Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (40)
- Privacy Law (33)
- Science and Technology Law (32)
- Intellectual Property Law (16)
- International Law (10)
-
- First Amendment (3)
- Comparative and Foreign Law (2)
- Contracts (2)
- Entertainment, Arts, and Sports Law (2)
- Banking and Finance Law (1)
- Communications Law (1)
- Consumer Protection Law (1)
- Cultural Heritage Law (1)
- European Law (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Writing and Research (1)
- Marketing Law (1)
- State and Local Government Law (1)
- Tax Law (1)
- Institution
- Keyword
-
- Internet (9)
- Liberalism (5)
- Sovereignty (Political science) (5)
- Transborder data flow (5)
- Internet Law (3)
-
- Cyberspace (2)
- Sovereignty (2)
- ADR (1)
- ATM (1)
- Access Rights (1)
- Article 2B (1)
- Author exploiter contract (1)
- Berkeley Technology Law Journal (1)
- Blumenthal v. Drudge (1)
- CDA (1)
- Commerce (1)
- Communications Decency Act (1)
- Comparative law (1)
- Computer Law (1)
- Computers (1)
- Conflict of laws (1)
- Copyright (1)
- Copyright law (1)
- Copyright license (1)
- Cubby (1)
- Cyperspace (1)
- Daniel v. Dow Jones & Co (1)
- Digital Cash (1)
- Digital signatures (1)
- Doe v. America Online (1)
- Publication
- Publication Type
Articles 1 - 30 of 55
Full-Text Articles in Computer Law
Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz
Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz
BYU Law Review
No abstract provided.
Domain Names, Globalization, And Internet Governance, Marshall Leaffer
Domain Names, Globalization, And Internet Governance, Marshall Leaffer
Indiana Journal of Global Legal Studies
No abstract provided.
Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed
Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed
Indiana Journal of Global Legal Studies
No abstract provided.
The Reality Of Bytes: Regulating Economic Activity In The Age Of The Internet, Michael A. Geist
The Reality Of Bytes: Regulating Economic Activity In The Age Of The Internet, Michael A. Geist
Washington Law Review
By utilizing both a backward and forward looking perspective, this Article develops a model conducive to better understand the Internet's legal implications on economic regulation. The model is also intended to help legislators and regulators adapt their legal and regulatory frameworks to the Internet. This Article canvasses and builds upon the burgeoning development of Internet law. It suggests that the Internet's impact on economic regulation is best understood by classifying its effects into four categories, each of which requires a different regulatory response. It also considers potential solutions for adapting economic regulation to the Internet. This Article concludes that no …
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
Indiana Journal of Global Legal Studies
No abstract provided.
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Indiana Journal of Global Legal Studies
No abstract provided.
Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki
Indiana Journal of Global Legal Studies
No abstract provided.
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: The Internet And The Sovereign State: The Role And Impact Of Cyberspace On National And Global Governance Symposium, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer
Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer
Indiana Journal of Global Legal Studies
No abstract provided.
The "Unsettled Paradox": The Internet, The State, And The Consent Of The Governed, David G. Post
The "Unsettled Paradox": The Internet, The State, And The Consent Of The Governed, David G. Post
Indiana Journal of Global Legal Studies
No abstract provided.
On The Internet And Sovereignty, Saskia Sassen
On The Internet And Sovereignty, Saskia Sassen
Indiana Journal of Global Legal Studies
No abstract provided.
Malaysia's "Computer Crimes Act 1997" Gets Tough On Cybercrime But Fails To Advance The Development Of Cyberlaws, Donna L. Beatty
Malaysia's "Computer Crimes Act 1997" Gets Tough On Cybercrime But Fails To Advance The Development Of Cyberlaws, Donna L. Beatty
Washington International Law Journal
Malaysia is in the process of developing the Multimedia Super Corridor ("MSC"), a high-tech zone sometimes called "the Silicon Valley of the East." As a way of attracting investors to the MSC, Malaysia is adopting business-friendly policies and comprehensive "cyberlaws" designed to assure MSC participants that they and their technology will be protected. One of Malaysia's many goals is to be a leader in the development of cyberlaws. However, the Computer Crimes Act 1997 is too flawed to place Malaysia in that role. The Computer Crimes Act is designed to prevent computer crimes such as hacking, virus planting and the …
Procd, Inc. V. Zeidenberg: The End Does Not Justify The Means In Federal Copyright Analysis, Brett L. Tolman
Procd, Inc. V. Zeidenberg: The End Does Not Justify The Means In Federal Copyright Analysis, Brett L. Tolman
BYU Law Review
No abstract provided.
Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr.
Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
The increasing use of the Internet as a marketplace has invariably resulted in a race for recognition among market forces. The use of slogans and trade names, which in the "real world" are the centerpiece for competition, has followed onto the Internet. These "domain names" are the lifeblood of businesses competing for the almighty dollar from consumers. As the billion dollar a year Internet business place has developed, the fight over domain names began. Today as a result of the lack of domains available, lawsuits and disputes have resulted. The inability or unwillingness of Internic and the government to find …
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
UIC John Marshall Journal of Information Technology & Privacy Law
The advent of patent protection for genetically engineered inventions occurred in 1980 with the landmark Supreme Court decision in Diamond v. Chakrabarty. Following the lead of the Supreme Court, the Patent and Trademark Office ("PTO"), in 1987, issued a new regulatory ruling that expanded the PTO's statutory interpretation of 35 U.S.C. § 101 patentable subject matter to include devices based upon nonnatural occurring manufacture or composition of matter resulting from some level of human intervention in the modification of nonhuman organisms. One year following the PTO proclamation, the first patent for a transgenic animal issue to Professors Leder and Stewart …
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet offers a means to create, copy and distribute copyrighted works of a quality and in a volume that was simply unknown before the World Wide Web was developed. A single Web page can be viewed by any of the millions of people with Internet access anywhere around the world, and "viewed" in terms of the Internet necessarily means "copied." This presents a problem when considered in the light of the First-Sale doctrine, which is part and parcel of § 109 of the Copyright Act. The doctrine allows a person to make a single copy of a copyrighted work …
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
UIC John Marshall Journal of Information Technology & Privacy Law
The United States was once the major producer of goods in the world. Today, the United States is the major consumer of goods. In addition, the United States is now the major developer and distributor of information such as software, content, news and entertainment. As a result of this new emphasis in information and services in the United States, Article 2B of the U.C.C. deals with transactions and subject matter that have never been covered by a U.C.C. There are many issues reflecting modern commerce. It is important for everyone to understand why an economy and commerce based on information …
Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad
Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad
UIC John Marshall Journal of Information Technology & Privacy Law
The Uniform Commercial Code is a product of business practices and social change. During the last two decades, the United States has transformed from an agrarian economy into an industrial power. Recently, the United States has transformed again into a post-industrial society predicated upon the copyright industries. Article 2 of the U.C.C. was drafted more than fifty years ago before the rise of the software industry and the Internet. The proposed Article 2B of the U.C.C. will recognize the new copyright industries and provide a commercial law tailored for the transfer of data, text and other forms of information. The …
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
UIC John Marshall Journal of Information Technology & Privacy Law
Various provisions in proposed U.C.C. Article 2B seek to increase the protection that is currently afforded to consumers. Generally, consumer law is made up of a series of default rules which operate in commercial settings. The default rules function in such a way as to free commercial entities from having to contract for every minor detail. However, default rules often function to the detriment of consumers because the consumer is not is a position to negotiate the provisions nor can they appreciate the ramifications of the default provisions. The purpose of the U.C.C. has been to provide default rules while …
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
UIC John Marshall Journal of Information Technology & Privacy Law
Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown. The purpose underlying implied warranties of merchantability is to ensure that the consumer is receiving a product that meets a minimal standard of consumer expectation; however, this threshold is difficult to measure when attempting to measure consumer expectation of computer software. The proposed U.C.C. Article 2B seeks to remedy this problem by removing some of the ambiguity. The implied warranty of merchantability had its genesis in the English commodities markets. As an action in tort, the implied warranty of merchantability protected a buyer …
Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson
Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson
UIC John Marshall Journal of Information Technology & Privacy Law
Buyers and Sellers of goods make all kinds of statements to each other about the nature of the contract between them. They make promises and state conditions that relate to price, quantity, means of delivery, remedies, repairs and maintenance, and a whole host of other terms. Interestingly, Section 2-313 of Article 2 of the Uniform Commercial Code ("U.C.C.") takes one kind of statement, express warranties, and treats it in a very special manner. This article will examine the reason for this different treatment and ask whether such different treatment should be extended into the draft of Section 2B-402, Express Warranties, …
Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris
Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
Proposed Article 2B seeks to minimize the conflict between the software developer and a client as to whether the contract is for goods or services. If the contract is for goods, then the client would receive the protection of a buyer under Article 2 of the U.C.C. If the contract is for services, then Article 2 does not apply and the relationship is governed by contract and common law principles. Proposed Article 2B will resolve this conflict by recognizing that development contracts are a mixture of goods and services and will also seek to provide default rules. Section 2B-617(b) of …
The Perpetuation Of Litigation Within The Commercial Industry: Soon Brought To A Screeching Halt, 16 J. Marshall J. Computer & Info. L. 421 (1998), Rhonda Salleé
UIC John Marshall Journal of Information Technology & Privacy Law
Prior to the drafting of Article 2B of the Uniform Commercial Code ("U.C.C."), courts applied Article 2: Sales, by analogy, to transactions that involved licensing of software agreements. The courts used the "predominant feature test" to reach these decisions. This resulted in varying decisions among the states which is contrary to the need for uniformity within the software industry. Pursuant to Article 2B, a license is a "contract that expressly authorizes, prohibits or controls access to or use of information, limits the scope of the rights granted, or affirmatively grants less than all rights in the information, whether or not …
Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang
Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang
UIC John Marshall Journal of Information Technology & Privacy Law
In ProCD, Inc. v. Zeidenberg, the Seventh Circuit validated a licensor's shrink-wrap license. This court was one of the first courts to validate such licenses. The case involved a graduate student, Zeidenberg, who purchased ProCD's telephone directory software program which contained the shrink-wrap license at issue. After Zeidenberg took the software home, he downloaded the information in the software into his computer and put the information onto a website, despite the language on the computer screen prohibiting such dissemination of the software's contents. Then, Zeidenberg allowed Internet users to use his website to access the directory originally located on the …
Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt
Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico
Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.