Intellectual Property Law Commons^™

Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney

UIC Review of Intellectual Property Law

Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …

Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath

UIC Review of Intellectual Property Law

More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …

Welcoming Remarks, Joseph J. Norton

SMU Science and Technology Law Review

No abstract provided.

China's Current Intellectual Property Plan, Policies & Practices, Hope Shimabuku, Mark Cohen

SMU Science and Technology Law Review

No abstract provided.

Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu

SMU Science and Technology Law Review

No abstract provided.

China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng

SMU Science and Technology Law Review

No abstract provided.

China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen

SMU Science and Technology Law Review

No abstract provided.

The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson

SMU Science and Technology Law Review

No abstract provided.

Vernor V. Autodesk: Power To The . . . Producers?, Elizabeth Hayes

IP Theory

No abstract provided.

Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair

IP Theory

No abstract provided.

The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

No abstract provided.

Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford

UIC Law Open Access Faculty Scholarship

Commentators and industry historians generally agree that the multi-billion dollar video game industry began forty years ago in November 1972 with Atari's release of Pong. Pong is among the simplest of video games: a version of ping pong or tennis requiring little more to play than a ball, two paddles, a scoring indicator, and a couple of memorable sounds. While it was not the first video game, Pong was the first video game hit. With unauthorized copying of a successful product occurring, it is not surprising that a lawsuit resulted in the fall of 1973, one that predates the more …

International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel

Canadian Journal of Law and Technology

This essay, which contains a broad ranging overview of several important issues raised by the recent number of cyber attacks in Canada and elsewhere, begins with a definition of cyberspace and cyber war. It is followed by a brief survey of some cyber attacks that have occurred in Canada and elsewhere in recent years. The first part addresses the question whether present rules of international law applicable to armed attacks using kinetic weapons apply to the wide notion of cyber attacks by a state actor against the government and critical civilian infrastructures of another state and concludes that they do. …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth and final issue of the 2011-2012 academic year. This issue includes a dedication to Professor John Carroll written by Rick Klau, the Journal’s founder.

It's Time For A Good Hard Look In The Mirror: The Corporate Law Example, John A. Barrett, Jr.

Fordham Journal of Corporate & Financial Law

This Article asserts that the move from the industrial age to the

information age represents a fundamental change to our society on

such a widespread basis that the legal order must reexamine the

premises about how our society functions, assessing whether

foundational elements of U.S. Common Law remain valid. This

Article first confronts briefly the continuing acceptance of certain

foundational premises in contract and intellectual property law,

illustrating that such premises are no longer supported by the

realities of modern society. With fundamental change challenging

multiple areas of law in the information age, this problem is worthy

of widespread inquiry …

The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, Muharem Kianieff

Canadian Journal of Law and Technology

This article considers the effectiveness of the present privacy regimes in North America as it relates to the protection of consumer information that is gathered in the ordinary course of business. It is argued that the present moves towards a Privacy by Design approach shows great potential and can gain valuable insights from established doctrines in commercial and consumer protection law. Moreover, it is proposed that the aims of such an approach can be achieved by deeming personal information and behavioral data to be the property of the individual that it pertains to. It is then suggested that a regulatory …

Regulating The Cloud: A Comparative Analysis Of The Current And Proposed Privacy Frameworks In Canada And The European Union, David Krebs

Canadian Journal of Law and Technology

Cloud computing is a growing phenomenon and promises greater efficiency and reduced-cost computing. However, some of the basic technological and business-related features of the Cloud are at odds with personal data protection laws. Canada and the European Union share similar core values related to privacy/data protection, and both regions aim to increase their competitiveness regarding cloud computing. Having these two similarities in mind, this paper explores the current legal and stakeholder landscape in Canada and the European Union with respect to cloud computing, data protection and how adoption of the model can be advanced. The analysis shows that neither of …

In Defence Of A Defence - A Demonstrable Legitimate And Non-Infringing Purpose As A Full Defence To Anti-Circumvention Legislation, Andrew Yolles

Canadian Journal of Law and Technology

In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better …

Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie

Canadian Journal of Law and Technology

The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where …

Book Review: William F. Patry, How To Fix Copyright, Graham Reynolds

Canadian Journal of Law and Technology

In How to Fix Copyright, William F. Patry, one of America’s leading experts on copyright, calls for a “top-to-bottom, systemic overhaul” of copyright laws. For a Canadian readership in the midst of our own process of copyright reform, such a call to action is both timely and relevant.

