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Articles 4231 - 4260 of 4659

Full-Text Articles in Computer Law

International Antitrust Enforcement In The Computer Industry, Joel Klein, Preeta Bansal Jan 1996

International Antitrust Enforcement In The Computer Industry, Joel Klein, Preeta Bansal

Villanova Law Review (1956 - )

No abstract provided.


European Union Directive On Personal Privacy Rights And Computerized Information, Rosario Imperiali D'Afflitto Jan 1996

European Union Directive On Personal Privacy Rights And Computerized Information, Rosario Imperiali D'Afflitto

Villanova Law Review (1956 - )

No abstract provided.


Creative Technology, Ltd. V. Aztech System, Pte, Ltd.: The Ninth Circuit Sends A United States Copyright Infringement Case To Singapore On A Motion Of Forum Non Conveniens, Lynn Carino Jan 1996

Creative Technology, Ltd. V. Aztech System, Pte, Ltd.: The Ninth Circuit Sends A United States Copyright Infringement Case To Singapore On A Motion Of Forum Non Conveniens, Lynn Carino

Villanova Law Review (1956 - )

No abstract provided.


Taking A Byte Out Of Crime: E-Mail Harassment And The Inefficacy Of Existing Law, Gene Barton Apr 1995

Taking A Byte Out Of Crime: E-Mail Harassment And The Inefficacy Of Existing Law, Gene Barton

Washington Law Review

Computer abuse is advancing as quickly as computer technology. The laws, however, have yet to address computer harassment to a significant degree. Existing law is insufficient, and current efforts fall short of what is needed. This Comment identifies the need for new law, examines the shortcomings of what has been tried to date, and proposes general concepts for a comprehensive computer harassment law. This Comment concludes with a proposal for specific legislation for the state of Washington.


Should Local Governments Sell Local Spatial Databases Through State Monopolies?, Henry H. Perritt Jr. Mar 1995

Should Local Governments Sell Local Spatial Databases Through State Monopolies?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein Jan 1995

Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …


Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel Jan 1995

Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel

UIC John Marshall Journal of Information Technology & Privacy Law

The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the …


1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman Jan 1995

1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman

UIC John Marshall Journal of Information Technology & Privacy Law

This bench memorandum details the issues from both the plaintiff's and defendant's perspective in a case involving computer-generated child pornography available on the Internet. The following is a brief statement of the facts: The defendant, George Gress, owns a photography studio in which he specializes in photographing child models for department store and mail-order catalogues. Gress is also an amateur computer programmer and operator ("sysop") of an electronic bulletin board system (BBS) that is accessible over the Internet. Appearing on Gress' BBS is an interactive sex program titled "Kid Stuff," which displays images of young children and allows users to …


1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa Jan 1995

1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Interactive Computing: Joint Work Status For User And Programmer, Michelle Lynn Birnbaum Jan 1995

Interactive Computing: Joint Work Status For User And Programmer, Michelle Lynn Birnbaum

Touro Law Review

No abstract provided.


Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow Jan 1995

Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow

UIC John Marshall Journal of Information Technology & Privacy Law

National Information Infrastructure, the Information Superhighway and the Electronic Superhighway are no longer discussions of the past but are omnipresent vocabularies of the day -- envisioning a promise of universal access to the international networks of information and electronic communications. As the nation and the world embrace this concepts and goals, the authors in this issue discuss the need for a roadmap for such infrastructure and the level of governmental oversight as we travel along this superhighway into the future.


A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie Jan 1995

A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie

UIC John Marshall Journal of Information Technology & Privacy Law

This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular telephone …


Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes Jan 1995

Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes

UIC John Marshall Journal of Information Technology & Privacy Law

Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various …


The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis Jan 1995

The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …


A.D.A.M. -- The Computer Generated Cadaver: A New Development In Medical Malpractice And Personal Injury Litigation, 13 J. Marshall J. Computer & Info. L. 313 (1995), André M. Thapedi Jan 1995

A.D.A.M. -- The Computer Generated Cadaver: A New Development In Medical Malpractice And Personal Injury Litigation, 13 J. Marshall J. Computer & Info. L. 313 (1995), André M. Thapedi

UIC John Marshall Journal of Information Technology & Privacy Law

A.D.A.M. is a CD-ROM based, interactive, anatomical program that permits the user to view and observe the anatomical aspect of the human body used in medical schools throughout the United States. A.D.A.M. and its female counterpart E.V.E., use high-resolution graphics and color animation to show views of the human body from every conceivable angle simulating various traumas to the body. Utilizing a mouse, the A.D.A.M. user can "point and click" to reveal the various parts of the human body. Potentially, attorneys can use A.D.A.M. to demonstrate injuries and surgeries to the trier of fact in a trial proceeding. The trial …


Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec Jan 1995

Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec

UIC John Marshall Journal of Information Technology & Privacy Law

During the next decade, at least 125,000 children will become orphans of the AIDS epidemic and will need to be cared for by family members, caring adults or extended family members, or be placed in foster care. The movement toward greater disclosure of an adoptee's medical history reveals an almost complete failure to address the HIV/AIDS epidemic in this area. The adoption process does not provide a specific time when an adoptee's medical conditions are to be disclosed to adopting parents. Although the adoption process did not always serve the child's best interest, today disclosure decisions pertaining to adoption are …


Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand Jan 1995

Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand

UIC John Marshall Journal of Information Technology & Privacy Law

Computer monitors and keyboards are very common in today’s modern workplace, so it’s no surprise that the fastest growing category of workplace personal injury claims result from repetitive stress injuries (RSIs). Office workers have tried to tie the frequent and regular use of their computer keyboards to various debilitating hand and wrist disorders, and as a result such injuries account for 3/5 of all occupational injuries. Currently it is unclear whether there is a causal relationship between the use of computer keyboards and RSIs and the National Institute for Occupational Safety and Health has suggested that there is no causative …


E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross Jan 1995

E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross

UIC John Marshall Journal of Information Technology & Privacy Law

Due to the absence of legal protection available to victims of E-mail stalking, it can be very dangerous to interact with strangers on the Internet. Forty-eight states currently have anti-stalking statutes that criminalize stalking but only four of those states have provisions that protect against the crime of E-mail stalking. Even so, federal laws and most state laws have failed to provide adequate protection to victims of E-mail stalking. Perhaps a Model State Anti-Stalking Statute should be introduced which will sufficiently address E-mail stalking in a constitutional manner.


Pres-Kap, Inc. V. System One, Direct Access, Inc.: Extending The Reach Of The Long-Arm Statute Through The Internet, 13 J. Marshall J. Computer & Info. L. 433 (1995), Michael J. Santisi Jan 1995

Pres-Kap, Inc. V. System One, Direct Access, Inc.: Extending The Reach Of The Long-Arm Statute Through The Internet, 13 J. Marshall J. Computer & Info. L. 433 (1995), Michael J. Santisi

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, Santisi argues that a Florida court decision regarding personal jurisdiction was wrongly decided. In the case, the Florida Court of Appeals held that a lease contract entered into by Pres-Kap, Inc. (a New York corporation) of a database run by System One Direct Access, Inc. in Florida did not give rise to personal jurisdiction in Florida. Santisi argues that both the minimum contacts and the reasonableness factors of the “purposeful availment” test set forth in Burger King v. Rudzewicz had been satisfied by the facts of the case. Among the important facts were that Pres-Kap derived economic …


Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek Jan 1995

Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek

UIC John Marshall Journal of Information Technology & Privacy Law

Thermal imaging technology allows police to ascertain if a suspect is growing marijuana in his home by monitoring the escaping heat from the home. Conflicts between the lower courts on whether thermal imaging is sophisticated technology that is intrusive has not been resolved. Most courts rely on Katz v. United States in developing a reasonable inquiry into whether one's privacy has been invaded. The Katz test fails in part because of the second prong of the court's analysis. The second prong of the test states that an impermissible search occurs when a reasonable expectation of privacy is invaded. Consequently, prosecutors …


1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 13 J. Marshall J. Computer & Info. L. 537 (1995), Candyce Beneke, Ursual Hall, Pam Rea Jan 1995

1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 13 J. Marshall J. Computer & Info. L. 537 (1995), Candyce Beneke, Ursual Hall, Pam Rea

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak Jan 1995

Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, Mr. Szwak defines what credit cards are and discusses various legal issues that arise between debtor, creditor and merchant in credit card transactions. Szwak first explains how banks issue credit cards and how consumers should be wary because not all issuers of credit cards have particularly high standards to protect a debtor’s credit rating. Secondly, Szwak discusses the subtle differences between “authorized use, “misuse” and “unauthorized use” of a credit card. Each term has its own distinct legal meaning. Thirdly, Szwak explores court holdings on various credit disputes that involved such issues as authority, unauthorized use, fraud …


A Normative Regulatory Framework For Computer Matching, 13 J. Marshall J. Computer & Info. L. 585 (1995), Roger A. Clarke Jan 1995

A Normative Regulatory Framework For Computer Matching, 13 J. Marshall J. Computer & Info. L. 585 (1995), Roger A. Clarke

UIC John Marshall Journal of Information Technology & Privacy Law

Computer matching is a powerful data surveillance tool widely used by government agencies since its emergence in 1976. Computer matching involves the merger of data from multiple sources: data gathered for different purposes, subject to different definitions, and of variable quality. It is a mass dataveillance technique, for its purpose is to generate suspicions that errors, misdemeanors or fraud have occurred. For many years, computer matching activities were carried out in semi-secrecy. The purpose of this paper is to propose a framework within which effective regulation can be imposed on this dangerous technique. This article commences by providing background to …


In Re Alappat: A Strict Statutory Interpretation Determining Patentable Subject Matter Relating To Computer Software?, 13 J. Marshall J. Computer & Info. L. 635 (1995), Sang Hui Michael Kim Jan 1995

