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Articles 2281 - 2310 of 2650
Full-Text Articles in Computer Law
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Legal Aspects Of The Internet, Etienne Pichat
Legal Aspects Of The Internet, Etienne Pichat
LLM Theses and Essays
This thesis will explain the legal aspects of the Internet so that users who wish to protect their rights and avoid liability can log on with a better understanding of the rules of the game. This work will be divided into two chapters. The first chapter will focus on existing legal regulation of the Internet to advise users on which law is relevant, and how to solve problems of conflicts of laws in the cyberworld. It will answer the question of whether cyberspace is, or not, a "no laws land", and what kind of regulation would better fit the cyberworld. …
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Indiana Law Journal
No abstract provided.
The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson
The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson
Michigan Law Review
A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World
The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli
The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli
Indiana Law Journal
No abstract provided.
Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin
Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer
Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer
UIC John Marshall Journal of Information Technology & Privacy Law
In discussing the legal electronic contracting issues, the author gives an in-depth analysis of current UCC provisions in the context of electronic contracting. The author further gives recommendations to the UCC amendments so that the UCC would be adequate to meet the technological challenges of the future. The analysis first addresses the subject matter of electronic contracting before turning to the methods of initiating or responding to electronic messages. Then, there is the electronic data interchange which allows parties to exchange data for direct processing by parties information systems. The technology may have made exchange of data more efficient, but …
Commerce On The Net: Surfing Through Cyberspace Without Getting Wet, 14 J. Marshall J. Computer & Info. L. 247 (1996), Diana J. P. Mckenzie
Commerce On The Net: Surfing Through Cyberspace Without Getting Wet, 14 J. Marshall J. Computer & Info. L. 247 (1996), Diana J. P. Mckenzie
UIC John Marshall Journal of Information Technology & Privacy Law
It's business as usual: parties transacting business with paper, pens, phone calls, faxes, etc. With the convenience of computers in the market places, however, the business landscape is no longer the same: no more paper or less face-to-face contacts. Cyberspace provides an environment that obliterate physical time and space, but it also brings along risk fertile to create liabilities. In this article, the author attempts to address areas such as advertising; selling of money or goods; direct distributing of digitized products; contracting; intellectual property rights; common law torts and right to privacy on the Internet. At the end, the author …
Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina
Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina
UIC John Marshall Journal of Information Technology & Privacy Law
In an attempt to facilitate a single European marketplace, EU directives tried to amend its laws and regulations to accommodate the ever-advancing technology of the Internet. In tackling the issues, the authors discuss different layers of the Internet as laying the foundation for further analysis. Digital data networks are virtual networks; they are composed of a series of unrelated networks with each potentially owned and operated by different person. While the physical layers of such networks are important, the focus of this article is on the data layer: the layer that packages the data in a very efficient manner. This …
The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey
The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet has lured both shoppers and business people to its online economy. When a user wants to purchase an item from a merchant, he simply sends the bank a special electronic message, encoded with a unique digital signature requesting the money. The bank debits the user’s account and sends “e-cash” to the users computer via the Internet. After receiving the e-cash, the user’s computer transmits it to the merchant’s computer, which verifies the authenticity of the “e-cash” with the bank and credits it to the merchant’s account. This move to a cashless society stretches the parameters of current legislation …
Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman
Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman
UIC John Marshall Journal of Information Technology & Privacy Law
The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author states that …
Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie
UIC John Marshall Journal of Information Technology & Privacy Law
Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to post messages …
Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes
Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes
UIC John Marshall Journal of Information Technology & Privacy Law
In 1985, two executives at Encyclopedia Britannica, Inc. introduced the idea of a multimedia search system that interfaxed textual and graphical entry paths in a single database. At that time, Encyclopedia Britannica was not interested in publishing its own volumes of encyclopedias in an electronic format. Instead, they decided to make Compton’s Encyclopedia the basis of the proposed multimedia encyclopedia. On August 31, 1993, the PTO issued U.S. patent 5,241,671 for a multimedia search system to fourteen inventors who had previously assigned all their patent rights of the claimed invention to Encyclopedia Britannica. Questions arose about the validity of the …
Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling
Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling
UIC John Marshall Journal of Information Technology & Privacy Law
This article presents a summary of the 1995 European Union Data Protection Directive, including a description of the provisions of the directive, general rules on lawfulness, rights of the individuals, remedies, and affect on the laws of the member states. The historical background and development of the Directive is also covered, including the first data protection laws and activities of the Council of Europe and United Nations.
Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch
Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch
UIC John Marshall Journal of Information Technology & Privacy Law
This article presents a description and evaluation of the 1995 Israeli Computer Law including the structure and scope, the protection of computers and programs, computer crimes, computer-assisted crimes, torts, evidence rules regarding the admissibility of computer print-outs and business records, and search and seizure laws.
The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman
UIC John Marshall Journal of Information Technology & Privacy Law
This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …
State And Local Taxing Authorities Taking More Than Their Fair Share Of The Electronic Information Age, 14 J. Marshall J. Computer & Info. L. 493 (1996), David C. Blum
UIC John Marshall Journal of Information Technology & Privacy Law
This comment discusses the trend of state and local departments of revenue taxing users and providers of computer and information services even though the tax is not included in the jurisdiction’s legislation. While services are normally exempt from tax unless specifically enumerated, the Departments of Revenue recharacterize the service of providing electronically transmitted information into a purchase or lease of tangible personal property so the transaction can be taxed. This comment argues that users and providers of electronic information services should not be liable for a sales or use tax in a jurisdiction that lacks clear and specific statutory authority …
Discovery Of Computer Stored Documents And Computer Based Litigation Support Systems: Why Give Up More Than Necessary, 14 J. Marshall J. Computer & Info. L. 523 (1996), Patrick R. Grady
UIC John Marshall Journal of Information Technology & Privacy Law
This comment discusses discovery issues related to documents stored on a computer or litigation support system. The basics of computer information storage, business records systems, and litigation support systems are discussed. To eliminate unnecessary discovery, this comment suggests the creation of a record retention system that takes into consideration the company’s need of efficient storage, archival of information, and destruction of documents no longer legally required to be kept. An in-house counsel’s ethical considerations for document destruction are also discussed, as well as his or her ability to protect litigation support systems from unnecessary discovery with the work product privilege.
What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack
What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack
UIC John Marshall Journal of Information Technology & Privacy Law
This commentary is from the unique perspective of Roger Cossack, host of CNN’s “Burden of Proof.” In it, he reflects on the O.J. Simpson trial and the effect televising it had. He concludes that televising the trial revealed the depth of racial conflict that divides our country. This was shown by issues involving pre-trial publicity, control of the courtroom, racism in reporting, the failure of DNA evidence and prior spousal abuse to convince the jury, and the effectiveness of counsel.
