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Articles 331 - 360 of 431
Full-Text Articles in Intellectual Property Law
Technological Fair Use, Edward Lee
Technological Fair Use, Edward Lee
All Faculty Scholarship
The Article proposes a framework tailoring fair use specifically for technology cases. At the inception of the twenty-first century, information technologies have become increasingly central to the U.S. economy. Not surprisingly, complex copyright cases involving speech technologies, such as DVRs, mp3 devices, Google Book Search, and YouTube, have increased as well. Yet existing copyright law, developed long before digital technologies, is ill-prepared to handle the complexities these technology cases pose. The key question often turns, not on prima facie infringement, but on the defense of fair use, which courts have too often relegated to extremely fact-specific decisions. The downside to …
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Chicago-Kent Law Review
This essay argues that data security is important to the protection of trade secret information, and that trusted employees on the inside pose the biggest threat to the protection of trade secrets. While investments in technical measures such as firewalls and encryption are important, it is also necessary for companies to consider the internal threats from employees when creating corporate security programs. Ultimately, a more comprehensive approach that includes technical and human elements, as well as consideration of inside and outside threats is likely to be more effective in the battle to secure data.
Patenting Cryptographic Technology, Greg Vetter
Patenting Cryptographic Technology, Greg Vetter
Chicago-Kent Law Review
The policy concerns intersecting patent law and cryptographic technology relate to the technology's beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent …
The Political Economy Of Data Protection, Peter K. Yu
The Political Economy Of Data Protection, Peter K. Yu
Chicago-Kent Law Review
Information is the lifeblood of a knowledge-based economy. The control of data and the ability to translate them into meaningful information is indispensable to businesspeople, policymakers, scientists, engineers, researchers, students, and consumers. Having useful, and at times exclusive, information improves productivity, advances education and training, and helps create a more informed citizenry. In the past two decades, those who collected or obtained access to a large amount of data began to explore ways to use the collected data as an income stream. Because the then-existing laws did not offer adequate protection for that particular purpose, they actively lobbied for stronger …
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Chicago-Kent Law Review
Recently the United States Court of Appeals for the Federal Circuit dramatically change the rules for proving willful patent infringement—and justifying enhanced damages—in In re Seagate Technology. A patentee alleging willful infringement must now first prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." He must then show that the objectively defined risk was "either known or so obvious that it should have been known to the accused infringer." The court expressly delegated substantive development of the new test to future cases. Because district …
Coding Privacy, Lilian Edwards
Coding Privacy, Lilian Edwards
Chicago-Kent Law Review
Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …
Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder
Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder
Chicago-Kent Law Review
Peer-to-peer networks are often used to infringe copyrights, but they also serve some legitimate purposes consistent with copyright law. In attempting to find a satisfactor solution, this note develops and analyzes two models that future peer-to-peer networks could employ to attempt to avoid liability for copyright infringement. The note then analyzes the law, applies the two models to the relevant legal tests, and analyzes whether a peer-to-peer network operating on each model could avoid liability for copyright infringement. It concludes that modifying their technological structure may help peer-to-peer networks avoid liability, but that some risks remain.
Courting Specialization: An Empirical Study Of Claim Construction Comparing Patent Litigation Before Federal District Courts And The International Trade Commission, David L. Schwartz
Courting Specialization: An Empirical Study Of Claim Construction Comparing Patent Litigation Before Federal District Courts And The International Trade Commission, David L. Schwartz
All Faculty Scholarship
The United States International Trade Commission (ITC) has recently become an important adjudicator of patent infringement disputes, and the administrative law judges (ALJs) on the ITC are widely viewed as experts on patent law. This Article empirically examines the performance of the ITC in patent claim construction cases. The Article also compares the performance of the ITC on claim construction with that of federal district courts of general jurisdiction. This study does not find any evidence that the patent-experienced ALJs of the ITC are more accurate at claim construction than district court judges or that the ALJs learn from the …
Panel Discussion: Specialized Courts: Lessons From The Federal Circuit, The Federalist Society For Law And Public Policy 2008 National Lawyers Convention
Panel Discussion: Specialized Courts: Lessons From The Federal Circuit, The Federalist Society For Law And Public Policy 2008 National Lawyers Convention
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Circumventing Rights Controls: The Token Crack In The Fair Use Window Left Open By Congress In Section 1201 May Be Open Wider Than Expected --Technically Speaking, Neil J. Conley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Patent Entirely And Exclusively Focused On An Art-Additive Hits The Validity Bull's Eye, Hal Milton
A Patent Entirely And Exclusively Focused On An Art-Additive Hits The Validity Bull's Eye, Hal Milton
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Economic Espionage Act And The Threat Of Chinese Espionage In The United States, Jonathan Eric Lewis
The Economic Espionage Act And The Threat Of Chinese Espionage In The United States, Jonathan Eric Lewis
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Trademark Arbitration: A First Rate Change For A Second Life Future, Boris Shapiro
Trademark Arbitration: A First Rate Change For A Second Life Future, Boris Shapiro
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Quantum Of Originality In Copyright, Katherine L. Mcdaniel, James Juo
A Quantum Of Originality In Copyright, Katherine L. Mcdaniel, James Juo
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Happiness And Punishment (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
Happiness And Punishment (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
All Faculty Scholarship
This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …
Decoding The Dmca Safe Harbors, Edward Lee
Decoding The Dmca Safe Harbors, Edward Lee
All Faculty Scholarship
The DMCA is a decade old, which, in Internet time, may well be closer to a century. Although the DMCA safe harbors have helped to foster tremendous growth in web applications in our Web 2.0 world, several very basic aspects of the DMCA safe harbors remain uncertain. These uncertainties, along with the relative lack of litigation over the DMCA in the past ten years, have threatened to undermine the whole purpose of the DMCA safe harbors by failing to inform the public and technology companies of what steps they need to undertake to fall within the safe harbors. In several …
Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee
All Faculty Scholarship
This Essay examines the possible effect the Supreme Court's landmark Second Amendment ruling in Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as preexisting, natural rights to the Framing generation and …
Patentable Subject Matter Requirements: An Evaluation Of Proposed Exclusions To India's Patent Law In Light Of India's Obligations Under The Trips Agreement And Options For India, Rajnish Kumar Rai
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Mixtape Dj's Drama: An Argument For Preemption Of Georgia's Unauthorized Reproduction Law, Jennifer Geller
A Mixtape Dj's Drama: An Argument For Preemption Of Georgia's Unauthorized Reproduction Law, Jennifer Geller
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Reexamining The Functions Of Trademark Law, Mohammad Amin Naser
Reexamining The Functions Of Trademark Law, Mohammad Amin Naser
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Snapshot Of An Industry: The Biotechnology Sector And The Judicial Misgivings Of A General Court, Mike Rothwell
A Snapshot Of An Industry: The Biotechnology Sector And The Judicial Misgivings Of A General Court, Mike Rothwell
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Perfect 10 V. Visa, Mastercard, Et Al.: A Full Frontal Assault On Copyright Enforcement In Digital Media Or A Slippery Slope Diverted?, Bryan V. Swatt, Pamela C. Laucella Ph.D., Ryan M. Rodenberg J.D.
Perfect 10 V. Visa, Mastercard, Et Al.: A Full Frontal Assault On Copyright Enforcement In Digital Media Or A Slippery Slope Diverted?, Bryan V. Swatt, Pamela C. Laucella Ph.D., Ryan M. Rodenberg J.D.
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Weak Overseas Protection For American Software Patents: The Need For A Congressional Response To Microsoft Corp. V. At & T Corp., Erika Danielle Norman
Weak Overseas Protection For American Software Patents: The Need For A Congressional Response To Microsoft Corp. V. At & T Corp., Erika Danielle Norman
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Riding The Tiger: A Comparison Of Intellectual Property Rights In The United States And The People's Republic Of China, Jennifer A. Crane
Riding The Tiger: A Comparison Of Intellectual Property Rights In The United States And The People's Republic Of China, Jennifer A. Crane
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Lending A Hand: The Need For Public Participation In Patent Examination And Beyond, Matthew John Duane
Lending A Hand: The Need For Public Participation In Patent Examination And Beyond, Matthew John Duane
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Reviving Fair Use: Why Sony's Expansion Of Fair Use Sparked The File-Sharing Craze, Christopher Alan Howe
Reviving Fair Use: Why Sony's Expansion Of Fair Use Sparked The File-Sharing Craze, Christopher Alan Howe
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Hedonic Adaptation And The Settlement Of Civil Lawsuits (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
Hedonic Adaptation And The Settlement Of Civil Lawsuits (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
All Faculty Scholarship
This paper examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on a previously overlooked aspect of the civil litigation process: the probability of pre-trial settlement. The glacial pace of civil litigation is commonly thought of as a regrettable source of costs to the relevant parties. Even relatively straightforward personal injury lawsuits can last for as long as two years, delaying the arrival of necessary redress to the tort victim and forcing the litigants to expend ever greater …
Warming Up To User-Generated Content, Edward Lee
Warming Up To User-Generated Content, Edward Lee
All Faculty Scholarship
The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme Court. Instead, it has come from the unorganized, informal practices of various, unrelated users of copyrighted works, many of whom probably know next to nothing about copyright law. In order to comprehend this paradox, one must look at what is popularly known as "Web 2.0," and the growth of user-generated content in blogs, wikis, podcasts, "mashup" videos, and social networking sites like Facebook and MySpace. Although users often create new works of their own, sometimes …
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
All Faculty Scholarship
Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers’ freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and …
Bulova Wrongly Decided: A Case Against Extraterritorialty Of Trademark Law, Dariush Keyhani
Bulova Wrongly Decided: A Case Against Extraterritorialty Of Trademark Law, Dariush Keyhani
Chicago-Kent Journal of Intellectual Property
No abstract provided.