In Re Alappat: A Strict Statutory Interpretation Determining Patentable Subject Matter Relating To Computer Software?, 13 J. Marshall J. Computer & Info. L. 635 (1995), Sang Hui Michael Kim

UIC John Marshall Journal of Information Technology & Privacy Law

This article is a review of the Federal Circuit Court decision of In Re Alappat. The subject of the case is an invention by Alappat. This invention is a “rasterizer that produces illumination intensity data ‘used’ by a display means to illuminate pixels on a screen according to a calculated illumination intensity value.” In analyzing this case, the Federal Circuit Court interpreted 35 U.S.C. sec. 112, para. 6 strictly and held that a “programmed computer becomes a new machine.” Alappat’s application is carefully followed because “it essentially undermines the basic principle of examination” by the U.S. Patent and Trademark Office. …


In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi Jan 1995

In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi

UIC John Marshall Journal of Information Technology & Privacy Law

Unlike many foreign countries, the United States does not have an explicit rule that defines software as unpatentable subject matter. Despite the United States’ leadership position in patent protection, U.S. case law defining patentatble subject matter has evolved slowly and painfully. The legal controversy restricting software patentability stems from the principle that abstract ideas are not patentable. The Patent and Trademark Office remains uncomfortable in granting patents for inventions ideally embodied as software. Inventors’ attorneys continue to test these boundaries and the PTO continues to reject patent applications for software inventions based on the grounds that they constitute non-statutory subject …


Attorney Advertising And Solicitation On The Internet: Complying With Ethics Regulations And Netiquette, 13 J. Marshall J. Computer & Info. L. 697 (1995), Brian G. Gilpin Jan 1995

Attorney Advertising And Solicitation On The Internet: Complying With Ethics Regulations And Netiquette, 13 J. Marshall J. Computer & Info. L. 697 (1995), Brian G. Gilpin

UIC John Marshall Journal of Information Technology & Privacy Law

This comment examines several methods of attorney advertising and soliciation available on the Internet to determine whether the communications violate ethics regulations or breach netiquette. It also traces the history of advertising and solicitation in the United States from Bates v. State Bar of Arizona to Shapero v. Kentucky Bar Association. While the issue of attorney advertising in the Internet has not been addressed by the courts, analogies to traditional forms of advertising suggest guidelines for attorneys to follow when advertising on the Internet. Attorneys can and should carefully engage in advertising and solicitation on the Internet if all ethics …


Warrantless Satellite Surveillance: Will Our 4th Amendment Privacy Rights Be Lost In Space?, 13 J. Marshall J. Computer & Info. L. 729 (1995), Krysten C. Kelly Jan 1995

Warrantless Satellite Surveillance: Will Our 4th Amendment Privacy Rights Be Lost In Space?, 13 J. Marshall J. Computer & Info. L. 729 (1995), Krysten C. Kelly

UIC John Marshall Journal of Information Technology & Privacy Law

Satellite imagery is technology that allows for the recovery of graphical data, or images, of the earth. These images have such high resolution that pictures taken from space can reveal an object one meter in size. Because of its high cost, the majority of this technology has until now been limited to use by the military and large corporations. However, in light of increasing competition and ever lowering costs, satellite imagery is becoming more affordable. Therefore, the use of satellite imagery is destined to increase in both the military and private sectors. Along with affordability, the quality and resolution of …


Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy Jan 1995

Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy

UIC John Marshall Journal of Information Technology & Privacy Law

The Copyright Act has historically been amended to address technological changes. The Act has been shaped to apply to new situations not previously considered by the original authors. Rather than pass a new Copyright Act to address computer programs and technology, the current Act should be repaired. The changes made to the Copyright Act as a result of the CONTU report provide some necessary updating to the Act, but the increasing use of computer technology is demanding additional refinements to the Copyright Act. In order to amend the Copyright Act with the least amount of disruption, the definition of a …


Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter Jan 1995

Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter

UIC John Marshall Journal of Information Technology & Privacy Law

Courts focus on the Substantial Similarity test to determine copyright infringement. They also use testimony from experts and lay people. As a result, there is a tension between preserving artist’s rights and preserving a competitive market. This tension is especially problematic in the context of copyright protection of computer software. Nonetheless, copyright law does protect computer software. Resulting amendments in the Copyright Act defined "computer program" and ensured that copyright protection was extended to all computer programs. The Substantial Similarity test applied to computer programs creates several concerns. Lack of access to expert testimony in the crucial second phase of …


Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor Jan 1995

Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor

UIC John Marshall Journal of Information Technology & Privacy Law

The author analyzes the patentability of medical processes and the effect patentability has on the right to privacy essential in a physician-patient relationship. Part II of the comment provides a the legal background on the issue of the patentability of medical processes. Part III examines the impact of enforcing medical process patents and the effect disclosure of medical records has upon the privacy of the physician-patient relationship when owners of patents try to expose patent infringement. Part IV advocates that Congress should amend the Patent Act to preserve patient privacy rights when infringement is investigated. According to the author, such …