Intellectual Property Law Commons^™

Vol. Xxiii, Tab 60 - Ex. 7 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria

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?

Is The Acpa A Safe Haven For Trademark Infringers? - Rethinking The Unilateral Application Of The Lanham Act, 22 J. Marshall J. Computer & Info. L. 655 (2004), Jinku Hwang

UIC John Marshall Journal of Information Technology & Privacy Law

The Anticybersquatting Consumer Protection Act (ACPA) was enacted in 1999 as a response to international disputes over Internet domain names because according to the Congress’ point of view, courts could not successfully protected American businesses in cases where nothing more that the registration of a trademark or its variation in a domain name had occurred. This article analyzes recent court decisions regarding domain name disputes after the enactment of ACPA focusing on reverse domain name hijacking in international, trademark related and gTLD disputes. The author argues that the in rem jurisdiction provided by the ACPA and the consequent extraterritorial effect …

"Don't Let The Sun Go Down On Me:" An In-Depth Look At Opportunistic Business Method Patent Licensing And A Proposed Solution To Allow Small-Defendant Business Method Users To Sing A Happier Tune, 37 J. Marshall L. Rev. 1359 (2004), Andrea Lynn Evensen

UIC Law Review

No abstract provided.

Balancing Individual Privacy Rights And The Rights Of Trademark Owners In Access To The Whois, 38 J. Marshall L. Rev. 357 (2004), Jeffrey Stephen Sobek

UIC Law Review

No abstract provided.

Entrepreneurial Open Source Software Hackers: Mysql And Its Dual Licensing, Robert W. Gomulkiewicz

Articles

Hackers often quibble about commercializing software, yet most willreadily sell their programming services. Richard Stallman, the father of free software, has always recognized that hackers have a right to make money. Aside from selling programming services, however, Stallman's disciples seem to frown upon commercializing software. Other hackers, labeling themselves "open source" developers, have warmed to the possibility that free software may be profitable.

This article describes one of the most promising business models for hackers, called "dual licensing." In this model, hackers offer the same code under two different licenses: a commercial license and an open source license. Licensees who …

The Incredible Shrinking First-Sale Rule: Are Software Resale Limits Lawful?, John A. Rothchild

Law Faculty Research Publications

No abstract provided.

Following The Right Lead: Gutnick And The Dance Of Internet Jurisdiction, Mary Paterson

Canadian Journal of Law and Technology

As improving methods of travel and communication facilitated the shift from an agrarian to an industrial society, the common law courts increasingly faced interjurisdictional disputes. Although British paternalism dominated early cases in which courts assumed jurisdiction over people, property, and actions in distant lands, these cases and the imperial attitudes informing them were slowly replaced by more modest jurisdictional assertions based on a sense of comity. The shift from an industrial society to an information-based society and the simultaneous growth of a global infrastructure based on satellite, telephone, cable, and cellular technologies have stretched jurisdictional doctrines in new ways, calling …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the third issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue includes three articles covering the AOL Instant Messenger restriction before the FCC, online alternative dispute resolution, and a proposal for regulating Internet gambling.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, it is my pleasure to welcome you to the fth and nal issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue represents another “ first” for the Journal – the world’s first Annual Survey dedicated to e-Discovery law. For more information on this Issue, I invite you to read the Letter from the Annual Survey Editor and the article, A Topic Both Timelyand Timeless, prepared by Professor James Gibson.

An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric Allen Engle

Richmond Journal of Law & Technology

This paper presents an introduction to artificial intelligence for legal scholars and includes a computer program that determines the existence of jurisdiction, defences, and applicability of the Alien Tort Claims Act and Torture Victims Protection Act. The paper includes a discussion of the limits and implications of computer programming in formal representations of the law. Concluding that formalization of the law reveals implicit weaknesses in reductionist legal theories, this paper emphasizes the limitations in practice of such theories.

A Topic Both Timely And Timeless, James Gibson

Richmond Journal of Law & Technology

The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.

Foreign Investment Restrictions As Industrial Policy: The Case Of Canadian Telecommunications, Robert Crandall, Hal Singer

Canadian Journal of Law and Technology

We assess the economic harms that would accrue if Canada were to adopt asymmetric rules of foreign ownership for incumbent carriers and entrants. We explain the current Canadian regulatory climate surrounding foreign investment in Canadian telecommunications. Competition in the telecommunications industry is generally robust, which suggests that rules aimed at favouring entrants are not necessary. Moreover, Canadian entrants are equally capable of attracting foreign capital as Canadian incumbents, which suggests that foreign investment rules aimed at favouring entrants are especially unwise.

