are available and when. The prosecution history will take a more prominent place in the minds of both patent prosecutors and litigators as courts attempt to determine the appropriate relationship between prosecution history estoppel and the doctrine of equivalents.

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How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier Jan 2003

How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier

UIC Review of Intellectual Property Law

Because Supreme Court review is essentially discretionary, it is increasingly rare for the Court to hear an argument concerning Intellectual Property rights. However the Supreme Court will critically review cases that belong in one of four distinct categories. These include cases in which: (1) lower court decisions conflict, (2) lower courts have departed from accepted and usual court proceedings, (3) an important federal question is decided, and (4) lower courts have departed from Supreme Court precedent. This article provides practitioners with some guidance in determining whether the Supreme Court is likely to review a lower court decision on an Intellectual …

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Navigating The Bankruptcy Waters In A Domain Name Rowboat, 3 J. Marshall Rev. Intell. Prop. L. 61 (2003), Beverly A. Berneman Jan 2003

Navigating The Bankruptcy Waters In A Domain Name Rowboat, 3 J. Marshall Rev. Intell. Prop. L. 61 (2003), Beverly A. Berneman

UIC Review of Intellectual Property Law

The combination of rapidly emerging technologies and changes in intellectual property and information technology law has resulted in new species of property and contract rights, such as Internet domain names. While some laws that were enacted before the rise of the Internet cannot be reconciled with the issues raised by domain names, the Bankruptcy Code appears to be equipped with the tools to handle most issues raised by this new species of property. This article discusses how domain names are treated during bankruptcy, how the Bankruptcy Code can be used to protect the function and value of a debtor's domain …

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Is The Experimental Use Exemption For Patent Infringement Still Needed?, 3 J. Marshall Rev. Intell. Prop. L. 103 (2003), Melanie K. Kitzan Haindfield Jan 2003

Is The Experimental Use Exemption For Patent Infringement Still Needed?, 3 J. Marshall Rev. Intell. Prop. L. 103 (2003), Melanie K. Kitzan Haindfield

UIC Review of Intellectual Property Law

The judicially created experimental use exemption has traditionally been a limitation on a patent holder’s rights because it allows patent infringing activities involving research for mere curiosity or amusement. This exemption was later modified to further protect any research performed by institutions not having a profit motive for the patent infringement, resulting in many institutions freely infringing patented inventions, knowing that broad protection was available under the experimental use exemption. However, in 2002 the Federal Circuit effectively ended the experimental use exemption as a defense for academic institutions, by recognizing that academic institutions can be held liable for infringement for …

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Empowering The Wind: Overcoming Obstacles To Wind Energy Development In The United States, Dave Newman Jan 2003

Empowering The Wind: Overcoming Obstacles To Wind Energy Development In The United States, Dave Newman

Sustainable Development Law & Policy

This paper analyzes the development of the wind industry in the United States and the policies and programs that have been used to spur its growth. Section One discusses the economic and environmental benefits of wind energy today and tracks its recent growth within the U.S. and around the world. Section Two identifies and explains many of the obstacles to growth, including price distortions, discriminatory transmission policies, infrastructure limitations, and local opposition. Section Three includes a discussion of the federal and state incentives in place today and analyzes their impact on wind energy development throughout the country. Section Four provides …

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Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller Jan 2003

Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller

Journal of Health Care Law and Policy

No abstract provided.

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Contrary To First Impression, Genes Are Patentable: Should There Be Limitations?, Amanda S. Pitcher Jan 2003

Contrary To First Impression, Genes Are Patentable: Should There Be Limitations?, Amanda S. Pitcher

Journal of Health Care Law and Policy

No abstract provided.

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University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh-Dole Act, 36 J. Marshall L. Rev. 397 (2003), Clovia Hamilton Jan 2003

University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh-Dole Act, 36 J. Marshall L. Rev. 397 (2003), Clovia Hamilton

UIC Law Review

No abstract provided.

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