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Full-Text Articles in Law
Trade Secret Reclamation: An Equitable Approach In A Relative World, 21 J. Marshall J. Computer & Info. L. 227 (2003), William L. O'Brien
Trade Secret Reclamation: An Equitable Approach In A Relative World, 21 J. Marshall J. Computer & Info. L. 227 (2003), William L. O'Brien
UIC John Marshall Journal of Information Technology & Privacy Law
The only possible IP protection is a trade secret. However, trade secrets are inadvertently disclosed in investment disclosures or to prospective customers. The article offers a solution to this dilemma by creating emphasis on the continued retention of the secret, even though confidentiality of it could have been dissipating.
Alcatel Usa, Inc. V. Brown: Does Your Boss Own Your Brain?, 21 J. Marshall J. Computer & Info. L. 295 (2003), Jim C. Lai
Alcatel Usa, Inc. V. Brown: Does Your Boss Own Your Brain?, 21 J. Marshall J. Computer & Info. L. 295 (2003), Jim C. Lai
UIC John Marshall Journal of Information Technology & Privacy Law
Critizing the Alcatel USA, Inc. v. Brown court’s holding that a company owned rights to a software idea that existed entirely in the thoughts of one of it’s former employee’s. Discusses how the court did not take into account that (1) the invention disclosure agreement it secured from the employer was unenforceable, (2) the Solution was not an “invention” as recognized by U.S. intellectual property law, and (3) the development of an automatic decompiler was not within the scope of the company’s business or employee’s work. Arguing while it is reasonable for an employer to require its employees to disclose …
Curbing Copyright Infringement In Cyberspace: Using Mediakey To Stop The Bleeding, 21 J. Marshall J. Computer & Info. L. 325 (2003), John R. Perkins Jr.
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.
Locked Out: The New Hazards Of Reverse Engineering, 21 J. Marshall J. Computer & Info. L. 601 (2003), Carla Meninsky
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 …
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 …