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Computer Law Commons

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2008

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Articles 31 - 60 of 115

Full-Text Articles in Computer Law

Back Matter Mar 2008

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter Mar 2008

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Mar 2008

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan Mar 2008

Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Vii, Tab 38 - Ex. 64 - Holden Deposition (Google Pm Director), Richard T. Holden Mar 2008

Vol. Vii, Tab 38 - Ex. 64 - Holden Deposition (Google Pm Director), Richard T. Holden

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold Mar 2008

Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Zappers: Tax Fraud, Technology And Terrorist Funding, Richard Thompson Ainsworth Feb 2008

Zappers: Tax Fraud, Technology And Terrorist Funding, Richard Thompson Ainsworth

Faculty Scholarship

"Zappers," or automated sales suppression devices, have brought unheard of efficiencies and economies of scale to a very simple tax fraud - skimming cash sales at point of sale (POS) terminals (electronic cash registers). Until recently the largest tax fraud case in Connecticut, also the "largest computer driven tax-evasion case in the nation," was a zapper case. Stew Leonard's Dairy in Norwalk Connecticut skimmed $17 million in receipts and hid the cash in St. Martin (a Caribbean island). Talal Chahine and his wife, Elfat El Aouar, owners of the La Shish restaurant chain in Detroit Michigan have the dubious honor …


Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu Feb 2008

Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner Jan 2008

Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner

All Faculty Scholarship

Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers’ freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and …


Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray Jan 2008

Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray

UIC John Marshall Journal of Information Technology & Privacy Law

In this paper the author points out that complexity is at the heart of much of the work of today’s academia. The paper explains how the role of an academic researcher may be defined as studying and modelling complexity in an effort to make it accessible to a wider audience. This article models the complexity of regulatory relationships in communications networks and in particular the Internet. First, the article models the complexity of the regulatory environment. Next, it explains how regulators may harness the power of the network to achieve effective regulatory settlements by harnessing symbiotic regulation. Finally, it explains …


The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn Jan 2008

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Future Of Licensing Music Online: The Role Of Collective Rights Organizations And The Effect Of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008), Neil Conley Jan 2008

The Future Of Licensing Music Online: The Role Of Collective Rights Organizations And The Effect Of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008), Neil Conley

UIC John Marshall Journal of Information Technology & Privacy Law

The current licensing regime practiced by collective rights organizations (“CROs”) is preventing rights holders from being able to reap the financial benefits that the Internet and digital transmissions of music can provide. The problem is that CROs license online music on a restrictive, national basis where the online transmission of music is worldwide, unrestricted by national boundaries. This territorially restrictive licensing system began in the nineteenth century and was practical for geographically limited methods by which music was played and transmitted. However, licenses to transmit music online or in the digital environment in general are restricted on a national basis …


Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan Jan 2008

Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan

UIC John Marshall Journal of Information Technology & Privacy Law

The author demonstrates how the convergences of technology, national security and an ever expanding media pose critical problems for the protection, dissemination and employment of information for national security purposes. Focusing on the methods and harms posed by the inadvertent and intentional disclosure of operational information, he proposes a three-part remedy that balances transparency with national security concerns and underscores the critical role that any information may hold in these days of heightened security.


Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush Jan 2008

Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu Jan 2008

All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie Jan 2008

Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger Jan 2008

Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat Jan 2008

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton Jan 2008

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Deadly Combinations: A Framework For Analyzing The Gpl’S Viral Effect, 25 J. Marshall J. Computer & Info. L. 487 (2008), Ron Phillips Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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.