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Articles 1381 - 1410 of 2047
Full-Text Articles in Computer Law
No Lego, Yes Logo: The Federal Court Of Appeal Protects Innovation In Kirkbi Ag And Lego Canada Inc. V. Ritvik Holdings Inc., Sean Robertson
No Lego, Yes Logo: The Federal Court Of Appeal Protects Innovation In Kirkbi Ag And Lego Canada Inc. V. Ritvik Holdings Inc., Sean Robertson
Canadian Journal of Law and Technology
This article will discuss the case at the trial and appellate levels. It will specifically address the underlying policy debate between the majority and the dissenting decisions at the Federal Court of Appeal. The author will compare this debate to two similar international cases involving Lego’s infamous intellectual property litigation. With this recent finding in the 40-year-old saga of international case law surrounding Lego’s trade-mark enforcement strategy, the Appeal Division of the Federal Court of Canada joins the ranks of several other courts that have similarly excluded protection for Lego based on the doctrine of functionality. The comment concludes with …
The Law Of Privacy In Canada (Student Edition) By Barbara A. Mcisaac, Rick Shields, Kris Klein (Toronto: Thomson Carswell, 2004), John D. Gregory
The Law Of Privacy In Canada (Student Edition) By Barbara A. Mcisaac, Rick Shields, Kris Klein (Toronto: Thomson Carswell, 2004), John D. Gregory
Canadian Journal of Law and Technology
To help lawyers advise their clients on their rights and obligations in this complex and novel field, the various legal publishers have offered an array of guides and textbooks analyzing the law of privacy. Thomson/Carswell turned for its book to the national law firm of McCarthy Tétrault. Three McCarthy lawyers (Barbara McIsaac, Rick Shields, and Kris Klein) are listed as authors of The Law of Privacy in Canada, and several others have contributed significant parts of the text, and they have done a creditable job in pulling it all together. It seems to be the only thorough and up-to-date analysis …
Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons
Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons
ExpressO
Unlike Dr. Bowdler, who republished the works of Shakespeare with the naughty bits removed, the modern digital Bowdlerizer deletes offensive content from digital works in a variety of ways. This Essay will analyze the technologies used by the modern Bowdlerizer to determine when, if, and which technologies make copies in violation of the copyright owner’s § 106(1) right to control reproduction or make derivative copies of a preexisting work that may infringe the copyright owner’s 17 U.S.C. § 106(2) right to authorize the creation of derivative works. These technologies not only support militant prudery, but they also may add new …
A Distance Education Primer: Lessons From My Life As A Dot.Edu Entrepreneur, Linda C. Fentiman
A Distance Education Primer: Lessons From My Life As A Dot.Edu Entrepreneur, Linda C. Fentiman
ExpressO
No abstract provided.
Recalibrating Copyright Law?: A Comment On The Supreme Court Of Canada's Decision In Cch Canadian Limited Et Al. V. Law Society Of Upper Canada, Teresa Scassa
Canadian Journal of Law and Technology
The Supreme Court of Canada’s unanimous decision in CCH Canadian Ltd. et. al. v. Law Society of Upper Canada marks a second recent decision by the Court that has major implications for the development of copyright law in Canada. In Théberge v. Galerie D’Art du Petit Champlain, the majority of the Court provided a significant articulation of the balance to be struck between the rights of creators and the rights of users of copyright-protected works. In doing so, it embraced an approach to copyright typical of U.S. copyright law in its heyday. The unanimous Court in CCH Canadian makes it …
Ef Cultural Travel V. Explorica: The Protection Of Confidential Commercial Information In The American And Canadian Contexts, Suzanne White
Ef Cultural Travel V. Explorica: The Protection Of Confidential Commercial Information In The American And Canadian Contexts, Suzanne White
Canadian Journal of Law and Technology
Commercial information, once relegated to paper files stored in cabinets, is now more likely to be in digital form, allowing a myriad of people to access its contents. These electronic storehouses can subsequently be stored on the Internet, providing a handy but some- what risky means of archiving valuable information. The United States Court of Appeals (1st Circ.) judgment EF Cultural Travel v. Explorica1 is a clear indicator of the way in which the advent of the Internet has completely changed the constructive meaning of the traditional ‘‘office file’’. This paper attempts to provide an under- standing of the scope …
Electronic Commerce - A Practitioner's Guide Edited By Alan M. Gahtan, Martin P.J. Kratz, And J. Fraser Mann (Toronto: Thomson Carwell, 2003), Harmonie Roesch-West
Electronic Commerce - A Practitioner's Guide Edited By Alan M. Gahtan, Martin P.J. Kratz, And J. Fraser Mann (Toronto: Thomson Carwell, 2003), Harmonie Roesch-West
Canadian Journal of Law and Technology
At a time when there seems to be no clear consensus on how to regulate electronic commerce comes a much-needed discussion of the many salient factors impacting the matter in Electronic Commerce: A Practitioner’s Guide. The collaborative effort includes works from several authors, compiled by Alan M. Gahtan, Martin P.J. Kratz, and J. Fraser Mann. This guide is an excellent first step in clarifying the issues and summarizing the precedents and relevant statute law to date. Although the target is an audience of law professionals, other e-commerce stakeholders, including business pro- fessionals, will find this collection useful.
