Computer Law Commons^™

Copyright Trolls, Defining The Line Between Legal Ransom Letters And Defending Digital Rights: Turning Piracy Into A Business Model Or Protecting Creative From Internet Lawlessness?, 13 J. Marshall Rev. Intell. Prop. L. 170 (2013), Luke S. Curran

UIC Review of Intellectual Property Law

The scarlet letter of the term “troll” has long been affixed to the lapel of businesses within the patent context. This pejorative term, however, has had little relevance or widespread public recognition within the domain of copyright law until 2010. Since the awakening of the “copyright troll,” several non-author rights holders have recently adopted and propagated a substantially modified version of this sue-to-settle paradigm within the context of copyright law while introducing it to the scale of mass-litigation. Further, the amorphous term “copyright troll” traditionally characterizes a business practice of acquiring unenforced copyrights that are being infringed upon through various …

Corporate Cyber-Censorship: The Problems With Freedom Of Expression Online, Max Rothschild

Canadian Journal of Law and Technology

This article will explore the problem of the applicability of human rights law to the corporate entities that own and enable the operation of the Internet. The focus will be the status of the right to freedom of expression online, and the different possibilities that have been suggested in order to ensure that users have and are able to exercise this right. As the Internet is a communicative tool that allows for an unprecedented global discourse, freedom of expression is naturally of primary importance in the online context.

Copyright And The Fall Line, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom, Jonathan I. Ezor

Scholarly Works

Educators are constantly seeking new sources of relevant material to illustrate doctrinal and practice topics. With the growing understanding of students’ different learning styles, as well as the expansion of high-speed network connections and large displays in the classroom, streaming video has begun gaining popularity as an educational tool. Films, television programs, and real-time and archived legislative and court sessions may provide examples (both positive and negative) to enhance pedagogy. One increasingly common source for streaming content is a commercial video provider such as Netflix, Amazon, and Hulu. Even where such providers do not offer educational or institutional services, educators …

Agriculture Under Threat - A Crisis Of Confidence? The Solution: Redefine Adventitious Presence Maximum Levels From Zero To Zero++, Mark Perry, Ramesh Karky

Canadian Journal of Law and Technology

The issue of Adventitious Presence (AP) of genes, those that are not “naturally” present in food and crops but rather have been placed there using recombinant deoxyribonucleic acid (DNA) technology, has become a hot issue for producers and consumers. It can also be a major problem for exporters. Part of this problem is the reality that zero presence is now impossible to guarantee in some crops and products. Pressure has arisen to establish a Low Level Presence (LLP) threshold, one that is above zero, to be determined at an international level. This would allow crops to be imported and exported …

Deconstructing Disintermediation: A Skeptical Copyright Perspective, Guy Pessach

Cardozo Arts & Entertainment Law Journal

This essay attempts to uncover the impacts of disintermediation in copyright law. I argue that contrary to the common view, within the political economy of networked communication platforms and the Internet, disintermediation in copyright law does not necessarily lead to its expected outcomes. Disintermediation may undermine cultural diversity, decentralization and authors' welfare no less than the traditional corporate media proprietary model. My analysis focuses on the manner in which disintermediation in copyright law tends to stimulate concentrated markets, which channel audience attention to a handful of mega networked intermediaries. The market and media power, which is then held by these …

Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe

Books

Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – …

Protection From The Protectors: Does The Competition Act Provide An Answer To The Misuse Of Technological Protection Measures?, Keith D. Rose

Canadian Journal of Law and Technology

McOrmond suggested that this linkage of authorized content and devices may fall within the definition of tied selling:

If you are a competitor of the members of the DVD CCA, or for any reason cannot sign on to their contractual obligations, you will not receive the keys to encode your own content or decode content. It should be reviewed by the Competition Bureau to determine whether such contractual obligations should be allowed. Tying the ability to access content encoded with DVD CCA keys requiring a DVD CCA-approved access device seems like a text- book example of “tied selling” under section …

C-11 Et L'Information Sur Le Régime Des Droits: Regard Rétrospectif Et Prospectif, Antoine Guilman

Canadian Journal of Law and Technology

La récente adoption du projet de loi C-11, portant modification de la Loi sur le droit d’auteur, change aujourd’hui considérablement la donne. En effet, son article 41.22 instaure désormais un régime propre à l’information sur le régime des droits. Il devient dès lors nécessaire de remettre en contexte ce texte, pour l’appréhender pleinement et comprendre l’approche retenue par le Canada en matière de protection de l’information sur le régime des droits.

Dans cette perspective, nous porterons, d’une part, un regard rétrospectif sur l’évolution technologique récente et les solutions apportées au plan juridique en matière d’information sur le régime des droits …

Privacy And Publicly Available Personal Information, Teresa Scassa

Canadian Journal of Law and Technology

This article begins with a review of the structure of PIPEDA in order to situate the exception within its statutory context. This is followed by a detailed consideration of the exception for publicly available information. The article then offers a discussion of whether the scope of this exception should be expanded, and offers an alternative.

Big Brother's Shadow: Decline In Reported Use Of Electronic Surveillance By Canadian Federal Law Enforcement, Nicholas Koutros, Julien Demers

Canadian Journal of Law and Technology

Despite popular perception of increased government surveillance, particularly since 9/11, a longitudinal study of the Annual Reports on the Use of Electronic Surveillance, published by Public Safety Canada between 1973 and 2011, demonstrates the opposite trend. This article first outlines this decline to situate the use of electronic surveillance by federal law enforcement. The second section of the article advances legal, political, and practical influences which are likely contributing to the diminished use of wiretapping by police. The purpose of this article is to present quantitative evidence to better inform the ongoing debate around extending “lawful access” regimes in Canada. …

Beware Of The Highwayman On The Information Superhighway: A Balanced Proposal To Protect Copyrights Within The National Information Infrastructure, Chandra Gehri Spencer

Pepperdine Law Review

No abstract provided.

