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Articles 1771 - 1800 of 1904

Full-Text Articles in Intellectual Property Law

The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala Jan 1998

The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala

UIC John Marshall Journal of Information Technology & Privacy Law

The author approaches the problem of software patents from the perspective of copyright, where the debate over the appropriate scope of protection for computer programs continues to rage. This debate has largely followed the copyright tradition of considering copyright as a stand-alone statute, capable of resolving all of its problems with very little reference to other legal regimes and, in particular, with very little reference to patent law. It appears to the author that patent law has also gone about its business relating to software, from Benson to Beauregard, as if patent law were essentially the only relevant player. The …

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A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos Jan 1998

A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos

UIC John Marshall Journal of Information Technology & Privacy Law

If you thought "Beauregard" claims were a slippery slope to an uncertain end, you were right! The new frontier after In re Beauregard is the "propagated signal" claim -- a claim directed to a manufactured transient phenomenon, such as an electrical, optical, or acoustical signal, that could further revolutionize the way communications and software companies protect their intellectual property. It can make procuring patents less expensive and result in more extensive coverage, while challenging the limits of conventional wisdom. This new claim type will be viewed by some as a threat, and by others, as yet another step in the …

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Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta Jan 1998

Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta

UIC John Marshall Journal of Information Technology & Privacy Law

The last five years have witnessed a dramatic shift in the approach taken by the Court of Appeals for the Federal Circuit ("CAFC") and, under the CAFC's stern if somewhat incomplete guidance, the United States Patent and Trademark Office ("PTO") to the seemingly intractable problem of determining whether software inventions qualify as patentable subject matter under the United States patent laws. Beginning with a series of CAFC decisions in 1994 and culminating with the PTO's issuance of its Final Examination Guidelines for Computer-Related Inventions (the "Guidelines") in 1996, the paradigm shifted from a "mathematical algorithm" based analytic structure to an …

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Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas Jan 1998

Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas

UIC John Marshall Journal of Information Technology & Privacy Law

Courts have long recognized and policed attempts to contract around the patent code. Settled law establishes that the proprietor of a patent which enjoys market power cannot extend that patent beyond its statutory term or restrain competition in an unpatented product via contract. Yet today a far more subtle and fundamental mechanism for drafting around the statute has materialized: the humble patent instrument itself. Patent drafters have only partially realized the remarkable set of tools they now possess for expanding the scope of patent-eligible subject matter, augmenting the market power of issued patents, and avoiding core precepts of the patent …

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Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy Jan 1998

Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy

UIC John Marshall Journal of Information Technology & Privacy Law

The statutory subject matter provision of the United States patent code is one of that law's murkiest provisions. It has been the subject of repeated cases before the United States Supreme Court. Despite this, confusion and disagreement among the lower courts remains substantial. Much of the literature agrees that the law is in disarray. This paper isolates and treats one such problem: that of dealing with so-called "hybrid" inventions. Hybrid inventions are those that consist of both statutory and non-statutory elements grouped together. As such, their basic nature presents a classification problem. Hybrid inventions are mongrels, neither purely statutory nor …

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Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver Jan 1998

Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver

Seattle University Law Review

The focus of this Comment is not merely to analyze the role of the judiciary in Meta-Tag litigation specifically, but also to use Meta- Tags as a lens with which to examine the potential effect of judicial activism on Internet commerce in general. The first portion of this analysis focuses on the applicability of federal trademark infringement and dilution laws in Meta-Tag abuse suits. The next portion of the article evaluates why market regulation of Meta-Tag abuse is the correct course of action, in the short-term, for ensuring the growth of electronic commerce. The article concludes with a description of …

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Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl Jan 1998

Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl

Michigan Journal of International Law

This article contends that in the digital era, the current system of national, territorially limited copyright laws requires a flexible copyright choice of law regime. To promote certainty and predictability in the choosing of the copyright law applicable to acts of exploitation, choice of law rules should use the location of a user as the principal factor to determine the applicable copyright law. In appropriate circumstances, the choice of law rules should allow the application of a multitude of national copyright laws to single acts of use on digital networks. This article also argues that a broad application of flexible …

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The Empire Strikes Back, A. Michael Froomkin Jan 1998

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.

