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Articles 301 - 322 of 322
Full-Text Articles in Intellectual Property Law
The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock
The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock
Richmond Journal of Law & Technology
While attempting to limit potential sexual harassment suits against the Commonwealth of Virginia, and also promote workplace efficiency, the Virginia General Assembly enacted legislation prohibiting state employees from accessing information containing sexual content from state-owned or leased computers without obtaining prior approval from their agency heads. Urofsky v. Gilmore concerns a suit brought by six faculty members employed by several state universities in federal district court alleging that the legislation infringed on their First Amendment free speech rights by unconstitutionally limiting their abilities to perform their jobs. Although the district court found for the plaintiffs, that decision was reversed on …
The Creative As Enemy Of The True: The Meaning Of Originality In The Matthew Bender Cases, Deborah Tussey
The Creative As Enemy Of The True: The Meaning Of Originality In The Matthew Bender Cases, Deborah Tussey
Richmond Journal of Law & Technology
The scope of copyright protection for case reports and case reporters has been the subject of litigation since the Supreme Court decided its first copyright case, Wheaton v. Peters,[1] in 1834. Prior to the development of electronic technologies, the courts established a fairly consistent set of guidelines on which print publishers could rely. However, the development of electronic research tools raised new questions which the old guidelines did not address. With the founding of Lexis's online research service, and the later development of CD-ROM research products, West Publishing Co., the premier publisher of case reports, found itself in possession of …
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
Richmond Journal of Law & Technology
In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …
Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika
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 …
Religious Technology Center V. Netcom On-Line Communications Services, Inc.: The Knowledge Standard For Contributory Copyright Infringement And The Fair Use Doctrine, Eugene A. Burcher, Anna M. Hughes
Religious Technology Center V. Netcom On-Line Communications Services, Inc.: The Knowledge Standard For Contributory Copyright Infringement And The Fair Use Doctrine, Eugene A. Burcher, Anna M. Hughes
Richmond Journal of Law & Technology
With 30 million people connected worldwide and the ability to rapidly transfer large amounts of data, the Internet poses a great threat to owners of intellectual property. The Internet's rapid growth has led to substantial speculation about how courts will apply intellectual property law concepts to conduct in cyberspace. On November 21, 1995, U.S. District Judge Ronald Whyte ruled that an Internet Service Provider (ISP) could be liable for contributory copyright infringement when a subscribing member directly infringes a copyright.
Procd, Inc. V. Zeidenberg: Enforceability Of Shrinkwrap Licenses Under The Copyright Act, Jennifer L. Hawkins
Procd, Inc. V. Zeidenberg: Enforceability Of Shrinkwrap Licenses Under The Copyright Act, Jennifer L. Hawkins
Richmond Journal of Law & Technology
"I didn't read all of the shrink-wrap license agreement on my new software until after I opened it. Apparently I agreed to spend the rest of my life as a towel boy in Bill Gates' new mansion."
The Property Concept Of Trade Secrets In Anglo-American Law: An Ongoing Debate, Miguel Deutch
The Property Concept Of Trade Secrets In Anglo-American Law: An Ongoing Debate, Miguel Deutch
University of Richmond Law Review
The law of trade secrets is central to the protection of commercial interests in information. The protection of information by way of this law has certain advantages not provided by the more "traditional" laws regulating intellectual property, advantages which amplify the growing interest of modern jurisprudence in trade secrets law.1 As has been correctly pointed out, the "traditional" rules governing intellectual property are ill suited to the demands of new technological developments.2 This reality has increased the importance of the law of trade secrets, in as much as it is both more flexible and general, and thus, more easily applied …
Markman V. Westview Instruments, Inc.: Patent Construction Is Within The Exclusive Province Of The Court Under The Seventh Amendment, Sue Ann Mota
Richmond Journal of Law & Technology
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Copyright On The Www: Linking And Liability, Edward A. Cavazos, Coe F. Miles
Copyright On The Www: Linking And Liability, Edward A. Cavazos, Coe F. Miles
Richmond Journal of Law & Technology
The World Wide Web (WWW) is so often used as a way of interacting with the Internet that many people mistakenly confuse the two, referring to the Internet as the "Web" and vice versa. Of course, the Internet and its native applications predate the development of the WWW protocols by decades. Still, given the overwhelming amount of available Internet bandwidth now devoted to the transmission of web pages, there is no doubt that the WWW is the interface of choice for most users of the world's most pervasive computer network. The WWW is not the Internet, but there can be …
Obtaining And Enforcing Trade Dress For Computer Graphical User Interfaces - A Practitioner's Guide, John P. Musone
Obtaining And Enforcing Trade Dress For Computer Graphical User Interfaces - A Practitioner's Guide, John P. Musone
Richmond Journal of Law & Technology
A computer program that successfully incorporates an intuitive graphical user interface possesses a tremendous competitive advantage over its competitors. Interface development accordingly has become a critical aspect of software development. Without legal protection, however, this advantage is illusory as competitors are otherwise free to copy unprotected interface features. Interface creators have predominately used copyright law to protect the overall "look and feel" of their interfaces. However, copyright protection for interfaces increasingly appears to be the exception rather than the rule.
