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Articles 211 - 240 of 902
Full-Text Articles in Computer Law
Deadly Combinations: A Framework For Analyzing The Gpl’S Viral Effect, 25 J. Marshall J. Computer & Info. L. 487 (2008), Ron Phillips
Deadly Combinations: A Framework For Analyzing The Gpl’S Viral Effect, 25 J. Marshall J. Computer & Info. L. 487 (2008), Ron Phillips
UIC John Marshall Journal of Information Technology & Privacy Law
Free and Open Source Software (FOSS) is free to use and can be downloaded from the Internet. This paper argues that adaptations that combine community source licensed software with an organization’s own intellectual property can trigger “viral” terms of the community source licenses in unexpected ways. The author proposes a model framework for analyzing software combinations to determine whether the viral terms are triggered, and illustrate that analysis against various technical combinations of community-sourced and proprietary software. Author Footnote: Vice President and General Counsel, Serlio Software Development Corporation; J.D. MarquetteUniversity Law School; B.S. University of Washington.
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
UIC John Marshall Journal of Information Technology & Privacy Law
Alleging software and data-base infringement is probably the most common offensive strategy currently seen in high-tech copyright litigation. In the context of a hypothetical factual setting, this article explores three potential pitfalls attendant to such a strategy, and suggests ways to minimize those risks.
The Americans With Disabilities Act And Internet Accessibility For The Blind, 25 J. Marshall J. Computer & Info. L. 543 (2008), Katherine Rengel
The Americans With Disabilities Act And Internet Accessibility For The Blind, 25 J. Marshall J. Computer & Info. L. 543 (2008), Katherine Rengel
UIC John Marshall Journal of Information Technology & Privacy Law
This comment analyzes the current debate over Internet accessibility for the blind. The author proposes an amendment to the ADA which would require that all Web sites make reasonable accommodations so they are accessible to the visually impaired. The amendment would comply with the purpose of the ADA, and promote the public policy of equal access to all. Finally, the author concludes that, given the Internet’s prevalence in today’s society, an amendment to the ADA is essential to promote equality and bring the ADA into the Internet age.
Information Convergence: At The Boundaries Of Access: Introduction, 25 J. Marshall J. Computer & Info. L. 585 (2008), Doris E. Long, Leslie Ann Reis
Information Convergence: At The Boundaries Of Access: Introduction, 25 J. Marshall J. Computer & Info. L. 585 (2008), Doris E. Long, Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
This introduction describes "information convergence," the subject of the Symposium presented at The John Marshall Law School by The Center for Information Technology and Privacy Law and The Center for Intellectual Property Law. The introduction previews the speeches and presentations given at the Symposium and featured in this issue of the Journal.
Convergence At The Boundaries Of Information Analysis And Security Technology, 25 J. Marshall J. Computer & Info. L. 599 (2008), Charisse Castagnoli
Convergence At The Boundaries Of Information Analysis And Security Technology, 25 J. Marshall J. Computer & Info. L. 599 (2008), Charisse Castagnoli
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the problems posed to information security as a result of the unintended changes in either technology or the ways in which we interact with new access platforms. From data security to cyberbullying, to the threats posed by the increasing number of medical devices controlled by remote access, she outlines a rapidly changing world where the convergences between information and technology pose serious threats to information security and access.
Litigating At The Boundaries, 25 J. Marshall J. Computer & Info. L. 609 (2008), Keith G. Chval
Litigating At The Boundaries, 25 J. Marshall J. Computer & Info. L. 609 (2008), Keith G. Chval
UIC John Marshall Journal of Information Technology & Privacy Law
This article details some of the real world challenges facing the legal processes in the United States as information storage and retrieval technology outstrips legal procedures for dealing with these processes. Describing a “perfect storm” of litigation needs, technology and information concerns, he describes the continuing stumbling blocks in dealing effectively with an information world which is becoming increasingly digital, on more consumer devices that may make the protection and discovery of such information increasingly problematic.
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the process of innovation and releasing so-called negative information to help others in the process to innovate. The article focuses on patent law and asks the questions: Why do people innovate? Does the legal system really reflect how the process of innovation actually occurs?
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
UIC John Marshall Journal of Information Technology & Privacy Law
The author demonstrates how problematic the convergences between Internet technology, the demands of a burgeoning e-market, and trademark laws have created a myriad of issues in international governance of domain names. While the Internet Corporation for Assigned Names and Numbers (“ICANN”) has been tasked with resolving some of the most problematic information ownership issues in e-commerce, she demonstrates that current changes in domain name registries ignore the real world problems posed by these convergences.
The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest Of Information Convergence, 25 J. Marshall J. Computer & Info. L. 635 (2008), Sheldon Halpern
UIC John Marshall Journal of Information Technology & Privacy Law
The author shows that convergence has placed trademark law in the center of some of the hard-fought battles over information ownership in intellectual property. From fights over moral rights, to collisions with patents, trademarks in the new technological age have raised questions that he suggests might be better analyzed if the associative nature of trademarks were recognized and applied.
