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Articles 2221 - 2250 of 2650

Full-Text Articles in Computer Law

Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner Jan 1998

Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Patenting Computer Science: Are Computer Instruction Writings Patentable?, 17 J. Marshall J. Computer & Info. L. 5 (1998), Allen B. Wagner Jan 1998

Patenting Computer Science: Are Computer Instruction Writings Patentable?, 17 J. Marshall J. Computer & Info. L. 5 (1998), Allen B. Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

This paper opposes the IBM/PTO proposal to patent (as an article of manufacture) computer instruction fixed on computer readable media (so called media or Beauregard claims). The juridical issue raised is whether patents are limited to the utilitarian embodiment of inventions (the instructed machine) or may be extended to include mere symbolic expression (the machine instruction) fixed in a tangible medium. In Part I, the author argues (a) patenting symbolic expression breaches the intellectual property premise prohibiting property interests in mere abstract ideas, by avoiding both copyright merger and patent preemption doctrines, and (b) contrary to the PTO analysis, patents …

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The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala Jan 1998

The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala

UIC John Marshall Journal of Information Technology & Privacy Law

The author approaches the problem of software patents from the perspective of copyright, where the debate over the appropriate scope of protection for computer programs continues to rage. This debate has largely followed the copyright tradition of considering copyright as a stand-alone statute, capable of resolving all of its problems with very little reference to other legal regimes and, in particular, with very little reference to patent law. It appears to the author that patent law has also gone about its business relating to software, from Benson to Beauregard, as if patent law were essentially the only relevant player. The …

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A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos Jan 1998

A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos

UIC John Marshall Journal of Information Technology & Privacy Law

If you thought "Beauregard" claims were a slippery slope to an uncertain end, you were right! The new frontier after In re Beauregard is the "propagated signal" claim -- a claim directed to a manufactured transient phenomenon, such as an electrical, optical, or acoustical signal, that could further revolutionize the way communications and software companies protect their intellectual property. It can make procuring patents less expensive and result in more extensive coverage, while challenging the limits of conventional wisdom. This new claim type will be viewed by some as a threat, and by others, as yet another step in the …

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Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta Jan 1998

Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta

UIC John Marshall Journal of Information Technology & Privacy Law

The last five years have witnessed a dramatic shift in the approach taken by the Court of Appeals for the Federal Circuit ("CAFC") and, under the CAFC's stern if somewhat incomplete guidance, the United States Patent and Trademark Office ("PTO") to the seemingly intractable problem of determining whether software inventions qualify as patentable subject matter under the United States patent laws. Beginning with a series of CAFC decisions in 1994 and culminating with the PTO's issuance of its Final Examination Guidelines for Computer-Related Inventions (the "Guidelines") in 1996, the paradigm shifted from a "mathematical algorithm" based analytic structure to an …

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Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas Jan 1998

Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas

UIC John Marshall Journal of Information Technology & Privacy Law

Courts have long recognized and policed attempts to contract around the patent code. Settled law establishes that the proprietor of a patent which enjoys market power cannot extend that patent beyond its statutory term or restrain competition in an unpatented product via contract. Yet today a far more subtle and fundamental mechanism for drafting around the statute has materialized: the humble patent instrument itself. Patent drafters have only partially realized the remarkable set of tools they now possess for expanding the scope of patent-eligible subject matter, augmenting the market power of issued patents, and avoiding core precepts of the patent …

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Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy Jan 1998

Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy

UIC John Marshall Journal of Information Technology & Privacy Law

The statutory subject matter provision of the United States patent code is one of that law's murkiest provisions. It has been the subject of repeated cases before the United States Supreme Court. Despite this, confusion and disagreement among the lower courts remains substantial. Much of the literature agrees that the law is in disarray. This paper isolates and treats one such problem: that of dealing with so-called "hybrid" inventions. Hybrid inventions are those that consist of both statutory and non-statutory elements grouped together. As such, their basic nature presents a classification problem. Hybrid inventions are mongrels, neither purely statutory nor …

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Examination Guidelines For Computer-Related Inventions, 17 J. Marshall J. Computer & Info. L. 311 (1998), The United States Patent And Trademark Office Jan 1998

Examination Guidelines For Computer-Related Inventions, 17 J. Marshall J. Computer & Info. L. 311 (1998), The United States Patent And Trademark Office

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998), Jeffrey S. Draeger Jan 1998

Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998), Jeffrey S. Draeger

UIC John Marshall Journal of Information Technology & Privacy Law

Computer hardware, software, and networking equipment together have fueled the onset of the Information Age, an age where a seemingly endless stream of ones and zeroes often is an extremely valuable commodity. Undeniably, computer software has been a crucial building block in this Information Age. However, intellectual property law has been slow to embrace software inventions as patentable subject matter on par with computer hardware and networking equipment. This Comment concludes that claims for computer instruction embodied in a computer readable medium do constitute statutory subject matter. As proper statutory subject matter, such claims should be evaluated "as a whole," …

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An Attempt To Rationalize Floppy Disc Claims, 17 J. Marshall J. Computer & Info. L. 183 (1998), Richard H. Stern Jan 1998

An Attempt To Rationalize Floppy Disc Claims, 17 J. Marshall J. Computer & Info. L. 183 (1998), Richard H. Stern

UIC John Marshall Journal of Information Technology & Privacy Law

It is now more than four years since the Federal Circuit's en banc decision in In re Alappat. It is now at least two years since the intertwined events of the Federal Circuit's curious decisions to remand in In re Beauregard and In re Trovato, and the publication by the Patent and Trademark Office (PTO) of its Guidelines on the examination of software-related patent applications. Despite that passage of time, the clarity of the legal status of software-related patents, and particularly those written in article of manufacture format (so-called floppy disk patents), has not improved. Nonetheless, use of such claims …

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The Impact Of Technology On The Notary Process, 31 J. Marshall L. Rev. 911 (1998), Glen-Peter Ahlers Sr. Jan 1998

The Impact Of Technology On The Notary Process, 31 J. Marshall L. Rev. 911 (1998), Glen-Peter Ahlers Sr.

UIC Law Review

No abstract provided.

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Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin Jan 1998

Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin

Articles

The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …

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Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross Jan 1998

Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg Jan 1998

Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg

Faculty Scholarship

U.C.C. Articles 2B of the Uniform Commercial Code was designed primarily to regulate online and mass market transactions, particularly the licensing of computer software. Its effects, however, will extend to authors of works other than computer software. This Article considers the effects Article 2B would have on dealings between those authors and the exploiters of the authors' works. By reducing procedural barriers to the formation of licenses, Article 2B would make it all too easy for an author to assent to contract terms that may heavily favor an exploiter of the author's work. On the other hand, default contract terms …

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Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona Oct 1997

Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona

Buffalo Law Review

No abstract provided.

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Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin Oct 1997

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin

Buffalo Law Review

No abstract provided.

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Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer Apr 1997

Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer

Indiana Law Journal

No abstract provided.

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The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii Jan 1997

The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii

UIC John Marshall Journal of Information Technology & Privacy Law

As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …

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Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg Jan 1997

Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg

UIC John Marshall Journal of Information Technology & Privacy Law

The rapid development of computer technology has led software companies to seek financial support from various commercial lenders. Lenders are typically unaccustomed and unwilling to lend money on the security of intellectual property. The fear of lenders is well founded because lenders face a considerable risk in lending money on contemporary and intangible collateral. As a result of the unavailability of funds, technology based companies would be hindered in their efforts to promote new programs. The unclarity of laws with respect to obtaining a security interest has created obstacles for parties on both sides of the transaction -- the lender …

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Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow Jan 1997

Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher Jan 1997

Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher

UIC John Marshall Journal of Information Technology & Privacy Law

The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …

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Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major Jan 1997

Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major

UIC John Marshall Journal of Information Technology & Privacy Law

The author argues that the Internet must be regulated in order to ensure stability to the Internet community and viability as a communications medium. She offers two proposals: (1) the "secondary effect" of the Internet destroying its own legitimacy satisfies a substantial governmental need for zoning regulation as set forth in several cases; and (2) the most effective way to implement such zoning regulation is to reinforce accepted Internet standards, specifically the domain naming system. The author explains the difficulty in comparing the Internet to other media. Then the she explains the domain name system, e.g., the domain hierarchies, and …

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Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger Jan 1997

Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger

UIC John Marshall Journal of Information Technology & Privacy Law

Universal Service was originally set-up to provide everyone with telephone service -- regardless of their ability to pay. Telephone service is considered vital to health, public safety, governmental involvement, ability to obtain jobs, and to the building of community. Universal Service was paid for through cross-subsidies: businesses were charged more; all customers, regardless of locale were charged the same rate; long distance rates were artificially high and local calls were priced artificially low; phone costs were kept to a nationwide average. In 1982, the divestment of what had been a monopoly, Bell Telephone, was final. In order to continue support …

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Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen Jan 1997

Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen

UIC John Marshall Journal of Information Technology & Privacy Law

The purpose of this article is to share information about "outstanding legal issues" that Taiwan has experienced in its use of the Internet. It does through five topics. First, the issue of contracts is addressed using the present laws in Taiwan. Contracts are based on an "offer" by one party and "acceptance" of a second party. Digital products displayed on the Internet are said to constitute an offer when it bears a price, but a legal question arises out of how to constitute acceptance. Taiwan law looks to the law of the country where the offer was made to govern …

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Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo Jan 1997

Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the proliferation of on-line commercialism on the Internet and the various problems related to the increase of commercialism. Spamming, which is defined as the distribution of large amounts of unsolicited information, has been the major form of commercialism and arguably the most problematic. The article emphasizes the attempts to reduce the problem of on-line commercialism through preventative measures, such as self-governance on the Internet. While the author states that self-governance may be a solution to the problem of excessive commercialism, he also states that self-governance may give rise to problems, such as intervention by the federal government …

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The Doors Are Locked But The Thieves And Vandals Are Still Getting In: A Proposal In Tort To Alleviate Corporate America's Cyber-Crime Problem, 16 J. Marshall J. Computer & Info. L. 167 (1997), David L. Gripman Jan 1997

The Doors Are Locked But The Thieves And Vandals Are Still Getting In: A Proposal In Tort To Alleviate Corporate America's Cyber-Crime Problem, 16 J. Marshall J. Computer & Info. L. 167 (1997), David L. Gripman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addresses the problem of computer hackers, breaking into the computer systems of businesses, and the third party injuries that are ultimately caused by such acts. This is a multimillion dollar problem for the business community. The article discusses the current methods companies use to protect against hackers, and then the author makes some suggestions for protection that include the latest technology available. However, the paper's main focus is on ways to put pressure on businesses to ensure that its computers are protected against hackers to avoid third party injuries. The author looks to tort law to do just …

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Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb Jan 1997

Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb

UIC John Marshall Journal of Information Technology & Privacy Law

The Second Circuit Court of Appeals recently handed down a decision which can be seen as a victory for supporters of free dissemination on the Internet. At issue was whether dissemination of real-time sports data infringed the NBA's copyright of broadcast material, and if not whether the use of NBA game statistics was a misappropriation of the NBA's property. In 1994, Motorola teamed up with STATS (Sports Team Analysis and Tracking Systems of Missouri, Inc.) to provide real-time updates of professional sports scores and information to subscribers of pagers as well as on-line services. STATS also provides sports information to …

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Eggs In Baskets: Distributing The Risks Of Electronic Signatures, 15 J. Marshall J. Computer & Info. L. 189 (1997), Benjamin Wright Jan 1997

Eggs In Baskets: Distributing The Risks Of Electronic Signatures, 15 J. Marshall J. Computer & Info. L. 189 (1997), Benjamin Wright

UIC John Marshall Journal of Information Technology & Privacy Law

Many risks are prevalent with the traditional signing of a paper document. The most notable is forgery. Under current law, the burden of proving the authenticity of a signature is on the recipient, not the signer. This burden motivates the recipient to be responsible. For instance, when accepting a signature, the recipient may wish to elicit further evidence of genuineness and request the signer to acknowledge his or her signature before a notary public. Considering the many risks associated with the authentication of paper documents, the authentication of electronic documents and signatures will not be different. Strategies have been developed …

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Use Tax Collection On Internet Purchases: Should The Mail Order Industry Serve As A Model, 15 J. Marshall J. Computer & Info. L. 203 (1997), Steven J. Forte Jan 1997

Use Tax Collection On Internet Purchases: Should The Mail Order Industry Serve As A Model, 15 J. Marshall J. Computer & Info. L. 203 (1997), Steven J. Forte

UIC John Marshall Journal of Information Technology & Privacy Law

Federal intervention is necessary to grant states the authority to collect state sales and use tax from Internet vendors who sell goods within their boundaries but reside elsewhere. With such federal intervention, local retailers, who must charge state use and sales tax to their customers, can compete more fairly with Internet vendors. In addition, state governments can access a large and growing revenue source. Under the Commerce Clause of the United States Constitution, a vendor must have a physical presence on a state before a state can require the vendor to collect and remit sales and use tax. In addition, …

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Using The Dna Profile As The Unique Patient Identifier In The Community Health Information Network: Legal Implications, 15 J. Marshall J. Computer & Info. L. 227 (1997), Lisa L. Dahm Jan 1997

Using The Dna Profile As The Unique Patient Identifier In The Community Health Information Network: Legal Implications, 15 J. Marshall J. Computer & Info. L. 227 (1997), Lisa L. Dahm

UIC John Marshall Journal of Information Technology & Privacy Law

One of the greatest obstacles to electronic medical record keeping is the absence of a unique patient identifier. With the sharing of patient's information, an increased risk of error exists. Among these risks are the transmission of the wrong patient's records and security of confidential patient information. Implementation of a uniform patient identifier will eliminate the obstacle to cooperation and information-sharing of health data. This article proposes the application of a unique protocol, which utilizes DNA fingerprints as a patient's personal identifier. Since each individual's DNA profile is distinctly different, the fingerprint would act as the patient's personal bar code, …

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