Letter From The Editor, Richard P. Klau
Letter From The Editor, Richard P. Klau
Richmond Journal of Law & Technology
What a year! While it has only been ten months since we published our first issue, the progress made in the electronic publication of legal information has been incredible. When we published in April of 1995, many wondered whether or not we would have much company in cyberspace. There were those who scoffed at our efforts, saying that using the Internet as a publication medium was little more than a gimmick.
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Richmond Journal of Law & Technology
Copyright is designed to provide some form of protection against unauthorized use of original informational materials. The rapid shift of information production and distribution to electronic form, with its corresponding ease of copying, naturally makes copyright-dependent industries nervous. Much talk in the news and on the "net" these days is about the future of copyright law, a law developed in an age of print and now perhaps too tied to that medium to have ready application to today's information technology.
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Richmond Journal of Law & Technology
The company that controls the interface of the next major operating system will have the ability to set the standards for application software. It was not surprising that Apple Corporation began its fight to stop Windows from being that major operating system after Microsoft Corporation introduced the various versions of its Windows software and announced plans for this program to replace the already widely selling DOS operating system. Unfortunately, Apple chose to conduct this war on the complex and often confusing battleground of copyright law, which ultimately proved to be its downfall.
Letter From The Editor, Richard P. Klau
Letter From The Editor, Richard P. Klau
Richmond Journal of Law & Technology
Over the last eight months, several people have asked why we decided to publish The Journal exclusively online. These concerns are not insignificant -- any embrace of a new technology should be made without blinders on. We were excited by the possibilities of publishing online, but the fears that we would not be taken seriously were very real. These fears have, however, been overcome by the enthusiasm which has greeted The Journal.
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Richmond Journal of Law & Technology
Use of the global Internet computer network is rising exponentially. As Internet subscription increases disagreements between users are expected to arise, just as where any sizeable number of human beings interact, disagreements may be expected to arise. To date, on-line disputes have been primarily dealt with via informal solutions, such as the polite conventions of "netiquette" shared by Internet users. However, as the community of Internet users grows increasingly diverse, formal dispute resolution mechanisms, embodied as law and legal institutions, may be called upon by the parties to resolve disagreements. For example, several acrimonious disputes have already arisen over the …
Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv
Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv
Richmond Journal of Law & Technology
Imagine the following: It's New Year's Eve, 1994, and as twilight falls you start to clean off your desk and get ready to go home. On top of your "Out" tray is a copy of a patent application for American Corporation that you filed with the Patent and Trademark Office last week. A-Corp., one of your largest clients, is the nation's largest manufacturer of business office furniture. The patent application is for A-Corp's new "Security Cabinet," a device that protects sensitive computer disks and video- tapes from electromagnetic contamination. The Security Cabinet was unveiled at an office supply trade show …
Overreaching Provisions In Software License Agreements, Michael Liberman
Overreaching Provisions In Software License Agreements, Michael Liberman
Richmond Journal of Law & Technology
Historically, software license agreements emerged as the most popular means of protection of proprietary rights in computer software. As a common form of contract and trade secret protection, software licenses coexist with other forms of intellectual property rights such as patent and copyright. The importance of these forms of protection has recently increased. Where the licensor fails to consider the implications of the relation between these forms of protection, the licensor's attempts to maximize contractual protection while restricting the licensee's activities regarding the licensed software may result in overreaching. Under these circumstances, a court may invalidate the license agreement in …
Lawfutures, Or, Will You Still Need Me, Will You Still Feed Me, When I'M Sixty Four?, Stephen T. Maher
Lawfutures, Or, Will You Still Need Me, Will You Still Feed Me, When I'M Sixty Four?, Stephen T. Maher
Richmond Journal of Law & Technology
I cannot imagine what it was like to practice law without a photocopy machine. In the first years of my practice, I received a few briefs typed the old fashioned way, on onion-skin paper with five sets of carbons in between. But since then, we have witnessed a continuing march of progress in information processing. From the mag card, to the memory typewriter, to the System 6, to the dedicated word processor, to the personal computer and now to the computer network, we have seen technology, when working correctly, providing tremendous assistance in meeting the demands of our busy lives. …
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
University of Richmond Law Review
It is an old problem in trademark law. Someone develops a trademark and starts using it on goods or services. Business improves and the company slowly expands into different areas of the country. Sooner or later this first user discovers that someone else in another part of the country is using the same mark on the same goods. Although the second user started using the mark after the first user, the second use was made without knowledge of the first user. The next thing you know, there is a lawsuit. In such a case, who should win?
The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag
The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag
University of Richmond Law Review
For the past 200 years, the federal patent laws have been used to encourage advances in scientific and technological areas. Pursuant to its constitutional authority "To Promote the Progress of Science and the Useful Arts," Congress has provided statutory protection for new and useful inventions. Consistent with constitutional and congressional mandates, patent rights have been granted for inventions which were diverse in both subject matter and complexity. For instance, the scope of patentable subject matter now extends to such highly sophisticated and revolutionary technologies as lasers, computers, and photocopiers.
Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider
Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider
University of Richmond Law Review
Copyright is the Cinderella of the law. Her rich older sisters, Franchises and Patents, long crowded her into the chimney-comer. Suddenly, the fairy godmother, Invention, endowed her with mechanical and electrical devices as magical as the pumpkin coach and the mice footmen. Now she whirls through the mad mazes of a glamorous ball.
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.