Access To Computer Programs Under The Dmca, 25 J. Marshall J. Computer & Info. L. 641 (2008), Dennis S. Karjala
Access To Computer Programs Under The Dmca, 25 J. Marshall J. Computer & Info. L. 641 (2008), Dennis S. Karjala
UIC John Marshall Journal of Information Technology & Privacy Law
The author explores the convergences between technology and information in the critical area of computer programs and the DMCA. Examining recent attempts to raise protected access control measures under the DMCA to non-communication related content, he demonstrates that not all fears of unlimited expansion of copyright are justified. To the contrary, courts are showing a remarkable sensitivity to the problem.
When Worlds Collide: The Uneasy Convergence Of Creativity And Innovation, 25 J. Marshall J. Computer & Info. L. 653 (2008), Doris E. Long
When Worlds Collide: The Uneasy Convergence Of Creativity And Innovation, 25 J. Marshall J. Computer & Info. L. 653 (2008), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
The author contends that in the area of computer software protection convergence has resulted in confusion in the goals of copyright and patent laws to the detriment of both. By confusing “innovation” with “creativity,” she contends that copyright protection has been strained by its efforts to fit the demands of functional code within its expressive protection goals. She concludes by suggesting that we go “back to the future” to resurrect an international sui generis system for software and allow both copyright and patent to go back to their original, and distinctly different, policy goals.
Information Governance, 25 J. Marshall J. Computer & Info. L. 673 (2008), Michael J. Madison
Information Governance, 25 J. Marshall J. Computer & Info. L. 673 (2008), Michael J. Madison
UIC John Marshall Journal of Information Technology & Privacy Law
The author goes back to the first principles of information governance and discusses what impact the means and methods that we chose to control information has on the nature of information itself. Focusing on the Google Book Project, he suggests an analytical method for considering information access and control issues that avoids privileging any particular player and instead focuses on information governance as a dynamic process.
The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti
The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti
UIC John Marshall Journal of Information Technology & Privacy Law
The article looks at the threats accompanying online shopping, such as identity theft and aggregated data files. Such issues arise when companies carelessly lose laptops filled with unencrypted data or callously sell data on the open market with collected personally identifying information (PII). The article explains that although privacy policies are supposed to force companies to strengthen their privacy practices they are not always effective because companies often post inconspicuous, vague and legalese-filled policies. These ambiguous postings cause online shoppers to blindly submit PII and ignore privacy practices completely. The article proposes a solution to this problem through the standardization …
Opening The Red Cross International Tracing Service Archive, 26 J. Marshall J. Computer & Info. L. 161 (2008), Kenneth Waltzer
Opening The Red Cross International Tracing Service Archive, 26 J. Marshall J. Computer & Info. L. 161 (2008), Kenneth Waltzer
UIC John Marshall Journal of Information Technology & Privacy Law
The Red Cross International Tracing Service Archive in Bad Arolsen contains nearly 17.5 million names and nearly 50 million World War II and post-war era documents. The Bonn Accords designated the International Tracing Service (“ITS”) as the sole caretaker of these documents. A recent revision to the Bonn Accords has resulted in a reopening of archives at Bad Arolsen. ITS has started to digitize materials, and the data has been distributed to designated research institutions. The revision also resulted in access to the archives for research purposes. This expanded availability of the information has raised a number of important questions …
Beyond Whiffle-Ball Bats: Addressing Identity Crime In An Information Economy, 26 J. Marshall J. Computer & Info. L. 47 (2008), Erin Kenneally, Jon Stanley
Beyond Whiffle-Ball Bats: Addressing Identity Crime In An Information Economy, 26 J. Marshall J. Computer & Info. L. 47 (2008), Erin Kenneally, Jon Stanley
UIC John Marshall Journal of Information Technology & Privacy Law
The article discusses the challenges to the protection of private personal information in the age of rapid technological changes and advances with a particular focus on the explosion of Identity Theft Crime (IDC). The paper highlights the compartmentalized and imbalanced roles that the free market and law enforcement (LE) play in response to this emerging threat to privacy, the implications of this dynamic, and recommendations for improving the societal risk management of Identity Crime.