Of Neighbours And Netizens, Or, Duty Of Care In The Tech Age: A Comment On Cooper V. Hobart, Robert J. Currie
Of Neighbours And Netizens, Or, Duty Of Care In The Tech Age: A Comment On Cooper V. Hobart, Robert J. Currie
Canadian Journal of Law and Technology
The focal point of this comment will be the recent judgment of the Supreme Court of Canada in Cooper v. Hobart, which appears to have made some significant changes to the elements of ‘‘duty of care’’, the foundational negligence concept. The Court framed its decision as refining duty of care analysis in order to properly deal with ‘‘novel claims’’ (i.e., those for which there is not an established or analogous duty of care in the existing case law). Given that the growth of elec- tronic commerce and Internet usage continues to spawn ‘‘novel’’ legal issues, Cooper is an appropriate starting …
A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran
A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran
Canadian Journal of Law and Technology
There has been increasing study of the issues involved in using intellectual property as a security interest, but little corresponding consideration of domain names. The ascendancy in value of domain names to modern business increases their usefulness as a security interest to lenders and borrowers alike. Their use in this respect appears not to be weighed down by two of the most difficult issues facing intellectual property, namely conflicting jurisdiction between federal statutory interests and provincial property interests, together with establishing more readily acceptable methods of valuation. However, there is ambiguity about the actual form of ownership interest involved with …
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
All Faculty Scholarship
This short article applauds the European Commission for holding that Microsoft violated European competition laws, and admonishes the U.S. for criticizing the Europeans for protecting themselves from Microsoft's anticompetitive activity.
The Dmca Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig
The Dmca Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig
ExpressO
After years of legal maneuvering and courtroom skirmishes, the lines in the war between copyright holders and online copyright infringers have been clearly drawn. This conflict, which is poised to erupt in courts across the country, began decades ago with the birth of the Internet, which gave rise to a previously unparalleled opportunity for the dissemination, sharing, and enjoyment of every conceivable form of human expression. In addition to the benefits it has provided, the Internet also has given rise to copyright infringement on a global scale through the unauthorized posting and sharing of digital files. After years of unsuccessfully …
Privatizing Information And Information Technology – Whose Life Is It Anyway?, 22 J. Marshall J. Computer & Info. L. 375 (2004), Ellen Dannin
UIC John Marshall Journal of Information Technology & Privacy Law
As the United States government collects personal and private information about each of us, the government must also consider ways of preventing that information from falling into the wrong hands. In the wrong hands, that information can be turned against the individual – from blackmailing to more nefarious acts, such as terrorism. However, the government trend of outsourcing information gathering tasks has dramatically increased the chances of the wrong people receiving sensitive information. The government has been outsourcing information gathering tasks because of their failure to develop sufficient in-house expertise to handle information gathering. A second reason is that some …
Defining Cyberterrorism, 22 J. Marshall J. Computer & Info. L. 397 (2004), Mohammad Iqbal
Defining Cyberterrorism, 22 J. Marshall J. Computer & Info. L. 397 (2004), Mohammad Iqbal
UIC John Marshall Journal of Information Technology & Privacy Law
This article explores the definition of the term “cyberterrorism” in light of available literature and recent legislation in an attempt to distinguish cyberterrorism from other cyber activities and crimes. Cyberterrorism is the convergence of terrorism and cyberspace. The author discusses the differences between true cyberterrorism – that is, actual harm caused by cyber attacks – versus less malignant attacks that do more to annoy than harm. The author points out that the main difference between cyberterrorism and other cyber attacks, such as hacking and cracking, is that cyberterrorists are politically motivated, while other cyber attackers have non-politic motives.
