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Articles 661 - 690 of 719

Full-Text Articles in Internet Law

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu Jan 2008

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu

UIC Review of Intellectual Property Law

Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …

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Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall Jan 2008

Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall

Richmond Journal of Global Law & Business

While domestic casinos and lotteries take in about $84.7 billion a year; internet gambling is worth about $12 billion. By comparison, movies bring in about $23.24 billion a year. Fifty-two percent of the population gambles. Although all but two states (Utah and Hawaii) permit gambling of some sort, none license internet gambling. It is therefore illegal in all 50 states. Estimates suggest that only 1% of the population engages in internet gambling.

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Internet Gambling And The Law, I. Nelson Rose Jan 2008

Internet Gambling And The Law, I. Nelson Rose

Richmond Journal of Global Law & Business

No abstract provided.

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Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono Nov 2007

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of …

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Net Neutrality: An International Policy For The United States, Frederick W. Pfister Nov 2007

Net Neutrality: An International Policy For The United States, Frederick W. Pfister

San Diego International Law Journal

Consider this scenario: Alex and John still are avid video game players and play hours a day, each connecting from the same town through different ISPs. However, since it is a peak Internet traffic time, it may be difficult for them to play. While Alex has the "Diamond" package from his ISP that ensures he has guaranteed high-bandwidth connection, John's ISP does not offer anything other than regular residential service. John must compete with everyone else in his local area for bandwidth, including a few who constantly watch high-definition video-on-demand and subsequently constrain bandwidth for other users. Would it not …

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The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee Jan 2007

The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers Jan 2007

Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers

UIC John Marshall Journal of Information Technology & Privacy Law

Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …

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Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose Jan 2007

Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose

UIC Law Review

No abstract provided.

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Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li Jan 2007

Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li

Washington International Law Journal

On October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. (“Baidu”), a Nasdaq-listed company known as the “Google of China,” filed a suit against its competitor Beijing 3721 Technology Ltd. Co. (“3721”) in Beijing Chaoyang District Court for copyright infringement and unfair competition. The case is regarded as China’s first copyright-infringement dispute involving website search-engine technology. Legal experts, the Chinese media, and the Supreme Court of China have paid close attention to the case, especially as it is related to China’s ongoing legislative effort to improve protection of intellectual property. The translation below is the appellate opinion in this …

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Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali Jan 2007

Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali

Faculty Publications

Three employees of Mphasis, a business process outsourcing ("BPO") firm, which runs call center services for Citibank's U.S. customers in Bangalore, India, were arrested for allegedly siphoning $350,000 from the accounts of Citibank's U.S. customers. These employees used their positions, which provided them access to Citibank customers, to induce four customers into giving out the personal identification numbers to their accounts, allowing the employees to illegally siphon funds out of those accounts. Outsourcing is a growing trend among budgetconscious U.S. companies and institutions. Information being outsourced includes personal data and confidential proprietary information. For example, Unisys Corporation, a company that …

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Anonymity On The Internet: How Does It Work, Who Needs It, And What Are Its Policy Implications?, Eric J. Stieglitz Jan 2007

Anonymity On The Internet: How Does It Work, Who Needs It, And What Are Its Policy Implications?, Eric J. Stieglitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

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Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

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Identity Theft And Consumer Protection: Finding Sensible Approaches To Safeguard Personal Data In The United States And Canada, Kamaal Zaidi Apr 2006

Identity Theft And Consumer Protection: Finding Sensible Approaches To Safeguard Personal Data In The United States And Canada, Kamaal Zaidi

ExpressO

This paper examines identity theft in both the United States and Canada. Various examples of commercial fraud and scams are discussed in the context of a growing trend of identity thieves assuming identities of innocent consumers. As such, various pieces of legislation and consumer initiatives (involving online consumer complaint mechanisms)in U.S. and Canadian jurisdictions are highlighted to demonstrate the pursuit towards broader consumer protection of personal data used in daily commercial transactions. The author argues that these modern efforts to safeguard consumers from identity theft is a progressive measure that will continue to afford increasing protections for consumer personal data, …

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Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson Mar 2006

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …

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The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson Mar 2006

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson

ExpressO

“Privacy” is one of the fastest growing areas of the law, due in part to the explosion of the Internet over the past decade. When we speak of privacy in the Internet age, we typically mean data protection, the regulation of the use of personal information about individuals by private interests, such as corporations. Unfortunately, much of the discourse on the subject adopts a framework more suitable to traditional privacy, an inviolable “right to be let alone” by the state. Rather than create a sacrosanct right against the government, the modern incarnation of privacy actually creates a quasi-property right, where …

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The Secret Is Out: Patent Law Preempts Mass Market License Terms Barring Reverse Engineering For Interoperability Purposes, Daniel Laster Feb 2006

The Secret Is Out: Patent Law Preempts Mass Market License Terms Barring Reverse Engineering For Interoperability Purposes, Daniel Laster

ExpressO

As patent protection has emerged to protect software, courts and commentators have mistakenly focused on copyright law and overlooked the centrality of patent preemption to limit contract law where a mass market license which prohibits reverse engineering (RE) for purposes of developing interoperable products leads to patent-like protection. Review of copyright fair use cases on RE and Congress’s policy favoring RE for interoperability purposes in the Digital Millennium Copyright Act reinforce the case for patent preemption. Also, the fundamental freedom to RE embodied in state trade secret law, coupled with federal patent and copyright law and policies, cumulatively should override …

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A Collective Rights Society For The Digital Age, John Maloney Jan 2006