Cross-Border Extended Collective Licensing: A Solution To Online Dissemination Of Europe’S Cultural Heritage, Johan Axhamn, Lucie Guibault

Articles, Book Chapters, & Popular Press

The ever increasing use of the Internet and of digitisation technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitisation and dissemination of a substantial proportion of the collections held by European cultural institutions may be considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. This study examines whether the Nordic “extended collective licensing” (ECL) model could provide a viable solution to the problems of digitisation and dissemination of …

Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz, Tristan Bligh

Faculty Scholarship

Patent infringement litigation has not only increased dramatically in frequency over the past few decades,¹ but also has also seen striking growth in both stakes and cost.² Although a relatively rich literature has added much to our understanding of the nature, causes, and consequences of patent litigation during the past two decades,³ many interesting questions remain inadequately addressed. The nuances of and trends in patent litigation in different technology fields and industries, for example, are still understudied.⁴ Litigation of patents on new technologies has likewise received a dearth of attention. Here we seek to help begin …

End User Liability For Sofware Developed With Trade Secrets, Jeff Patterson

Washington Journal of Law, Technology & Arts

The National Conference of Commissioners on Uniform State Laws (NCCUSL) developed the Uniform Trade Secrets Act (UTSA) to unify the laws regulating the improper use of secret, economically advantageous information. However, consumers often procure software and other products without knowledge of any trade secrets used in the production of the products. Some companies have sought remedies against end users of products developed using trade secrets. But in Silvaco Data Systems v. Intel Corp., a California appeals court considering this issue in the software context held that execution of compiled object code, which is not easily interpreted by humans, is …

Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt

Legislation and Policy Brief

Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus.  Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class.  Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different.  Jane notices that many people are staring, pointing, and snickering at her.  Is there something on her face?  She quickly pulls out her compact and realizes that all makeup is …

Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky

Canadian Journal of Law and Technology

This paper examines the jurisprudence on institutional liability for medical er- ror. We argue that the existing jurisprudence relies on assumptions that have been made obsolete by technological advances. In particular, we concentrate on the use of information and communication technologies (ICTs) in the health care domain. As we demonstrate, the use of these tools does not merely increase efficiency and support new health care functions; among other effects, ICT can have a profound influence on how health care practitioners make observations, exercise judgment and perform tasks. These tools influence human capabilities (at both the individual and systems level) in …

Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron

Canadian Journal of Law and Technology

New technologies are generating potentially discoverable evidence in electronic form in ever increasing volumes. As a result, traditional techniques of document search and retrieval in pursuit of electronic discovery in litigation are becoming less viable. One potential new technological solution to the e-discovery search and retrieval challenge is Visual Analysis (VA). VA is a technology that combines the computational power of the computer with graphical representations of large datasets to enable interactive analytic capabilities. This article provides an overview of VA technology and how it is being applied in the analysis of e-mail and other electronic documents in the field …

The Internet And Protection Of Children Online: Time For Change, Jill Scott

Canadian Journal of Law and Technology

This article explores the risks for children online and their privacy, with particular focus on the implications of widespread collection, use and retention of data about them. It touches on international standards and national laws that impact Internet activities and the special risk to children’s privacy in today’s ubiquitous computing environment. This is a complex topic that transcends national boundaries and involves both legal and policy issues confronting governments across the world.

Section I provides a brief outline of the online risks for children arising from the scope of data collection and the regulatory challenges of the Internet as it …

Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow

Canadian Journal of Law and Technology

The Supreme Court of Canada has consistently wrestled with the conflict between legislation designed to protect consumers’ health and the constitutional guarantee of the fundamental freedom of expression. This paper investigates the justification for the current regulatory framework for pharmaceutical advertising on television. Aware that the provisions in the FDA are able to withstand Charter of Rights and Freedoms (Charter) scrutiny, several possible policy initiations are nevertheless proposed.

The paper is divided into five separate sections. Having first introduced DTCA of pharmaceuticals on television in Section I, I will now turn to a more comprehensive examination of DTCA in Canada …

L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry

Canadian Journal of Law and Technology

Nous nous intéresserons particulièrement à la mutation du paradigme de la régulation de l’audiovisuel classique13 dû à plusieurs facteurs: pour être diffuseur sur les ondes hertzienne il fallait être titulaire d’une licence accordé par l’Etat, sur Internet tout le monde peut l’être à sa guise. Les moyens techniques et financiers ne sont plus une barrière à l’ entrée, le nombre de joueurs qui e ́ tait jusque-là restreint devient, en théorie, incalculable. Le mécanisme de responsabilité mis en place est remis en cause, par la dilution des frontières, l’anonymat, ou l’insolvabilité des diffuseurs. Les modèles d’affaires doivent être revus, le …

Location-Based Services And Privacy, Teresa Scassa, Anca Sattler

Canadian Journal of Law and Technology

In this paper we begin by describing location-based services, their evolution and their future directions. We then outline privacy issues raised by such services. In Part III we consider how current Canadian data protection laws apply to location-based services, and indicate where such laws fall short of addressing the full range of issues raised by location-based services. Part IV of the paper explores some technological methods to address the privacy challenges raised by location-based services. The paper concludes with a series of recommendations.