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Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika Jan 1998

Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika

Richmond Journal of Law & Technology

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …

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Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen Jan 1998

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Part I of this Article describes the economic models now proffered as the basis for defining rights in digital works, and explores their striking resemblance to the system of social ordering described and advanced in the Supreme Court's Lochner-era decisions. The ghost of Lochner is not invoked lightly, nor with intent to belittle. Lochner represented a particular ideal of social ordering, premised on a seamless convergence of the private-law institutions of property and contract to provide a zone of legal insulation for market outcomes. In the physical world, that vision has long been compromised by evidence of market failures …

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The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser Jan 1998

The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg Jan 1998

Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg

Faculty Scholarship

U.C.C. Articles 2B of the Uniform Commercial Code was designed primarily to regulate online and mass market transactions, particularly the licensing of computer software. Its effects, however, will extend to authors of works other than computer software. This Article considers the effects Article 2B would have on dealings between those authors and the exploiters of the authors' works. By reducing procedural barriers to the formation of licenses, Article 2B would make it all too easy for an author to assent to contract terms that may heavily favor an exploiter of the author's work. On the other hand, default contract terms …

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Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross Jan 1998

Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson May 1997

1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson

Oregon Law Institute, 1997

Course Materials from the May 2, 1997 Program in Portland

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Linking Copyright To Homepages, Matt Jackson Apr 1997

Linking Copyright To Homepages, Matt Jackson

Federal Communications Law Journal

The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with a …

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Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy Apr 1997

Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy

Faculty Publications

No abstract provided.

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The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean Mar 1997

The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean

Brigham Young University Journal of Public Law

No abstract provided.

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Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone Feb 1997

Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone

Federal Communications Law Journal

Courts should not rely upon a standard of vicarious liability to hold service providers responsible for copyright infringement. Rather, courts should rely on a contributory liability standard which will not undermine the growth of the Internet.

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Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg Jan 1997

Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg

UIC John Marshall Journal of Information Technology & Privacy Law

The rapid development of computer technology has led software companies to seek financial support from various commercial lenders. Lenders are typically unaccustomed and unwilling to lend money on the security of intellectual property. The fear of lenders is well founded because lenders face a considerable risk in lending money on contemporary and intangible collateral. As a result of the unavailability of funds, technology based companies would be hindered in their efforts to promote new programs. The unclarity of laws with respect to obtaining a security interest has created obstacles for parties on both sides of the transaction -- the lender …

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Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher Jan 1997

Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher

UIC John Marshall Journal of Information Technology & Privacy Law

The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …

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Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen Jan 1997

Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen

UIC John Marshall Journal of Information Technology & Privacy Law

The purpose of this article is to share information about "outstanding legal issues" that Taiwan has experienced in its use of the Internet. It does through five topics. First, the issue of contracts is addressed using the present laws in Taiwan. Contracts are based on an "offer" by one party and "acceptance" of a second party. Digital products displayed on the Internet are said to constitute an offer when it bears a price, but a legal question arises out of how to constitute acceptance. Taiwan law looks to the law of the country where the offer was made to govern …

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Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb Jan 1997

Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb

UIC John Marshall Journal of Information Technology & Privacy Law

The Second Circuit Court of Appeals recently handed down a decision which can be seen as a victory for supporters of free dissemination on the Internet. At issue was whether dissemination of real-time sports data infringed the NBA's copyright of broadcast material, and if not whether the use of NBA game statistics was a misappropriation of the NBA's property. In 1994, Motorola teamed up with STATS (Sports Team Analysis and Tracking Systems of Missouri, Inc.) to provide real-time updates of professional sports scores and information to subscribers of pagers as well as on-line services. STATS also provides sports information to …

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Right On The Mark: Defining The Nexus Between Trademarks And Internet Domain Names, 15 J. Marshall J. Computer & Info. L. 277 (1997), G. Peter Albert Jr. Jan 1997

Right On The Mark: Defining The Nexus Between Trademarks And Internet Domain Names, 15 J. Marshall J. Computer & Info. L. 277 (1997), G. Peter Albert Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet is a rapidly expanding global network. The Internet provides a virtual marketplace in which many small companies are given the opportunity to have increased leverage to compete with their larger corporate counterparts. Businesses are establishing their presence on the Internet through the creation of a domain name. The domain name is an alphanumeric address that identifies a specific location on the Internet. Each domain name reflects a distinct address that distinguishes it from any other. Similarly, qualification of a word or symbol as a trademark must include the following three elements: (1) "function" to identify and distinguish the …

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A Request To The High Court: Don't Let The Patent Laws Be Distracted By A Flashy Trade Dress, 15 J. Marshall J. Computer & Info. L. 323 (1997), Manotti L. Jenkins Jan 1997

A Request To The High Court: Don't Let The Patent Laws Be Distracted By A Flashy Trade Dress, 15 J. Marshall J. Computer & Info. L. 323 (1997), Manotti L. Jenkins

UIC John Marshall Journal of Information Technology & Privacy Law

The United States Court of Appeals for the Tenth Circuit, in Vornado Air Circulation Systems Inc. v. Duracraft Corp., held in the negative the issue of "whether a product configuration is entitled to trade dress protection when it is or has been a significant inventive component of an invention covered by a utility patent." The court viewed the case involved as an issue of the "intersection of the Patent Act and the Lanham Trade-Mark Act," and reasoned that "patent policy dictates" that the Patent Act should prevail in these situations. The United States Supreme Court denied certiorari upon appeal by …

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A Primer On Trademark Law And Internet Addresses, 15 J. Marshall J. Computer & Info. L. 465 (1997), David J. Loundy Jan 1997

A Primer On Trademark Law And Internet Addresses, 15 J. Marshall J. Computer & Info. L. 465 (1997), David J. Loundy

UIC John Marshall Journal of Information Technology & Privacy Law

The conflicts arising over Internet addresses generally fall within four categories: trademarks as second-level domains; second-level domains that are similar to trademarks; trademarks as third-level domain/machine names; and trademarks as userIDs. When confronted with the four categories, a court will generally analyze the problem by looking at the likelihood of confusion, applying the dilution statutes, and determining if the trademark has been blurred or tarnished. The likelihood of confusion analysis looks at: the degree of similarity between the marks in appearance and suggestion; the similarity of the product or services; the area and manner of concurrent use; the degree of …

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Orderly Expansion Of The International Top-Level Domains: Concurrent Trademark Users Need A Way Out Of The Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997), David B. Nash Jan 1997

Orderly Expansion Of The International Top-Level Domains: Concurrent Trademark Users Need A Way Out Of The Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997), David B. Nash

UIC John Marshall Journal of Information Technology & Privacy Law

Organizations that want to conduct business on the Internet have to register with Network Solutions, Inc. (NSI). The Internet was created as a network designed by the Defense Department to test a fail safe network. The National Science Foundation connects to the Internet five supercomputing centers, which connects most public colleges to the Internet. The World Wide Web was the first service that was opened to individuals and for commercial use. Commercial success on the Internet depends on the ease with which consumers can find the organization on-line. If the company has established good will in the public, the company …

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The Copyright Battle: Emerging International Rules And Roadblocks On The Global Information Infrastructure, 15 J. Marshall J. Computer & Info. L. 759 (1997), Stephen Fraser Jan 1997

The Copyright Battle: Emerging International Rules And Roadblocks On The Global Information Infrastructure, 15 J. Marshall J. Computer & Info. L. 759 (1997), Stephen Fraser

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses intellectual property rights on the Global Information Infrastructure (GII) as affected by the evolution of the Internet. It outlines the battle between the advocates of total copyright protection and the advocates of minimal copyright protection. The article examines all of the proposed national and international laws affecting copyright protection on the GII, beginning with the minimal protections outlined in the Berne Convention and the problems involved in its enforcement and continuing with its successors, the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The article reviews the history of international copyright protection and the different …

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The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard Jan 1997

The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard

UIC John Marshall Journal of Information Technology & Privacy Law

There is a lack of efficient protection for intellectual property within the computer software medium. Intellectual property of computer software has traditionally been protected by copyrights and relatively recently has been afforded protection of its intellectual property via patents. The distinction between a computer's hardware and a computer's software is decreasing; likewise, the distinction for such protection, namely patents and copyrights, respectively, should be decreased or eliminated, as well. After a brief comparative analysis of patent and copyright protection for computer software, an alternative to the current system of protection for software intellectual property exists. The nature of the software …

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Some Reflections On Copyright Management Systems And Laws Designed To Protect Them, Julie E. Cohen Jan 1997

Some Reflections On Copyright Management Systems And Laws Designed To Protect Them, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Copyright management systems (CMS)—technologies that enable copyright owners to regulate reliably and charge automatically for access to digital works—are the wave of the very near future. The advent of digital networks, which make copying and distribution of digital content quick, easy, and undetectable, has provided the impetus for CMS research and development. CMS are premised on the concept of "trusted systems" or "secure digital envelopes" that protect copyrighted content and allow access and subsequent copying only to the extent authorized by the copyright owner. Software developers are testing prototype systems designed to detect, prevent, count, and levy precise charges for …

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Licensing Issues On The Internet, Steven Masur, Neil J. Friedman, Judith M. Saffer Jan 1997

Licensing Issues On The Internet, Steven Masur, Neil J. Friedman, Judith M. Saffer

Touro Law Review

No abstract provided.

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