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Articles 31 - 37 of 37
Full-Text Articles in Computer Law
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
All Faculty Scholarship
No abstract provided.
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
All Faculty Scholarship
On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
All Faculty Scholarship
As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.
Copyright, Licensing, And The First Screen , Ronald A. Cass
Copyright, Licensing, And The First Screen , Ronald A. Cass
Michigan Telecommunications & Technology Law Review
As patent, copyright, and other intellectual property rights have assumed greater economic importance, the manner in which those rights are used has come under increased scrutiny. Recently filed antitrust litigation against Microsoft Corporation, for example, focuses on the terms under which Microsoft has licensed its Windows® operating system to computer manufacturers (generally referenced as OEMs, for Original Equipment Manufacturers). In particular, parties to the litigation complain about the license agreements' requirement that the first screen to appear when customers initially turn on ("boot up") a computer display certain features common across all Windows-based platforms. The "first screen provision" has been …
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Michigan Telecommunications & Technology Law Review
Although the antitrust laws apply to all industries, the application must be tempered in each case by the myriad ways in which competition can be modified by structural, behavioral, technological, regulatory, and other characteristics. The Commission applies the antitrust laws with sensitivity to the special characteristics of high-tech industries and of intellectual property, but also with the recognition that--as in other industries--competition plays an important role in spurring innovation and in spreading the benefits of that innovation to consumers. This focus is not new. This balanced approach has roots that go back at least to the 1977 Antitrust Guide to …
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
All Faculty Scholarship
This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.