Democracy In Decline: Can Internet Voting Save The Electoral Process?, 22 J. Marshall J. Computer & Info. L. 409 (2004), Bryan Mercurio
Democracy In Decline: Can Internet Voting Save The Electoral Process?, 22 J. Marshall J. Computer & Info. L. 409 (2004), Bryan Mercurio
UIC John Marshall Journal of Information Technology & Privacy Law
Voter confidence that votes are accurately cast, counted, and kept are at an all time low. The traditional methods of voting has proven itself time and time again to be untrustworthy and unreliable, as evidenced recently in the 2000 presidential elections. The time is now ripe to thoroughly investigate alternative methods of casting ballots as a way to restore voter confidence in the electoral system. Using the Internet to assist the electoral system has emerged as a potential option in order to remedy many defects within the electoral process. However, Internet voting is untested and less transparent than traditional voting …
The Fourth Amendment And The Wiretap Act Fail To Protect Against Random Isp Monitoring Of E-Mails For The Purpose Of Assisting Law Enforcement, 22 J. Marshall J. Computer & Info. L. 493 (2004), Jim W. Ko
UIC John Marshall Journal of Information Technology & Privacy Law
This article takes the position that the Wiretap Act and the Electronic Communications Privacy Act (ECPA) does little to provide protection against internet service providers (ISPs) that randomly monitor e-mails for the purpose of turning over evidence of criminal activities to law enforcement officials. The article provides a background to the special privacy issues that arise in the context of computer technology and ISPs. An analysis of the Wiretap Act, as amended by the ECPA, reveals that an implicit statutory prohibition against random surveillance by ISPs for the purpose of assisting law enforcement does in fact exist. Further, remedies for …
The Global Rise Of A Duty To Disclose Information Security Breaches, 22 J. Marshall J. Computer & Info. L. 457 (2004), Ethan Preston, Paul Turner
The Global Rise Of A Duty To Disclose Information Security Breaches, 22 J. Marshall J. Computer & Info. L. 457 (2004), Ethan Preston, Paul Turner
UIC John Marshall Journal of Information Technology & Privacy Law
Section 1798.82 requires computer database operators to disclose security breaches involving personal data information to both the subjects of the data and the owners of the personal data. However, this commentary views Section 1798.82 with apprehension, but takes the position that much broader duties to disclose such breaches are already in place. This article begins with a discussion about legislation that expressly require disclosure of computer security breaches, such as Section 1798.82 and Article 4 of the European Union Telecommunications and Electronic Communications Privacy Directives. Then it follows with a discussion about legislation and common law that implicitly requires disclosure …
Dow Jones And The Defamatory Defendant Down Under: A Comparison Of Australian And American Approaches To Libelous Language In Cyberspace, 22 J. Marshall J. Computer & Info. L. 553 (2004), Richard L. Creech
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
UIC John Marshall Journal of Information Technology & Privacy Law
In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops …
The Destruction Of Media Diversity, Or: How The Fcc Learned To Stop Regulating And Love Corporate Dominated Media, 22 J. Marshall J. Computer & Info. L. 569 (2004), Christa Corrine Mclintock
The Destruction Of Media Diversity, Or: How The Fcc Learned To Stop Regulating And Love Corporate Dominated Media, 22 J. Marshall J. Computer & Info. L. 569 (2004), Christa Corrine Mclintock
UIC John Marshall Journal of Information Technology & Privacy Law
Christa Corrine McLintock’s “The Destruction of Media Diversity, or: How the FCC Learned to Stop Regulating and Love Corporate Dominated Media” investigates the current corporate consolidation climate and the efficacy of alternative media outlets. McLintock examines the history of the Federal Communication Commission (“FCC”) and its current trend toward deregulation. McLintock argues that the Internet has failed to level the playing field between alternative media outlets and mainstream media conglomerates. She concludes that increased regulation is not only the most viable solution to the alternative media’s predicament, but also the means through which to satisfy the FCC’s stated goals, facilitate …
Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Is The Acpa A Safe Haven For Trademark Infringers? - Rethinking The Unilateral Application Of The Lanham Act, 22 J. Marshall J. Computer & Info. L. 655 (2004), Jinku Hwang
UIC John Marshall Journal of Information Technology & Privacy Law
The Anticybersquatting Consumer Protection Act (ACPA) was enacted in 1999 as a response to international disputes over Internet domain names because according to the Congress’ point of view, courts could not successfully protected American businesses in cases where nothing more that the registration of a trademark or its variation in a domain name had occurred. This article analyzes recent court decisions regarding domain name disputes after the enactment of ACPA focusing on reverse domain name hijacking in international, trademark related and gTLD disputes. The author argues that the in rem jurisdiction provided by the ACPA and the consequent extraterritorial effect …
The States And The Electronic Communications Privacy Act: The Need For Legal Processes That Keep Up With The Times, 22 J. Marshall J. Computer & Info. L. 695 (2004), Monique Mattei Ferraro
The States And The Electronic Communications Privacy Act: The Need For Legal Processes That Keep Up With The Times, 22 J. Marshall J. Computer & Info. L. 695 (2004), Monique Mattei Ferraro
UIC John Marshall Journal of Information Technology & Privacy Law
In criminal investigation when hours may mean the difference between successful resolution of a case or not, law enforcement must have an effective method of obtaining necessary information. The author offers an overview of the Electronic Communications Privacy Act (ECPA) and proceeds in a presentation of cybercrime investigations. The article further examines the differences and the occasional conflict existing between the federal and state law, traced into the variety and multitude of state and local laws and procedures regulating the obtaining of information but also into lack of state and local resources. Indeed state and local laws not only differ …
The Concept Of "Harm" In Computer-Generated Images Of Child Pornography, 22 J. Marshall J. Computer & Info. L. 717 (2004), Jisuk Woo
UIC John Marshall Journal of Information Technology & Privacy Law
There has been a lot of controversy about the harm caused by computer-generated child pornography. This article examines the new ways in which technological development has created new concerns about child pornography especially in the context of challenging the concept of “harm” in the existing child pornography law. The author presents and discusses the existing child pornography laws and jurisprudence as well as the relevant arguments raised against it most of which are based on the “harm” caused by child pornography. This concept of “harm” and the different ways it is conceived and understood is analyzed and empirical evidence supporting …
Retention Of Communications Data: A Bumpy Road Ahead, 22 J. Marshall J. Computer & Info. L. 731 (2004), Abu Bakar Munir, Siti Hajar Mohd Yasin
Retention Of Communications Data: A Bumpy Road Ahead, 22 J. Marshall J. Computer & Info. L. 731 (2004), Abu Bakar Munir, Siti Hajar Mohd Yasin
UIC John Marshall Journal of Information Technology & Privacy Law
The EU Electronic Privacy Directive of 2002 requires members to ensure the confidentiality of communications but allows member states to restrict the scope of such protection for national security and defense reasons as well as to prevent, investigate detect and prosecute crimes. Despite the criticism a provision on retention of communications date was inserted, reversing thus the position taken under the previous EU Telecommunications Privacy Directive of 1997. This article presents the evolution of the EU Electronic Privacy Directive of 2002 starting from the initial proposal of 2000 which did not include a retention of data provision, to the final …
"You Have The Right To Remain Silent . . . You Have No Right To Your Dna" Louisiana's Dna Detection Of Sexual And Violent Offender's Act: An Impermissible Infringement On Fourth Amendment Search And Seizure, 22 J. Marshall J. Computer & Info. L. 759 (2004), Reneé A. Germaine
UIC John Marshall Journal of Information Technology & Privacy Law
In 2003 Louisiana legislature enacted the DNA Detection Of Sexual And Violent Offenders Act requiring that any person arrested for certain offenses must submit to a DNA sample extraction to be stored with the State’s DNA databank, for the purpose to be utilized as a tool for identification in the criminal investigation and in discovering missing persons. The comment, after a brief presentation of the history of the Act and the DNA technology overview, argues that the Act infringes the Fourth Amendment protections against unreasonable search and seizure. It presents the already established standards of probable cause as well as …