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 14 J. Marshall J. Computer & Info. L. 563 (1996), Gary L. Gassman
UIC John Marshall Journal of Information Technology & Privacy Law
This is a Bench memorandum for the 1995 John Marshall National Moot Court Competition in Information Technology and Privacy Law. It is an interlocutory appeal from a circuit court’s denial of the defendant’s motion to dismiss the plaintiff’s defamation action. The facts include the defendant, Robert Jacobs, posting an allegedly defamatory comment aimed at the plaintiff, Jennifer Fetty on an online discussion board during a debate on abortion. Both reside in Illinois, but the comment was read and replied to by David Bornmann, a resident of the State of Marshall. The issues include whether defendant is subject to personal jurisdiction …
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 14 J. Marshall J. Computer & Info. L. 627 (1996), John Matney, Carmen Symes, Laura Underwood
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 14 J. Marshall J. Computer & Info. L. 627 (1996), John Matney, Carmen Symes, Laura Underwood
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds
Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
UIC John Marshall Journal of Information Technology & Privacy Law
On June 30, 1994, Belgium became the first nation in Europe that incorporated Directive 91/250/EEC into a specific law, the "Software Act." Unlike many other countries that deal with copyright issues involving software, Belgium enacted the Software Act to satisfy the practical and specific need to protect software. In this introductory article on Belgium’s protection of software, the author discusses the main provisions of the Software Act while making reference to the Copyright Act since computer programs are also protectable through patent, trademark or unfair competition laws. In furthering its commitment under the Berne Convention, Belgium enacted the Software Act …
Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert
Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert
UIC John Marshall Journal of Information Technology & Privacy Law
In Canada, the Criminal Code and the Copyright Act explicitly protect computer software programs while existing patent, trademark/trade secret and fiduciary duty laws also extent their protection to computer software. In this article, the author gives an overview of computer software protection under Canadian laws and analyzes courts’ applications of these laws to software by examining several caselaws. Computer software may be protected as trade secrets and thus may be part of a contractual agreement between parties. In the absence of an explicit agreement, Canadian laws imposes an implied non-disclosure duty on employees concerning trade secrets acquired in the scope …
The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard
The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard
UIC John Marshall Journal of Information Technology & Privacy Law
Since late 1970s, the Chinese economy has grown tremendously. Meanwhile, its intellectual property has also improved as a consequence of foreign pressures on the so-called “one-copy” country. China protects computer software under its copyright law, but the protection contains numerous loopholes which render its broad purpose meaningless. While the Act protects software in general, specific aspects of that protection are treated separately. The Act also creates exceptions and uses ambiguous terms to give the government leeway to reap fruits of software engineers without compensating it. In analyzing litigated software infringement cases, the author, though praising the impact of the decisions, …
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
UIC John Marshall Journal of Information Technology & Privacy Law
There are over eight thousand people in Ireland employed in the software industry by several multinational corporations, including Microsoft, Novell, Lotus and Corel. Although there has not yet been much Irish case law addressing the protection of computer software, there are adequate statutory protections in place. The Directive on the Legal Protection of Computer Programs (“Regulations”) provides copyright protection for all original computer programs. Ideas and underlying principles are not protected by copyright under the Regulations but the English High Court has clarified this general rule by stating detailed ideas may be copyrighted. The Regulations provide some exclusive rights to …
Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor
Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an overview of the laws currently in use for the protection of the intellectual property of software in the Netherlands. The analysis focuses primarily on all aspects of copyright law, which include sources of copyright law, protectable subject matter, ownership and transfer of copyright and licensing, economic rights and user's prerogatives, moral rights, copyright infringement in computer software and remedies for infringement. The article also briefly discusses other methods of protection for the intellectual property of computer software in the Netherlands, including patents, trade secrets, semiconductor chip protection and trademarks.
Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos
Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos
UIC John Marshall Journal of Information Technology & Privacy Law
This article begins by examining the unique political circumstances of Puerto Rico, as a territory of the United States. It then explains the different federal and national systems that govern patent and copyright protection in Puerto Rico. The article details the conflict between the two systems and outlines the way the federal laws of the United States take precedent over the local laws of Puerto Rico in the areas of copyright and trademark. It analyzes the laws of Puerto Rico which provide protection for "moral rights" in the European tradition, which the United States does not recognize. The article also …
Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija
Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija
UIC John Marshall Journal of Information Technology & Privacy Law
The author provides a brief overview of Spain’s intellectual property protection of software. The author discusses Act 22/87 which is the foundation of copyright law in Spain and regulates all kinds of works; literary, artistic, and scientific. In Spain, copyright laws protect computer programs as literary works. The broad definition of a "computer program" includes the object code as well as the source code, operating system programs, the microcode within the central processing unit, and the programming language and interface. As a member of the European Community (EC), Spain enacted "Directive 91/250" for legal protection of computer programs. The author …