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Articles 1 - 7 of 7
Full-Text Articles in Law
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
Faculty Publications
No abstract provided.
Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Faculty Publications
On April 3, 2000, U.S. District Judge Thomas Penfield Jackson declared that the Microsoft Corporation ("Microsoft") had maintained monopoly power in the personal computer operating system market by anticompetitive means, in violation of Section 2 of the Sherman Antitrust Act. A case of enormous significance, Microsoft raises difficult questions regarding how antitrust laws should be applied to information technology ("IT') companies. Specifically, many characteristics of what has come to be called the "New Economy" - and of the IT companies within it - suggest that traditional monopolization analysis may need modification. As the U.S. has moved toward an information- based …
A Symposium Précis, Thomas E. Baker
A Symposium Précis, Thomas E. Baker
Faculty Publications
This article is an introduction to and overview of the Drake University Law School symposium The Constitution and the Internet, held in February of 2001. It highlights important issues including the Constitution and the Internet, civil liberty and the application of a 200 year old document to the modern age of rapidly changing technology.
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
Faculty Publications
This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.
Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno
Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno
Faculty Publications
No abstract provided.
Does Technology Require New Law?, David D. Friedman
Does Technology Require New Law?, David D. Friedman
Faculty Publications
Technological change affects the law in at least three ways: (1) by altering the cost of violating and enforcing existing legal rules; (2) by altering the underlying facts that justify legal rules; and (3) by changing the underlying facts implicitly assumed by the law, making existing legal concepts and categories obsolete, even meaningless. The legal system can choose to ignore such changes. Alternatively, it may selectively alter its rules legislatively or via judicial interpretation. In this essay I first discuss, as an interesting historical example, past technological changes relevant to copyright law and the law's response. I then go on …
Irreconcilable Differences: Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Irreconcilable Differences: Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Faculty Publications
This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …