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Articles 1 - 7 of 7

Full-Text Articles in Law

Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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.


Lawfutures, Or, Will You Still Need Me, Will You Still Feed Me, When I'M Sixty Four?, Stephen T. Maher Jan 1995

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 Jan 1995

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 …


Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv Jan 1995

Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv

Richmond Journal of Law & Technology

Imagine the following: It's New Year's Eve, 1994, and as twilight falls you start to clean off your desk and get ready to go home. On top of your "Out" tray is a copy of a patent application for American Corporation that you filed with the Patent and Trademark Office last week. A-Corp., one of your largest clients, is the nation's largest manufacturer of business office furniture. The patent application is for A-Corp's new "Security Cabinet," a device that protects sensitive computer disks and video- tapes from electromagnetic contamination. The Security Cabinet was unveiled at an office supply trade show …