A Collective Rights Society For The Digital Age, John Maloney

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo Jan 2006

Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Intellectual Property Rights In The Internet Era: The New Frontier, 5 J. Marshall Rev. Intell. Prop. L. 589 (2006), Lulin Gao Jan 2006

Intellectual Property Rights In The Internet Era: The New Frontier, 5 J. Marshall Rev. Intell. Prop. L. 589 (2006), Lulin Gao

UIC Review of Intellectual Property Law

With the rapid development of information and Internet technologies, how to protect intellectual property (IP) rights in the Internet era became a new frontier for IP practitioners and scholars internationally. This article highlights some important IP protection issues related to copyright, patent, trademark, and domain names, as well as the impact of technological advances on IP protection in the Internet era. The author believes that in order to solve these new emerging issues, the most important principle is keeping the balance between different sides with stakes in the IP right. Finally, international cooperation must be enhanced with more technical assistance …

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The Wipo "Internet Treaties" The United States As The Driver: The United States As The Main Source Of Obstruction — As Seen By An Anti-Revolutionary Central European, 6 J. Marshall Rev. Intell. Prop. L. 17 (2006), Mihály Ficsor Jan 2006

The Wipo "Internet Treaties" The United States As The Driver: The United States As The Main Source Of Obstruction — As Seen By An Anti-Revolutionary Central European, 6 J. Marshall Rev. Intell. Prop. L. 17 (2006), Mihály Ficsor

UIC Review of Intellectual Property Law

The copyright policy of the United States developed from initial isolationism, through the 1891 Chase Act, various bilateral and inter-American agreements and the establishment of the Universal Copyright Convention, to active participation in the international copyright cooperation. This development was completed by the United States’ accession to the Berne Convention in 1988. Since then, the United States has played a leading role in this field, which was manifested both during the negotiations of the 1994 TRIPS Agreement and the preparatory work of the two 1996 WIPO “Internet Treaties”, the WCT and the WPPT. These WIPO Treaties, the preparation and adoption …

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Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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Contracts Concluded By Electronic Agents - Comparative Analysis Of American And Polish Legal Systems, Aleksandra M. Jurewicz Aug 2005

Contracts Concluded By Electronic Agents - Comparative Analysis Of American And Polish Legal Systems, Aleksandra M. Jurewicz

ExpressO

This article analyzes the US and Polish law on contract formation by electronic agents. It persents the main similarities and differences in the approaches of common and civil legal systems. Finally, it discusses changes in legal theories in Poland that had to be made in order to comply with standards of electronic commerce.

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Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael F. Mertens Jul 2005

Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael F. Mertens

ExpressO

The article discusses broadly the music piracy problem in Russia, the current state of Russia’s copyright laws, and how its laws and problems compare to the U.S. and the rest of the world. In particular, the article focuses on music piracy through the Internet and how it has exploded in Russia. One of the websites I target is the infamous Allofmp3.com, which has attracted a large amount of U.S. attention in recent times by consumers as well as lawmakers. The article analyzes the legislative and enforcement deficiencies in Russia that led to the enormous problem with traditional music piracy and …

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A Model For Emergency Service Of Voip Through Certification And Labeling, Patrick S. Ryan, Tom Lookabaugh, Douglas Sicker May 2005

A Model For Emergency Service Of Voip Through Certification And Labeling, Patrick S. Ryan, Tom Lookabaugh, Douglas Sicker

ExpressO

Voice over Internet Protocol (VoIP) will transform many aspects of traditional telephony service, including the technology, the business models, and the regulatory constructs that govern such service. Perhaps not unexpectedly, this transformation is generating a host of technical, business, social, and policy problems. In attempting to respond to these problems, the Federal Communications Commission (FCC) could mandate obligations or specific solutions to VoIP policy issues; however, it is instead looking first to industry initiatives focused on the key functionality that users have come to expect of telecommunications services. High among this list of desired functionality is user access to emergency …

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Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures And New Business Models Under E.U. And U.S. Law, Nicola Lucchi May 2005

Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures And New Business Models Under E.U. And U.S. Law, Nicola Lucchi

ExpressO

The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old technology and policy makers have found two different solutions and remedies for intellectual property rights: legal and technological. When both remedies work together any rights that a consumer may have under copyright law could be replaced by a unilaterally defined contractual term and condition. To balance this inequity this article analyses different solutions under U.S. …

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China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy May 2005

China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy

San Diego International Law Journal

[T]his paper provides a review of how the use of the Internet has grown and been regulated in China. We then draw some conclusions on what the experience to date may have to tell us about future regulatory and usage patterns with respect to the Internet in China.

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Why "Bad" Patents Survive In The Market And How Should We Change?--The Private And Social Costs Of Patents, Jay P. Kesan Mar 2005

Why "Bad" Patents Survive In The Market And How Should We Change?--The Private And Social Costs Of Patents, Jay P. Kesan

ExpressO

In this paper, we formally demonstrate that incorrectly issued patents can survive in the market without judicial review, even when the invention is neither novel nor non-obvious. We support this contention by presenting a game theoretic model that studies the interaction between the patentee and an alleged infringer/challenger. Using this model, we demonstrate the impact of the transaction costs in the patent system at the administrative stage in the Patent Office and at the enforcement stage in the courts, and highlight the inability in our current system to mount effective challenges to improperly granted patents in the current system. We …

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Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum Mar 2005

Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum

Washington and Lee Law Review

No abstract provided.

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The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann Jan 2005

The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann

UIC John Marshall Journal of Information Technology & Privacy Law

The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …

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