Wet Footprints? Digital Watermarks: A Trail To The Copyright Infringer On The Internet, Rosemarie F. Jones

Pepperdine Law Review

No abstract provided.

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

The Limitations Of Regulatory Oversight On Online Video, Jennifer Simpson

Canadian Journal of Law and Technology

Discussion in this paper focuses on the factors, attributes, and elements of telecom and broadcast regulation in Canada. Part I of this study briefly outlines the history of online video regulation in Canada to date. In Part II speculation as to how online video might be regulated, based on prior decisions of the CRTC, is presented. Part III considers the challenges of applying the Broadcasting Act to new media entities in order to create a regulatory framework for online video. Part IV looks at judicial decisions related to broadcast law that may be used to define the nature of the …

Harvesting The "Forbidden Fruit" Of Biotechnology Research: Genetic Engineering, International Law And The Patentability Of Higher Life Forms In Canada, Eugene C. Lim

Canadian Journal of Law and Technology

As the frontiers of science are constantly redefined by the emergence of new technology, patent law often has to struggle to keep pace with the changing conception of what constitutes a protectable “invention”. A key challenge facing patent law in the age of biotechnology lies in ascertaining the extent to which genetically engineered life forms should be protected. A major concern relates to whether such life forms should be excluded from patentability on grounds of ordre public, ethics and morality.

This article critically explores the extent to which patent law in Canada protects this “forbidden fruit” of biotechnological innovation, and …

A Delicate Balance: Defining The Line Between Open Civil Proceedings And The Protection Of Children In The Online Digital Era, Courtney Retter, Shaheen Shariff

Canadian Journal of Law and Technology

He thought of the telescreen with its never-sleeping ear. They could spy upon you night and day, but if you kept your head you could still outwit them. [. . .] They could lay bare in the utmost detail everything that you had done or said or thought; but the inner heart, whose workings were mysterious even to yourself, remained impregnable.

— George Orwell, 1984

On Thursday September 27, 2012, a few months after our paper was written, the Supreme Court of Canada solidified the rights of children victimized by cyberbullying in the landmark decision of AB (Litigation Guardian of) …

Understanding The Internet As A Human Right, Michael Karanicolas

Canadian Journal of Law and Technology

Around the world, fundamental human rights have undergone a dramatic conceptual shift as a result of the spread of the Internet. The right to freedom of expression, once largely limited to printing, has exploded in a digital world that provides users with an unprecedented megaphone to broadcast their views. The right to political participation and the right to free assembly have similarly been reborn in an age of instant communication, allowing activists to mobilise hundreds of thousands of followers with a single email, text or tweet. Although these are the most notable examples, the Internet has also had a transformative …

The Progress Of Science And The Useful Arts: Misadventures In Canadian Law On Patent-Eligible Subject Matter, Ken Bousfield

Canadian Journal of Law and Technology

Patent-Eligible Subject-Matter in Canada

The law of patent-eligible subject-matter in Canada has become badly muddled. There has been repeated confusion of subject-matter issues with non-subject matter issues such as novelty, obviousness, and utility. There has also been repeated confusion within the following group of issues pertaining to whether subject-matter is patent-eligible: whether a claim is for a mere idea or aggregation or for a patentable invention; whether claimed subject-matter falls within science and the useful arts; and whether claimed subject-matter falls within the statutory classes listed in the definition of “invention”. Echoes of older UK-based cases, relating to statutory provisions …

April 25, 2012, Geneva Henry

Lecture Series on E-Science

Geneva Henry, Executive Director of the Center for Digital Scholarship, Rice University. Data rights and ownership of digital research data can impact how you use data, how others use data you've collected, and how rights are determined in collaborative research. Copyright rules governing data vary from one country to the next, making data ownership in international collaborations particularly murky. Licensing the use of data sets from the start is one way to address these issues early and provide a means for easily sharing datasets that can be cited and properly attributed. This talk with introduce issues associated with digital research …

Compliance: E-Science Mandates And Policies, Sarah White

Lecture Series on E-Science

Data collected under federally funded research is subject to compliance rules and regulations. Policies affecting what you can and cannot do with your data, who is responsible, and what role your institution plays can vary with funding agencies and the type of data collected. This talk will address many of the compliance issues associated with research data, as well as funder mandates that you need to be aware of to ensure compliance.

The Riaa V. The People: The Recording Industry's Misguided Attempt To Use The Legal System To Save Their Business Model, John A. Fedock

Pepperdine Law Review

No abstract provided.

Overview Of Data Management Planning Tools, Michele Reilly

Lecture Series on E-Science

These Data Management Plans are more comprehensive and complex than in the past. Libraries around the nation are trying to put together tools to help researchers write plans that conform to the new requirements. This session will look at some of these tools.

Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero

Pepperdine Dispute Resolution Law Journal

Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes, …

Check-In, Attendees Of The Symposium

NJTIP Annual Symposium

Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium

Data Management Policies And Issues With Life Science Data, Michelle Malizia

Lecture Series on E-Science

Data management and sharing are relatively new concepts in the health and life sciences fields. This presentation will cover some basic policies as well as the impediments to data sharing unique to health and life sciences data.

Printable Schedule, Texas Medical Center Library

Lecture Series on E-Science

No abstract provided.

Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.