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Articles 61 - 90 of 138
Full-Text Articles in Intellectual Property Law
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 …
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 …
The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard
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 …
Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina
Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina
UIC John Marshall Journal of Information Technology & Privacy Law
In an attempt to facilitate a single European marketplace, EU directives tried to amend its laws and regulations to accommodate the ever-advancing technology of the Internet. In tackling the issues, the authors discuss different layers of the Internet as laying the foundation for further analysis. Digital data networks are virtual networks; they are composed of a series of unrelated networks with each potentially owned and operated by different person. While the physical layers of such networks are important, the focus of this article is on the data layer: the layer that packages the data in a very efficient manner. This …
Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes
Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes
UIC John Marshall Journal of Information Technology & Privacy Law
In 1985, two executives at Encyclopedia Britannica, Inc. introduced the idea of a multimedia search system that interfaxed textual and graphical entry paths in a single database. At that time, Encyclopedia Britannica was not interested in publishing its own volumes of encyclopedias in an electronic format. Instead, they decided to make Compton’s Encyclopedia the basis of the proposed multimedia encyclopedia. On August 31, 1993, the PTO issued U.S. patent 5,241,671 for a multimedia search system to fourteen inventors who had previously assigned all their patent rights of the claimed invention to Encyclopedia Britannica. Questions arose about the validity of the …
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
UIC John Marshall Journal of Information Technology & Privacy Law
On June 30, 1994, Belgium became the first nation in Europe that incorporated Directive 91/250/EEC into a specific law, the "Software Act." Unlike many other countries that deal with copyright issues involving software, Belgium enacted the Software Act to satisfy the practical and specific need to protect software. In this introductory article on Belgium’s protection of software, the author discusses the main provisions of the Software Act while making reference to the Copyright Act since computer programs are also protectable through patent, trademark or unfair competition laws. In furthering its commitment under the Berne Convention, Belgium enacted the Software Act …
Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert
Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert
UIC John Marshall Journal of Information Technology & Privacy Law
In Canada, the Criminal Code and the Copyright Act explicitly protect computer software programs while existing patent, trademark/trade secret and fiduciary duty laws also extent their protection to computer software. In this article, the author gives an overview of computer software protection under Canadian laws and analyzes courts’ applications of these laws to software by examining several caselaws. Computer software may be protected as trade secrets and thus may be part of a contractual agreement between parties. In the absence of an explicit agreement, Canadian laws imposes an implied non-disclosure duty on employees concerning trade secrets acquired in the scope …
The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard
The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard
UIC John Marshall Journal of Information Technology & Privacy Law
Since late 1970s, the Chinese economy has grown tremendously. Meanwhile, its intellectual property has also improved as a consequence of foreign pressures on the so-called “one-copy” country. China protects computer software under its copyright law, but the protection contains numerous loopholes which render its broad purpose meaningless. While the Act protects software in general, specific aspects of that protection are treated separately. The Act also creates exceptions and uses ambiguous terms to give the government leeway to reap fruits of software engineers without compensating it. In analyzing litigated software infringement cases, the author, though praising the impact of the decisions, …
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
UIC John Marshall Journal of Information Technology & Privacy Law
There are over eight thousand people in Ireland employed in the software industry by several multinational corporations, including Microsoft, Novell, Lotus and Corel. Although there has not yet been much Irish case law addressing the protection of computer software, there are adequate statutory protections in place. The Directive on the Legal Protection of Computer Programs (“Regulations”) provides copyright protection for all original computer programs. Ideas and underlying principles are not protected by copyright under the Regulations but the English High Court has clarified this general rule by stating detailed ideas may be copyrighted. The Regulations provide some exclusive rights to …
Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor
Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an overview of the laws currently in use for the protection of the intellectual property of software in the Netherlands. The analysis focuses primarily on all aspects of copyright law, which include sources of copyright law, protectable subject matter, ownership and transfer of copyright and licensing, economic rights and user's prerogatives, moral rights, copyright infringement in computer software and remedies for infringement. The article also briefly discusses other methods of protection for the intellectual property of computer software in the Netherlands, including patents, trade secrets, semiconductor chip protection and trademarks.
Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos
Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos
UIC John Marshall Journal of Information Technology & Privacy Law
This article begins by examining the unique political circumstances of Puerto Rico, as a territory of the United States. It then explains the different federal and national systems that govern patent and copyright protection in Puerto Rico. The article details the conflict between the two systems and outlines the way the federal laws of the United States take precedent over the local laws of Puerto Rico in the areas of copyright and trademark. It analyzes the laws of Puerto Rico which provide protection for "moral rights" in the European tradition, which the United States does not recognize. The article also …
Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija
Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija
UIC John Marshall Journal of Information Technology & Privacy Law
The author provides a brief overview of Spain’s intellectual property protection of software. The author discusses Act 22/87 which is the foundation of copyright law in Spain and regulates all kinds of works; literary, artistic, and scientific. In Spain, copyright laws protect computer programs as literary works. The broad definition of a "computer program" includes the object code as well as the source code, operating system programs, the microcode within the central processing unit, and the programming language and interface. As a member of the European Community (EC), Spain enacted "Directive 91/250" for legal protection of computer programs. The author …
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
As we approach the year 2001, one of the critical issues facing the international community is the level and scope of protection to be afforded technology and technology based products. Technology and property laws share a unique relationship. Intellectual property laws serve as a potential source for technology protection. Technology if subject to protection is generally protectable under a country's patent or copyright for compact disc recordings. In addition to the forms of intellectual property, many nations also provide protection for the "rights neighboring" to traditional intellectual property rights. The absence of a uniform definition for traditional forms of intellectual …
Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon
UIC John Marshall Journal of Information Technology & Privacy Law
A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying are …
Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
UIC John Marshall Journal of Information Technology & Privacy Law
The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the …
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular telephone …
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
UIC John Marshall Journal of Information Technology & Privacy Law
Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various …
The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …
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 …
§ 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 …
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 …