To: [email protected]: Privilege At Risk?, 23 J. Marshall J. Computer & Info. L. 75 (2004), Dion Messer
To: [email protected]: Privilege At Risk?, 23 J. Marshall J. Computer & Info. L. 75 (2004), Dion Messer
UIC John Marshall Journal of Information Technology & Privacy Law
As more attorneys now days use the e-mail as their primary source of communication with their clients, new issues arise regarding the potential threat to attorney-client communication privilege resulting from the standard and systematic employer monitoring of their employees e-mails. Indeed employers monitor their employees’ computer use and in some cases terminate employees as result of this monitoring, for various reasons such as to increase of employee productivity and efficiency, protect their public image, prevent workplace harassment, protect their Intellectual Property assets and their network capacity. Given the systematic workplace monitoring but also the fact that contrary to the American …
Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller
UIC John Marshall Journal of Information Technology & Privacy Law
With the increasing use of the Internet, all on-line users, web site owners, e-commerce companies and consumers alike, feel the need to be able to rely on clear standards for a potential contract or tort lawsuit following the Internet presence that could lead to multinational litigation. This goal could be achieved if the negotiations of the Hague Convention on international jurisdiction and enforcement of foreign judgments in civil and commercial matters succeed in harmonizing the rules of the different legal systems around the globe, or at least create a minimum standard for legal cases which would benefit greatly e-commerce and …
Geo-Location Technologies And Other Means Of Placing Borders On The 'Borderless' Internet, 23 J. Marshall J. Computer & Info. L. 101 (2004), Dan Jerker B. Svantenson
Geo-Location Technologies And Other Means Of Placing Borders On The 'Borderless' Internet, 23 J. Marshall J. Computer & Info. L. 101 (2004), Dan Jerker B. Svantenson
UIC John Marshall Journal of Information Technology & Privacy Law
Until recently it was considered impossible or at least pointless to attempt to identify the actual geographic location of Internet users in the online environment. However, this is changing and, although extremely accurate geographical identifiers do not exist, more geo-location technologies are used to track the location of the Internet users for a variety of reasons such as fraud detection, authentication, content targeting, security and network efficiency, conditioning access and legal compliance. The article distinguishes between hard protection provided by geo-location technologies and soft protection provided by non-technical means. It then proceeds in presenting and examining the geo-location technologies, sophisticated …
The Truth About The Truth In Domain Names Act: Why This Recently Enacted Law Is Unconstitutional, 23 J. Marshall J. Computer & Info. L. 141 (2004), Michael Honig
UIC John Marshall Journal of Information Technology & Privacy Law
In April 2003 the Prosecutorial Remedies and other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act) was enacted with the goal to protect children from abduction and abuse and achieve a more aggressive pursuit of the individuals committing crimes against the children. Although the AMBER Alert system is the most known portion of the legislation other provisions including the Truth in Domain Names Act (TDNA) making the use of a misleading Internet domain name to deceive a person to view pornography a criminal offense were also included. This comment first discusses the case of John …
Open And Closed: Captioning Technology As A Means To Equality, 23 J. Marshall J. Computer & Info. L. 159 (2004), Faye Kuo
UIC John Marshall Journal of Information Technology & Privacy Law
It is well known that going to the movies is an extremely popular pastime for the Americans. However for millions of Americans who are deaf or hard of hearing this is not something that they can enjoy in the same terms as the rest of the other movie goers since most movie theater operators consider that providing “equal access” to deaf or hard of hearing individuals consists only of allowing them to enter the theater, purchase and ticket and sit down not install captioning technology so that deaf or hard of hearing individuals could actually understand the movie shown. The …