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Articles 361 - 379 of 379
Full-Text Articles in Law
The First Sale Doctrine And Digital Phonorecords, Bob Hyde
The First Sale Doctrine And Digital Phonorecords, Bob Hyde
Duke Law & Technology Review
This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an author's exclusive right to reproduce the underlying musical work and this distribution is not subject to First Sale protection.
The Future Of Database Protection In U.S. Copyright Law, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser, Emelio Mena
The Future Of Database Protection In U.S. Copyright Law, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser, Emelio Mena
Duke Law & Technology Review
In the recent British Horseracing Board case, the English High Court signaled a return to the "sweat of the brow" standard of copyright protection. Although recent attempts have been made in the United States to protect databases under this standard, this iBrief argues that the information economy is wise to continuing protecting this data through trade secret, State misappropriation and contract law until legislation is passed.
Software Disclosure And Liability Under The Securities Acts, Carl C. Carl
Software Disclosure And Liability Under The Securities Acts, Carl C. Carl
Duke Law & Technology Review
Can a software company be liable under the securities laws when it sells securities without disclosing that it will not give free updates on current software as new technology makes them obsolete? What exactly must be disclosed and how does one say it without subjecting the company's business practices to close scrutiny? The Eleventh Circuit recently applied the time-honored standard of meaningful cautionary language to software companies in finding that the disclosures of a software company were enough to avoid liability under the securities laws when the company provided meaningful cautionary language in their prospectus.
Where The Wild Wind Blows: Genetically Altered Seed And Neighboring Farmers, Jill Sudduth
Where The Wild Wind Blows: Genetically Altered Seed And Neighboring Farmers, Jill Sudduth
Duke Law & Technology Review
In March 2001, agro-business giant Monsanto won a victory in Canadian Federal Court over Saskatchewan farmer Percy Schmeiser. This case sets international precedent for appropriated seed cases and illustrates the primary concerns American courts must face as they consider Monsanto's prosecution of 22 cases against American farmers.
Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick
Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick
Duke Law & Technology Review
On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unexpired United States patents by announcing a new rule for the somewhat obscure doctrine of prosecution history estoppel. Designed to foster clarity in patent applications, this new pronouncement in Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. allows for easy copying of some patented inventions and reduces patent owner's ability to prove infringement. This article outlines the change in the law and discusses the positive and negative consequences of the decision.
Ftc Vs. Toysmart, Daniel Bronski, Conway Chen, Matthew Rosenthal, Robert Pluscec
Ftc Vs. Toysmart, Daniel Bronski, Conway Chen, Matthew Rosenthal, Robert Pluscec
Duke Law & Technology Review
Last summer, Toysmart agreed to a settlement with the Federal Trade Commission concerning use of its customer information database. Under the terms of the settlement, the defunct Internet toy retailer was permitted to sell customer information without either providing its former customers notice or giving them an opportunity to block the sale or use of their personal information. This issue ignited a privacy-rights maelstrom, but ended anti-climatically for Toysmart; in January, Buena Vista Internet Group, a Disney subsidiary and 60% majority shareholder of Toysmart, agreed to compensate the company's creditors $50,000 for the privilege of destroying the database. U.S. Bankruptcy …
Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk
Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk
Duke Law & Technology Review
When digital television technology first hit the scene it garnered great excitement, with its promise of movie theater picture and sound on a fraction of the bandwidth of analog. A plan was implemented to transition from the current analog broadcasting system to a digital system effective December 23, 2006. As we reach the half point of this plan, the furor begins to die as the realities of the difficult change sink in.
The Fate Of Napster: Digital Downloading Faces An Uphill Battle, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser
The Fate Of Napster: Digital Downloading Faces An Uphill Battle, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser
Duke Law & Technology Review
First Diamond Multimedia, then MP3.com, now Napster. The recording industry, in a flurry to protect its copyrighted material, has waged an all-out battle against the dot-coms for the future of copyrighted music on the Internet. Since A&M Records, along with several other labels which comprise the Recording Industry Association of America (RIAA), filed suit against Napster, emotions have run high in the online community. Some have heralded this technology as a much-needed alternative to the strangling grasp of the major record labels; others view it as blatant theft of property. Students, musicians, computer programmers, trade organizations, and even the US …
Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde
Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde
Duke Law & Technology Review
The Yahoo! auction case illustrates the problems inherent in the lack of a common Internet jurisdictional structure. This iBrief argues that the application of local law allowed France to win a victory against domestic hate groups, but dealt a blow to free speech everywhere.
Are Online Business Transactions Executed By Electronic Signatures Legally Binding?, Carl Carl, Corey Ciocchetti, Wes Barton, Nathan Christensen
Are Online Business Transactions Executed By Electronic Signatures Legally Binding?, Carl Carl, Corey Ciocchetti, Wes Barton, Nathan Christensen
Duke Law & Technology Review
Most of us believe that we make contracts over the Internet all the time. We buy books and computers, arrange for hotels and planes, trade stocks, and apply for mortgages. But as recently as seven months ago that transaction was most likely not legally binding. This uncertainty led many practitioners, businesspeople, and consumers to question the efficacy of contracts executed by electronic signatures. Without a uniform standard, many jurisdictions ruled inconsistently, while other jurisdictions did not consider the issue. This disparate treatment threatened the legitimacy of online agreements and deprived both consumers and businesses of the certainty and predictability expected …
Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde
Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde
Duke Law & Technology Review
Billions of securities are traded every day in public and private markets around the world. This practice is hundreds of years old and as long as securities have been traded, someone has tried to defraud the system to make a quick buck. With the advent of the Internet, new securities fraud schemes have appeared.
Deutsche Telekom And Voicestream Merger: Charting A New Regulatory Course, Aaron Futch, Yemi Giwa, Andrew Grimmig, Kisa Mlela, Amy Richardson
Deutsche Telekom And Voicestream Merger: Charting A New Regulatory Course, Aaron Futch, Yemi Giwa, Andrew Grimmig, Kisa Mlela, Amy Richardson
Duke Law & Technology Review
On July 24, 2000, the German telecommunications giant Deutsche Telekom AG (Deutche Telekom) agreed to purchase the Bellvue, Washington based VoiceStream Wireless Corporation (VoiceStream) for over $50 billion. Although the merger may ultimately fall through, the response generated by the proposed merger indicates the future for deals between US and foreign-owned telecommunications companies. With the increasing globalization of the world's telecommunications markets, the Deutche Telekom deal represents the first time that a company dominated by a foreign government has attempted to purchase an American corporation. The signatories of the Basic Telecommunications Agreement, an agreement among World Trade Organization (WTO) members …
Who’S Afraid Of Amazon.Com V. Barnesandnoble.Com?, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Ian Jinkerson, Michael Kim
Who’S Afraid Of Amazon.Com V. Barnesandnoble.Com?, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Ian Jinkerson, Michael Kim
Duke Law & Technology Review
On October 2, 2000, the Court of Appeals for the Federal Circuit heard the appeal in the case of Amazon.com, Inc. v. Barnesandnoble.com, Inc. This appeal revolves around the alleged infringement by Barnesandnoble.com of a one-click web-shopping system patented by Amazon.com. The one-click system is among a series of recent controversial "business method" patents. According to some, business methods are legitimate inventions that deserve the protection of the US Patent and Trademark Office (PTO). According to others, business methods are unworthy of patent protection and may inhibit innovation in e-commerce. The outcome of this case has been widely anticipated by …
An Interview With Michael Froomkin, Kathleen E. Fuller
An Interview With Michael Froomkin, Kathleen E. Fuller
Duke Law & Technology Review
A. Michael Froomkin is an Administrative Law and Internet Law scholar from the University of Miami School of Law and a vigorous critic of the Internet Corporation for Assigned Names and Numbers (ICANN). He is the author of a controversial new law review article, Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution, 50 DUKE L.J. 17 (Oct. 2000), available at http://www.law.duke.edu/journals/dlj/. In his new article, Professor Froomkin argues that ICANN's relationship with the Department of Commerce is illegal. We interviewed Professor Froomkin via e-mail about his new article and about other recent ICANN-related events, …
Offshore Offerings By Foreign Entities: How Far Will The Sec Reach To Regulate?, Melvina Carrick, Matthew Crane, Jennifer Hu
Offshore Offerings By Foreign Entities: How Far Will The Sec Reach To Regulate?, Melvina Carrick, Matthew Crane, Jennifer Hu
Duke Law & Technology Review
Many countries' regulatory regimes, including that of the United States, traditionally require registration of all investment services offers or securities sales to their citizens. Many have claimed that the Internet will make such financial regulation obsolete. With the advent of the new technology, regulatory bodies across the globe have been forced to redefine what constitutes an offer to purchase securities within their borders. They have come up with a variety of models for regulating cross-border capital flows. Even countries with similar legal traditions such as Britain, the US, and Australia have taken different approaches.
The Fate Of Gene Patents Under The New Utility Guidelines
The Fate Of Gene Patents Under The New Utility Guidelines
Duke Law & Technology Review
The United States Patent and Trademark Office (PTO) recently finalized its patent utility guidelines. Promulgated by the PTO, the new guidelines will be used by patent examiners in determining whether a claimed invention should be awarded patent protection ;and will be used by patent applicants and attorneys who file patent applications. The guidelines focus primarily on the utility standards for gene and gene fragment patents, an issue that was featured in the PTO's 1999 Revised Interim Utility Guidelines and has been the subject of considerable public debate.
Cybersquatting: The Latest Challenge In Federal Trademark Protection, Justin Graham, Ashley Johnson, Emilio Mena, Neil Wolitzer
Cybersquatting: The Latest Challenge In Federal Trademark Protection, Justin Graham, Ashley Johnson, Emilio Mena, Neil Wolitzer
Duke Law & Technology Review
The explosion in Internet technology in the past decade has drawn the Lanham Act into the realm of electronic commerce. Trademark owners seeking to register domain names have recently found themselves entwined in a number of disputes, such as disputes involving claims to multiple domain names and disputes over whether the domain name registration system is fairly administered. One important legal issue that has recently come to the fore is over the practice of cybersquatting. Today, courts must contend with the cybersquatter, a speculator who reserves trademarks as Internet domain names for the sole purpose of selling or licensing them …
Icann: The Debate Over Governing The Internet, Kathleen E. Fuller
Icann: The Debate Over Governing The Internet, Kathleen E. Fuller
Duke Law & Technology Review
Since its creation, the Internet Corporation for Assigned Names and Numbers (ICANN) has been the subject of criticism and controversy. ICANN is a private non-profit corporation that operates under contract with the US Department of Commerce. It was created at the request of the government for the purpose of privatizing the Domain Name System (DNS), the addressing system on which the Internet depends. The creation of ICANN in 1998--what some have called cyberspace's own "constitutional moment" -- represented a substantial shift in power to control the Internet from government to private industry. Today, ICANN is facing a virtual revolt. Domain …