Next, we review the U.S. attempt to stimulate competition in local telecommunications markets through an analogous form of asymmetrical …

Turning Worms: Some Thoughts On Liabilities For Spreading Computer Infections, Richard Owens

Canadian Journal of Law and Technology

Two aspects of the virus/worm liability problem are of particular note. The first is how tightly the Internet binds together many possible defendants; those who build and run it, those who populate it with increasingly complex electronic commerce Web sites, those who provide terminal software, those who send electronic mails, those who design its security algorithms, those who insure it, and those who hack it, amongst others.

The second aspect is how speculative such a review is. Little case law pertains. Even the language of the law(what does it really mean when we assess liability on the basis of a …

Les Consommateurs Et Les Clubs Vidéo Ont-Ils Le Droit De Modifier Les Films À Leur Guise?, René Pépin

Canadian Journal of Law and Technology

Dans un premier temps, nous voulons étudier le litige en cours. Même si aucune décision sur le fond n’est susceptible d’être rendue à court terme, nous pouvons scruter les prétentions des parties et voir l’état du droit aux États-Unis sur ce sujet. Nous examinerons ensuite comment cette problématique serait traitée au Canada.

Et c’est ici que la question soulevée dans le litige revêt tout son intérêt, car elle met en jeu des notions fonda- mentales en matière de droit d’auteur. On devra ainsi se demander si le fait pour une personne ou une entreprise de retrancher des séquences représentant quelques …

Law As Film: Representing Justice In The Age Of Moving Images, Shulamit Almog, Ely Aharonson

Canadian Journal of Law and Technology

Two main theses are presented here. The first is that there is a conceptual resemblance between the ways in which messages are transmitted in the courtroom and the ways in which they are transmitted in the cinema. The second is that the evolution of legal procedure is being influenced by developments taking place in visual culture generally and film specifically. Taken together, these theses lead to the conclusion that the development of a theory of ‘‘law-as-film’’ can provide insights into the contemporary practice of law that might otherwise be overlooked.

Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen

Faculty Scholarship

The subject matter we are going to talk about is variously named and thewords have some resonances of importance. I am going to use the phrase "Free Software" to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.

My purpose this …

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …

Technological Protection Measures In The United States, The European Union And Germany - How Much Fair Use Do We Need In The "Digital World"?, Wencke Baesler

ExpressO

This article analyzes the different approaches of the United States and the European Union in the EU Copyright Directive towards the protection of technological protection measures against circumvention. The European and German laws have a radically different approach to fair use that heretofore has not been satisfactorily examined. It is a basic principle of copyright law in the European countries not to provide for a broad fair use exception, but to enumerate specific uses that are excluded from the copyright owner’s right to intervene. However, mostly payment of a reasonable compensation is required. This system is preserved in the recently …

Intellectual Property Laws In Harmony With Nafta: The Courts As Mediators Between The Global And The Local, Myra J. Tawfik

Canadian Journal of Law and Technology

This paper will argue that domestic courts can pro- vide a forum within which to mediate between these two extremes, to reconcile the ‘‘global’’ and the ‘‘local’’ — but that the courts themselves must adapt to meet the challenges that globalization places upon them. More specifically, the paper begins by setting out a framework for understanding harmonization of laws under NAFTA as one that encourages rather than eliminates diversity of law. The paper then studies the prevailing approaches to statutory interpretation that Canadian courts, most especially the Supreme Court of Canada and the Federal Court of Appeal, have been employing …

Computer Law By George S. Takach (Toronto: Irwin Law Inc., 2000, 2nd Edition), David T.S. Fraser

Canadian Journal of Law and Technology

No abstract provided.

Banning Bans On New Reproductive And Novel Genetic Technologies, Matthew Herder

Canadian Journal of Law and Technology

Commentators argue that statutory prohibitions with the force of the criminal law should not be used to regulate new reproductive technologies (NRTs) and novel genetic technologies (NGTs). Bill C-13, the Assisted Human Reproduction Act, however, codifies 10 criminal bans. This paper considers the merits of the various arguments levied against Bill C-13, and the corollary claim that only a "non-prohibitive" model of legislation befits NRTs and NGTs. Three types of arguments are used to critique criminal bans: (1) "Structural" arguments hinge on the constraints of the Canadian legal system - legislation complete with prohibitions runs afoul of the Constitution Act …

Anonymity And The Supreme Court's Model Of Expression: How Should Anonymity Be Analysed Under Section 2(B) Of The Charter?, Peter Carmichael Keen

Canadian Journal of Law and Technology

The first part of this article will discuss what anonymity is, and the costs and benefits that anonymity confers on expressive activity. I will demonstrate that anonymity is a double-edged sword in that it can both promote and harm free expression. In the second part, I will suggest that there is no doubt that anonymity can be protected under section 2(b) of the Charter. When I first began this article, I intended to examine ‘‘whether’’ anonymity can be constitutionally protected under section 2(b). As my research progressed, I quickly realised that I was asking the wrong question. I discovered that …

Student Protector, Internet Provider, Or Contractual Party? An Examination Of The Legal Relationship Between A University And Its Students, Anna Christine Milot

Canadian Journal of Law and Technology

The legal relationship between a university and its students is becoming increasingly complex as the use of technology spreads. Accordingly, it is important to define a university’s responsibilities and legal boundaries in order to understand the liability universities can potentially incur when dealing with students. Each Canadian university is unique in its founding and enacting legislation, as will be discussed further later. The individuality of Canada’s universities means that the questions raised in this paper cannot be given answers that can necessarily be generalized across universities. The approach to analysis in this paper, however, is applicable to any of the …

Technology And International Trade: Wille The Real Transformer Please Stand Up?, Todd Weiler

Canadian Journal of Law and Technology

The primary driver of change in Canada’s cultural sector has not been some kind of contrived, neo- liberal plot imposed upon an unsuspecting public with the promise of ‘‘jobs, jobs, jobs.’’ Rather, it has been technology. The role for liberalised trade and investment treaties comes only in the form of a conditioning force, limiting the panoply of choices available to govern- mental officials who want to respond to the changes being wrought by technological advances.

This paper begins with some brief definitions, moving next to an elaboration of its thesis, and finally explaining the application of this thesis to some …

Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler

ExpressO

This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.

The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative …

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

All Faculty Scholarship

No abstract provided.

Fast Track Trade Authority And The Free Trade Agreements: Implications For Copyright Law, Samuel Trosow

Canadian Journal of Law and Technology

In 2002, Congress passed the Bipartisan Trade Promotion Authority Act, which restored the presidential fast-track trade-promotion authority that had lapsed in 1994. Fast-track trade promotion authority is a means by which Congress delegates to the president a portion of its constitutional authority over international trade policy. This paper reviews the development, scope, and application of fast-track trade-promotion authority, evaluates some of the copyright provisions in key Free Trade Agreements, and concludes that the process has been effectively captured by the information and entertainment industries. There are numerous negative consequences that flow from the resulting policy environment. Not only is an …

Rescuing The Balance?: An Assessment Of Canada's Proposal To Limit Isp Liability For Online Copyright Infringement, Scott Nesbitt

Canadian Journal of Law and Technology

This paper attempts both to explain the technological and legal imperatives pressing Canada to address the issue of ISP liability in reforms to the Copyright Act and to raise some concerns about the impact of the government’s proposed amendments in this area. The basic elements of copyright law, the impact of digital technology on copyright and the policy arguments surrounding ISP liability are briefly discussed to set the context for judicial treatment of and legislative action on this issue. Next, the paper focuses on the development of American jurisprudence with respect to limitation of ISP liability for third party copyright …

Patent First, Litigate Later! The Scramble For Speculative And Overly Broad Genetic Patents: Implications For Access To Health Care And Biomedical Research, Ikechi Mgbeoji, Byron Allen

Canadian Journal of Law and Technology

This paper will not directly address the ethical considerations of allowing patents on human genetic sequences, although this continues to be a controversial debate in itself. Rather, the aim is to consider the legality of such gene patents and the effects such patents have on biomedical research and health care delivery in definitive terms through an analysis of current developments and research relating to the subject. The operation of current intellectual property regimes regulating such patents will be examined, and amendments to these legal systems will be considered. An emphasis will be placed on identifying practical concerns rather than broad, …