Intellectual Property Law Commons^™

Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee

UIC Law Review

No abstract provided.

Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

In Memory Of Herbert Tenzer, Norman Lamm

Cardozo Arts & Entertainment Law Journal

No abstract provided.

In Memory Of Herbert Tenzer, Frank J. Macchiarola

Cardozo Arts & Entertainment Law Journal

No abstract provided.

In Memory Of Herbert Tenzer, Lyonel E. Zunz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Must Carry And The Courts: Bleak House, The Sequel, Nicholas W. Allard

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Four Reasons And A Paradox: The Manifest Superiority Of Copyright Over Sui Generis Protection Of Computer Software, Jane C. Ginsburg

Faculty Scholarship

The "Manifesto Concerning the Legal Protection of Computer Programs" offers an extensive and challenging critique of current intellectual property protection of software. The authors argue strongly that the law should focus on the value of the know-how embodied in programs and the importance of protecting it, rather than on the particular means which might be used to appropriate it. The authors seek to compel reconceptualization of the place of computer programs, and of software authors' creativity, within the domain of intellectual property. However, their brief for change manifests several flaws. Paradoxically, it comes at once both too soon and too …

Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura

Washington International Law Journal

Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.

Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The New Medium Of Expression: Introducing Virtual Reality And Anticipating Copyright Issues, 12 Computer L.J. 175 (1993), Greg S. Weber

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Best Mode Requirement In United States Patent Practice In 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993), Kenneth R. Adamo

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the best mode requirement set forth in section 112 of the United States Patent Act. This requirement is unique to United States patent law and must be satisfied by every utility patent application filed with the United States Patent and Trademark Office. This article then discusses how decisions of the United States Court of Appeals for the Federal Circuit have helped clarify and refine the best mode requirement and its application to patents in the field of computer technology (i.e., In re Hayes Microcomputer Products). Then it discusses how these holdings have made this already difficult area …

Recent Developments In Computer Law: An Update, 12 J. Marshall J. Computer & Info. L. 395 (1993), Bradley J. Hulbert

UIC John Marshall Journal of Information Technology & Privacy Law

This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case …

An Analysis That Is Not "Ad Hoc": The Bifurcated Uniform Analysis That The Federal Courts Should Follow To Determine Computer Program Copyright Nonliteral Infringement, 12 J. Marshall J. Computer & Info. L. 485 (1993), Michael J. Bendel

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the issues surrounding software copyright protection and the problem of inconsistent court analysis across the country. After reviewing the problems particular to software copyright, the author recommends a new course of court analysis that would bring consistent analysis and decisions to this growing area of law. Courts have begun to examine the scope of protection the Copyright Act grants to computer software beyond the literal text of the software's programming language. Two classifications for computer programs have developed: literal, which focuses on the actual text of the program, and non-literal, which is concerned with organization, structure and …

The Case Against Copyright Protection For Programmable Logic Devices, Stephen C. Bishop

Washington Law Review

Several commentators have argued that copyright protection should extend to protect logic equations incorporated in a type of semiconductor chip called a programmable logic device (PLD). They reach this result by analogizing to the storage of computer software in memory chips, an embodiment that is currently protected under the copyright laws. This Comment analyzes logic equations incorporated in a PLD with respect to the copyright statute, utilitarian device doctrine, and the legislative history of the Semiconductor Chip Protection Act. It concludes that copyright protection should not extend to protect the logic equations incorporated in a PLD.

Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Copyright Protection: Has Look & Feel Crashed?, John M. Walker Jr., Jessica D. Litman, Susan G. Braden, Anthony L. Clapes, Henry B. Gutman, Rochelle Cooper Dreyfuss, Frank J. Macchiarola, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive

Michigan Law Review

This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.

The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison

Vanderbilt Journal of Transnational Law

The evolution of computer technology has launched questions regarding the proper scope of protection for computer software. The European Community (EC) recently adopted a Council Directive on the Legal Protection of Computer Programs (the Directive), which protects computer software under the copyright paradigm. The path to final adoption of the Directive, however, was marked by debates between diametrically opposed lobbying groups regarding the propriety of a reverse engineering exception to the exclusive right of reproduction. This Note discusses the lobbying efforts that led to a compromise and analyzes the Directive through a comparison to United States law. Next, the Note …

The Interdependent Nature Of Computer Software: Another Reason Why User-Interfaces Should Not Be Protected By Copyright Law, 25 J. Marshall L. Rev. 737 (1992), David B. Fonda

UIC Law Review

No abstract provided.

It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman

Seattle University Law Review

This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.

The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg

Faculty Scholarship

Long awaited – if not feared – in the computer industry, where its elaboration had evoked heated debate, the European Council Directive of May 14, 1991 on the Legal Protection of Computer Programs (the "Directive" or "Software Directive")has imposed common principles of copyright protection on the twelve Member States of the European Community (the "EC", the "Community"). As it declares in its preamble, the Directive responds to the need to ensure the proper functioning of a single marketand, to that end, to eliminate man), of the current differences among the Member States' legal systems.

In the domain of European copyright …

The Protection Of High Technology Intellectual Property, 11 Computer L.J. 29 (1991), Jack E. Brown

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Can A Computer Language Be Copyrighted? The State Of Confusion In Computer Copyright Law, 11 Computer L.J. 97 (1991), Steve Posner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

An Economic Analysis Of Computer Software Copyright: A Welfare Model Of Intellectual Property Rights, 11 Computer L.J. 173 (1991), Barron Yanaga

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Copyright Protection Of Computer Software In Japan, 11 Computer L.J. 287 (1991), Judith J. Welch, Wayne L. Anderson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Introduction, Ronald J. Palenski

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Idea, Process, Or Protected Expression?: Determining The Scope Of Copyright Protection Of The Structure Of Computer Programs, Steven R. Englund

Michigan Law Review

Courts considering the alleged copying of the structure, rather than literal copying of the text, of a computer program have usually concerned themselves with whether protected expression or an unprotected idea was copied. Courts have seldom suggested that it might be an unprotected process that was copied. However, this Note concludes that the legislative history of the 1976 Act indicates that that legislation's drafters envisioned a far more prominent role for the process-expression dichotomy than it has played to date. The process inquiry is at least as important as the idea inquiry in striking the proper balance between promoting progress …

Canada, Copyright, Computers: Impact And Analysis In An International Perspective Or From Gutenberg To Uruguay: Protecting The Soul Of A New Machine, 10 Computer L.J. 265 (1990), Peter Heeseok Kang

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.