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Full-Text Articles in Law
Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker
Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker
Duke Law & Technology Review
The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?
Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet
Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet
Duke Law & Technology Review
In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central to the effort is the increased purchasing of prescription drugs over the Internet. This iBrief explores the benefits and risks to consumers from buying drugs online, and examines recent initiatives to police the online pharmacy industry.
Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw
Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw
Duke Law & Technology Review
In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system's filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors.
Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue
Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue
Duke Law & Technology Review
Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services in light of a Justice Department antitrust investigation into the practices of the labels in allegedly quashing smaller distributors and colluding to stifle competition, and considers the ramifications of an antitrust suit for both the major labels and their competitors.
Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares
Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares
Duke Law & Technology Review
E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11.
Egregious Error Or Admirable Advance: The Memorandum Of Understanding That Enables Federally Funded Basic Human Embryonic Stem Cell Research, Amy Ligler
Duke Law & Technology Review
Nothing contained herein shall be considered to be the grant of a commercial license or right under the Wisconsin Patent Rights or to Wisconsin Materials. Furthermore, nothing contained herein shall be construed to be a waiver of WiCell's patent rights under the Wisconsin Patent Rights or WiCell's property rights in Wisconsin Materials.
Liberty For Security, Morgan Streetman
Liberty For Security, Morgan Streetman
Duke Law & Technology Review
On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; but at what cost? Many Americans seem not to care about the costs, and national polls show that now, more than ever, Americans are willing to trade their precious civil liberties in an attempt to restore security. As the ACLU has stated these are difficult days. Not only are they difficult, they will define the future of America. This iBrief explores the reactions …
A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw
A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw
Duke Law & Technology Review
For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.
The Internet Opens Its Doors For .Biz-Ness, Corey Ciocchetti
The Internet Opens Its Doors For .Biz-Ness, Corey Ciocchetti
Duke Law & Technology Review
Starting on October 1, 2001, .BIZ will become active as the Internet's newest top-level domain; its space reserved solely for businesses engaging in "bona fide" commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system.
Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch
Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch
Duke Law & Technology Review
The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems.
Are Domain Names Property? The Sex.Com Controversy, Christine Soares
Are Domain Names Property? The Sex.Com Controversy, Christine Soares
Duke Law & Technology Review
Do domain names constitute tangible property? Since domain names may be purchased or transferred, the answer at first glance would appear to be "yes". Congress has also dictated that domain names corresponding closely to existing trademarks may be considered tangible property under certain circumstances. However, a recent case involving the lurid and lucrative domain name "sex.com" has determined otherwise. This iBrief examines the impact of characterizing domain names as tangible or intangible property on the causes of action available for domain name litigation.
The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares
The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares
Duke Law & Technology Review
On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes.
U.S. Export Controls On Technology Transfers, Matthew Crane
U.S. Export Controls On Technology Transfers, Matthew Crane
Duke Law & Technology Review
Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations that must be given to the export of encryption and other technologies.
Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson
Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson
Duke Law & Technology Review
To what extent does Sony's time-shifting fair use argument extend to recent innovations that make it easier for hackers use DVR technology to generate copies of protected material? The author assesses the potential liability of DVR manufacturers against the backdrop of traditional fair use doctrines.
Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet
Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet
Duke Law & Technology Review
Perhaps you have written an e-mail that looks something like this:
A Reconsideration Of The Physicians’ Immunity Statute, Steve Dirksen
A Reconsideration Of The Physicians’ Immunity Statute, Steve Dirksen
Duke Law & Technology Review
The author assesses the "physicians' immunity statute" from legal policy, ethical, and financial perspectives, and concludes that alternatives such as licensure and monetary incentives would better serve the goal of encouraging invention more effectively by rewarding it.
Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy, Corey A. Ciocchetti
Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy, Corey A. Ciocchetti
Duke Law & Technology Review
Employer monitoring of electronic mail constitutes an emerging area of the law that is clearly unsettled at this point in time. This iBrief demonstrates that the privacy rights of non public-sector employees are relatively unprotected by the federal and state constitutions, broad judicial interpretations of enacted privacy legislation favor legitimate employer-monitoring practices, and many of the elements of common law claims are difficult for employees to prove.
Freelance Articles And Electronic Databases: Who Owns The Copyrights?, Christine Soares
Freelance Articles And Electronic Databases: Who Owns The Copyrights?, Christine Soares
Duke Law & Technology Review
There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it.
Copyrights In Computer-Generated Works: Whom, If Anyone, Do We Reward?, Darin Glasser
Copyrights In Computer-Generated Works: Whom, If Anyone, Do We Reward?, Darin Glasser
Duke Law & Technology Review
Computer-generated works raise grave authorship concerns under U.S. copyright law, with arguments in favor of allocating copyrights to the computer user, programmer, the computer itself, or some combination therein. The author discusses the issues and paradoxes inherent in these choices, and assesses the nature of mathematical graphical processes in light of the idea/expression dichotomy.
International Liability In Cyberspace, Matthew Crane
International Liability In Cyberspace, Matthew Crane
Duke Law & Technology Review
Activities in cyberspace often expose companies to "cybertorts", a species of tort particularly difficult to reconcile with standard insurance policies. The author explores some of the difficulties in obtaining coverage for cybertorts from traditional insurance policies, and makes recommendations for companies to reduce their cyberspace liability exposure.
The Clone Wars: The Growing Debate Over Federal Cloning Legislation, John Garvish
The Clone Wars: The Growing Debate Over Federal Cloning Legislation, John Garvish
Duke Law & Technology Review
As readers of science fiction are well aware, the term "clone" refers to asexually produced offspring, that is, offspring produced by a process of cell-division which does not begin with the union of two sex cells. A clone is the genetic twin of the cell donor. Propagation of plants by this method is, of course, commonplace, but mammalian reproduction in this fashion would indeed be a revolutionary accomplishment, with profound and disturbing implications.
Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin
Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin
Duke Law & Technology Review
With online gambling becoming increasingly accessible and popular, state and federal politicians are asking themselves how to make the prohibition on online gambling effective. Nevertheless, questions still linger as to whether outright prohibition is truly the right answer.
International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw
International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw
Duke Law & Technology Review
International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy.
The Complexities Of On-Line Mutual Fund Advertising: A Summary Of The Relevant Regulations, Corey Ciocchetti
The Complexities Of On-Line Mutual Fund Advertising: A Summary Of The Relevant Regulations, Corey Ciocchetti
Duke Law & Technology Review
As the investment marketplace advances with current technology, paper-based advertising has quickly been supplemented by on-line advertising. Interestingly, both the Securities Exchange Commission and the National Association of Securities Dealers are treating this new medium similarly to the old-fashioned paper-based medium. This iBrief discusses and summarizes the current regulations surrounding one emerging form of on-line advertising - that of mutual funds. This discussion is intended to form a solid foundation from which an interested party may delve further into this emerging area of e-commerce.
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 …