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Articles 1381 - 1410 of 1720
Full-Text Articles in Computer Law
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 …
Learning To Love "The Ultimate Peripheral" - Virtual Vices Like "Cyberprostitution" Suggest A New Paradigm To Regulate Online Expression, 14 J. Marshall J. Computer & Info. L. 779 (1996), D. James Nahikian
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Revising The Freedom Of Information Act For The Information Age: The Electronic Freedom Of Information Act, 14 J. Marshall J. Computer & Info. L. 817 (1996), Jeffrey Norgle
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow
Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Functional Approach To Information Upon The Convergence Of Communication And Information Processing, 15 J. Marshall J. Computer & Info. L. 3 (1996), Roy N. Freed
UIC John Marshall Journal of Information Technology & Privacy Law
The ways that a computer and the human brain process information are immensely similar. The legal issues that arise from similar information processors must be addressed. In addition to purporting the similarities between the computer as the information processor and the human mind as the information processor, attorneys need to stay current with developments in computer technology. New insights in the computer industry can shatter the current legal infrastructure used to solve today's computer law issues. Attorneys must constantly reexamine the rules that pertain to information as well. The practicing attorney should be aware that these new legal developments need …
The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger
The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger
UIC John Marshall Journal of Information Technology & Privacy Law
To fully understand the future of the computer and the computer's role in society, one must understand where the computer originated. The history of the computer is traced from the beginning of binary numeration to the life of John V. Atanasoff, the inventor of the computer. Several developments in technology are responsible for the transformation of computers into the high tech efficient and affordable technology. In review, four generations of computers exist. Atanasoff's first model and the derivatives from his work are the first generation computers. The development of the transistor by Bell Laboratories in the late 1940's led to …
Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer
Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet presents many opportunities for the user to purchase merchandise using a credit card or bank card. However, until planned security measures for the Internet are proven to be effective, a question is raised: Who will pay for the loss if a criminal diverts the bank card data used by a consumer over the Internet? Two federal statutes generally prevent banks and credit card associations from charging consumers for losses incurred by fraudulent use of bank cards. The 1970 amendment to the Federal Consumer Protection Act (FCPA) and the Electronic Funds Transfer Act of 1978 (EFTA) contain provisions that …
1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney
1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney
UIC John Marshall Journal of Information Technology & Privacy Law
Global telecommunications are developing in the Asian and Pacific countries. These foreign companies in the telecommunications markets also encounter jurisdictional problems. First, telecommunication developments and the impact of competition on Asian and Pacific countries are examined. A change occurs as the market becomes global. Since governments are privatizing telecommunication monopolies, the governments are becoming regulators of telecommunications rather than providers. Liberalization is the process of opening telecommunication markets to competition. Also, developments in both the Asian countries of Singapore, Japan, Malaysia, India, Indonesia, Philippines, and Taiwan, and the Pacific countries of New Zealand and Australia are explored. As liberalization occurs, …
It's 1996: Do You Know Where Your Cyberkids Are? Captive Audiences And Content Regulation On The Internet, 15 J. Marshall J. Computer & Info. L. 51 (1996), Dawn L. Johnson
UIC John Marshall Journal of Information Technology & Privacy Law
The age of the Internet has allowed users of all ages to access an infinite number of subjects. However, some of those Internet sites may consist of subjects that may not be suitable for children under eighteen based on the content of those sites. The content may include sexually explicit and violent text and images. In 1996, the Communications Decency Act (hereinafter CDA) was created to help protect children from "obscene" or "indecent" subject matter by imposing criminal liability for violations. However, the American Civil Liberties Union has obtained a preliminary injunction against enforcing the CDA because of the potentially …
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
As we approach the year 2001, one of the critical issues facing the international community is the level and scope of protection to be afforded technology and technology based products. Technology and property laws share a unique relationship. Intellectual property laws serve as a potential source for technology protection. Technology if subject to protection is generally protectable under a country's patent or copyright for compact disc recordings. In addition to the forms of intellectual property, many nations also provide protection for the "rights neighboring" to traditional intellectual property rights. The absence of a uniform definition for traditional forms of intellectual …
Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon
UIC John Marshall Journal of Information Technology & Privacy Law
A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying are …
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Articles
No abstract provided.
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
Articles
No abstract provided.
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
Articles
No abstract provided.
Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
UIC John Marshall Journal of Information Technology & Privacy Law
The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the …
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman
UIC John Marshall Journal of Information Technology & Privacy Law
This bench memorandum details the issues from both the plaintiff's and defendant's perspective in a case involving computer-generated child pornography available on the Internet. The following is a brief statement of the facts: The defendant, George Gress, owns a photography studio in which he specializes in photographing child models for department store and mail-order catalogues. Gress is also an amateur computer programmer and operator ("sysop") of an electronic bulletin board system (BBS) that is accessible over the Internet. Appearing on Gress' BBS is an interactive sex program titled "Kid Stuff," which displays images of young children and allows users to …
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
National Information Infrastructure, the Information Superhighway and the Electronic Superhighway are no longer discussions of the past but are omnipresent vocabularies of the day -- envisioning a promise of universal access to the international networks of information and electronic communications. As the nation and the world embrace this concepts and goals, the authors in this issue discuss the need for a roadmap for such infrastructure and the level of governmental oversight as we travel along this superhighway into the future.
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular telephone …
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
UIC John Marshall Journal of Information Technology & Privacy Law
Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various …
The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …