Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (721)
- Computer Law (196)
- Internet Law (196)
- Privacy Law (148)
- Entertainment, Arts, and Sports Law (90)
-
- Comparative and Foreign Law (67)
- Marketing Law (50)
- International Trade Law (43)
- Antitrust and Trade Regulation (40)
- International Law (40)
- Courts (31)
- Cultural Heritage Law (31)
- Legislation (30)
- Transnational Law (29)
- Litigation (26)
- Food and Drug Law (25)
- Jurisprudence (22)
- Consumer Protection Law (18)
- First Amendment (17)
- Legal History (17)
- Judges (16)
- Supreme Court of the United States (16)
- Business Organizations Law (14)
- Indigenous, Indian, and Aboriginal Law (13)
- Labor and Employment Law (13)
- Health Law and Policy (12)
- Law and Society (12)
- Contracts (11)
- Publication Year
- Publication
- Publication Type
Articles 721 - 750 of 829
Full-Text Articles in Intellectual Property Law
In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi
In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi
UIC John Marshall Journal of Information Technology & Privacy Law
Unlike many foreign countries, the United States does not have an explicit rule that defines software as unpatentable subject matter. Despite the United States’ leadership position in patent protection, U.S. case law defining patentatble subject matter has evolved slowly and painfully. The legal controversy restricting software patentability stems from the principle that abstract ideas are not patentable. The Patent and Trademark Office remains uncomfortable in granting patents for inventions ideally embodied as software. Inventors’ attorneys continue to test these boundaries and the PTO continues to reject patent applications for software inventions based on the grounds that they constitute non-statutory subject …
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
UIC John Marshall Journal of Information Technology & Privacy Law
The Copyright Act has historically been amended to address technological changes. The Act has been shaped to apply to new situations not previously considered by the original authors. Rather than pass a new Copyright Act to address computer programs and technology, the current Act should be repaired. The changes made to the Copyright Act as a result of the CONTU report provide some necessary updating to the Act, but the increasing use of computer technology is demanding additional refinements to the Copyright Act. In order to amend the Copyright Act with the least amount of disruption, the definition of a …
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
UIC John Marshall Journal of Information Technology & Privacy Law
Courts focus on the Substantial Similarity test to determine copyright infringement. They also use testimony from experts and lay people. As a result, there is a tension between preserving artist’s rights and preserving a competitive market. This tension is especially problematic in the context of copyright protection of computer software. Nonetheless, copyright law does protect computer software. Resulting amendments in the Copyright Act defined "computer program" and ensured that copyright protection was extended to all computer programs. The Substantial Similarity test applied to computer programs creates several concerns. Lack of access to expert testimony in the crucial second phase of …
Common Sense, Simplicity And Experimental Use Negation Of The Public Use And On Sale Bars To Patentability, 29 J. Marshall L. Rev. 1 (1995), William C. Rooklidge, Stephen C. Jensen
Common Sense, Simplicity And Experimental Use Negation Of The Public Use And On Sale Bars To Patentability, 29 J. Marshall L. Rev. 1 (1995), William C. Rooklidge, Stephen C. Jensen
UIC Law Review
No abstract provided.
Growing Pains For The Board Of Patent Appeals And Interferences: A Plan For Restoring Judicial Independence, 29 J. Marshall L. Rev. 171 (1995), Scott E. Baxendale
Growing Pains For The Board Of Patent Appeals And Interferences: A Plan For Restoring Judicial Independence, 29 J. Marshall L. Rev. 171 (1995), Scott E. Baxendale
UIC Law Review
No abstract provided.
Patents And The Jeffersonian Mythology, 29 J. Marshall L. Rev. 269 (1995), Edward C. Walterscheid
Patents And The Jeffersonian Mythology, 29 J. Marshall L. Rev. 269 (1995), Edward C. Walterscheid
UIC Law Review
No abstract provided.
China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert
China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert
UIC Law Review
No abstract provided.
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
UIC Law Review
No abstract provided.
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
UIC John Marshall Journal of Information Technology & Privacy Law
Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
UIC John Marshall Journal of Information Technology & Privacy Law
The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
UIC John Marshall Journal of Information Technology & Privacy Law
In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …
In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell
In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell
UIC Law Review
No abstract provided.
Legitimizing Decompilation Of Computer Software Under Copyright Law: A Square Peg In Search Of A Square Hole, 28 J. Marshall L. Rev. 105 (1994), Allan M. Soobert
Legitimizing Decompilation Of Computer Software Under Copyright Law: A Square Peg In Search Of A Square Hole, 28 J. Marshall L. Rev. 105 (1994), Allan M. Soobert
UIC Law Review
No abstract provided.
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
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.
Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke
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
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
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
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 History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy
UIC Law Review
No abstract provided.
The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige
The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige
UIC Law Review
No abstract provided.
An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder
An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder
UIC Law Review
No abstract provided.
Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel
Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel
UIC Law Review
No abstract provided.
How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal
How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal
UIC Law Review
No abstract provided.
Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard
Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard
UIC Law Review
No abstract provided.
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
UIC Law Review
No abstract provided.
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Harmonization Of International Patent Law: Introduction, 26 J. Marshall L. Rev. 437 (1993), Donald S. Chisum
The Harmonization Of International Patent Law: Introduction, 26 J. Marshall L. Rev. 437 (1993), Donald S. Chisum
UIC Law Review
No abstract provided.
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.