United States V. Andrus: Password Protect Your Roommate, Not Your Computer, 26 J. Marshall J. Computer & Info. L. 183 (2008), Sarah M. Knight
United States V. Andrus: Password Protect Your Roommate, Not Your Computer, 26 J. Marshall J. Computer & Info. L. 183 (2008), Sarah M. Knight
UIC John Marshall Journal of Information Technology & Privacy Law
The article looks at the decision in United States v. Andrus, where it was determined that the police could obtain consent from a father to search an adult son’s computer without first checking if the father who gave consent know the password and therefore had apparent authority to search. The police used Encase, software designed to make a forensic copy of a hard drive, without even turning on the computer. The 10th Circuit majority opinion decided the police committed no error when they conducted the search. The article’s author argues that the dissenting opinion took the correct position in its …
Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner
Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner
UIC John Marshall Journal of Information Technology & Privacy Law
In this comment the author examines the new and growing body of federal opinions citing Wikipedia an authoritative source. The comment details how Wikipedia articles are generated, and the ease with which anyone can edit them, to illustrate their shortcomings as sources for making judicial determinations. The author provides examples of federal cases where judges rely on Wikipedia to define terms ranging from colloquial phrases to medical equipment. The author points out that in spite of several academic institutions and the U.S. Trade and Patent Office banning it as a source, federal judges continue to rely on Wikipedia in their …
The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law:Summary Of Bench Memorandum, 26 J. Marshall J. Computer & Info. L. 259 (2008), Robin Ficke, James Lai, Steven Tseng, Panagiota Kelali
The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law:Summary Of Bench Memorandum, 26 J. Marshall J. Computer & Info. L. 259 (2008), Robin Ficke, James Lai, Steven Tseng, Panagiota Kelali
UIC John Marshall Journal of Information Technology & Privacy Law
Petitioner, Alex Romero (“Romero”), appeals to the Marshall Supreme Court from an order granting summary judgment in favor of Respondent, Windbucket Entertainment, LLC (“Windbucket”). Romero’s lawsuit alleged that Windbucket and a third party (not a party to the present appeal) were liable to him for invasion of privacy by intrusion upon seclusion. Romero then sought discovery sanctions against Windbucket for violations of Marshall Rule of Civil Procedure 37. The issues in the case concern whether a subscriber to an Internet-based, multiplayer computer game can state a valid invasion of privacy claim against the game’s publisher, when liability is based on …
The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 26 J. Marshall J. Computer & Info. L. 283 (2008), David Caras, Jennifer Robbins, Zach Rudisill
The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 26 J. Marshall J. Computer & Info. L. 283 (2008), David Caras, Jennifer Robbins, Zach Rudisill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 26 J. Marshall J. Computer & Info. L. 321 (2008), Adam Powell, Erin Blake, Kris Kokotayo
The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 26 J. Marshall J. Computer & Info. L. 321 (2008), Adam Powell, Erin Blake, Kris Kokotayo
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
All Rights Reserved: Does Google's "Image Search" Infringe Vested Exclusive Rights Granted Under The Copyright Law?, 41 J. Marshall L. Rev. 487 (2008), Eugene Goryunov
All Rights Reserved: Does Google's "Image Search" Infringe Vested Exclusive Rights Granted Under The Copyright Law?, 41 J. Marshall L. Rev. 487 (2008), Eugene Goryunov
UIC Law Review
No abstract provided.
Orwell Was An Optimist: The Evolution Of Privacy In The United States And Its De-Evolution For American Employees, 42 J. Marshall L. Rev. 83 (2008), Robert Sprague
UIC Law Review
No abstract provided.
Beyond Microsoft: Intellectual Property, Peer Production And The Law's Concern With Market Dominance, 18 Fordham Intell. Prop. Media & Ent. L.J. 291 (2008), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.
Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers
UIC John Marshall Journal of Information Technology & Privacy Law
Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
UIC John Marshall Journal of Information Technology & Privacy Law
Application Service Providing ("ASP"), where a vendor hosts a software application on her server and grants customers access to the application over a network -- without the software application itself being installed on the user’s computer -- is used by many, e.g. in the form of Web based e-mail services, and grows ever more important. This article argues that although ASP mainly raises questions (i) that come up in the context of traditional use of computer programs; or (ii) that have been addressed in the context of online use of works other than software, ASP has significantly different copyright implications …
The Fda And The Future Of The Brain-Computer Interface: Adapting Fda Device Law To The Challenges Of Human-Machine Enhancement, 25 J. Marshall J. Computer & Info. L. 117 (2007), Eric Chan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila
UIC John Marshall Journal of Information Technology & Privacy Law
In late 2006, the FCC’s Consumer and Government Affairs Bureau (“CGB”) issued the Anglers Order, providing a wholesale exemption for non-profit entities seeking to avoid the strictures of the Commission’s closed captioning rules. Disability advocates quickly criticized the Anglers Order on administrative law and communications law grounds. This paper avoids administrative law and communications law issues, but instead criticizes the Anglers Order on non-profit law and policy grounds. The paper then recommends and supports a post-application, narrowly-tailored financial test, automatically exempting A) non-profit organizations, with B) less than $25,000 in annual revenue, who C) receive no financial compensation for airing …
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
UIC Law Review
No abstract provided.