Internet Law Commons^™

Deadly Combinations: A Framework For Analyzing The Gpl’S Viral Effect, 25 J. Marshall J. Computer & Info. L. 487 (2008), Ron Phillips

UIC John Marshall Journal of Information Technology & Privacy Law

Free and Open Source Software (FOSS) is free to use and can be downloaded from the Internet. This paper argues that adaptations that combine community source licensed software with an organization’s own intellectual property can trigger “viral” terms of the community source licenses in unexpected ways. The author proposes a model framework for analyzing software combinations to determine whether the viral terms are triggered, and illustrate that analysis against various technical combinations of community-sourced and proprietary software. Author Footnote: Vice President and General Counsel, Serlio Software Development Corporation; J.D. MarquetteUniversity Law School; B.S. University of Washington.

Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii

UIC John Marshall Journal of Information Technology & Privacy Law

Alleging software and data-base infringement is probably the most common offensive strategy currently seen in high-tech copyright litigation. In the context of a hypothetical factual setting, this article explores three potential pitfalls attendant to such a strategy, and suggests ways to minimize those risks.

The Americans With Disabilities Act And Internet Accessibility For The Blind, 25 J. Marshall J. Computer & Info. L. 543 (2008), Katherine Rengel

UIC John Marshall Journal of Information Technology & Privacy Law

This comment analyzes the current debate over Internet accessibility for the blind. The author proposes an amendment to the ADA which would require that all Web sites make reasonable accommodations so they are accessible to the visually impaired. The amendment would comply with the purpose of the ADA, and promote the public policy of equal access to all. Finally, the author concludes that, given the Internet’s prevalence in today’s society, an amendment to the ADA is essential to promote equality and bring the ADA into the Internet age.

Information Convergence: At The Boundaries Of Access: Introduction, 25 J. Marshall J. Computer & Info. L. 585 (2008), Doris E. Long, Leslie Ann Reis

UIC John Marshall Journal of Information Technology & Privacy Law

This introduction describes "information convergence," the subject of the Symposium presented at The John Marshall Law School by The Center for Information Technology and Privacy Law and The Center for Intellectual Property Law. The introduction previews the speeches and presentations given at the Symposium and featured in this issue of the Journal.

Convergence At The Boundaries Of Information Analysis And Security Technology, 25 J. Marshall J. Computer & Info. L. 599 (2008), Charisse Castagnoli

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the problems posed to information security as a result of the unintended changes in either technology or the ways in which we interact with new access platforms. From data security to cyberbullying, to the threats posed by the increasing number of medical devices controlled by remote access, she outlines a rapidly changing world where the convergences between information and technology pose serious threats to information security and access.

Litigating At The Boundaries, 25 J. Marshall J. Computer & Info. L. 609 (2008), Keith G. Chval

UIC John Marshall Journal of Information Technology & Privacy Law

This article details some of the real world challenges facing the legal processes in the United States as information storage and retrieval technology outstrips legal procedures for dealing with these processes. Describing a “perfect storm” of litigation needs, technology and information concerns, he describes the continuing stumbling blocks in dealing effectively with an information world which is becoming increasingly digital, on more consumer devices that may make the protection and discovery of such information increasingly problematic.

Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the process of innovation and releasing so-called negative information to help others in the process to innovate. The article focuses on patent law and asks the questions: Why do people innovate? Does the legal system really reflect how the process of innovation actually occurs?

Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley

UIC John Marshall Journal of Information Technology & Privacy Law

The author demonstrates how problematic the convergences between Internet technology, the demands of a burgeoning e-market, and trademark laws have created a myriad of issues in international governance of domain names. While the Internet Corporation for Assigned Names and Numbers (“ICANN”) has been tasked with resolving some of the most problematic information ownership issues in e-commerce, she demonstrates that current changes in domain name registries ignore the real world problems posed by these convergences.

The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest Of Information Convergence, 25 J. Marshall J. Computer & Info. L. 635 (2008), Sheldon Halpern

UIC John Marshall Journal of Information Technology & Privacy Law

The author shows that convergence has placed trademark law in the center of some of the hard-fought battles over information ownership in intellectual property. From fights over moral rights, to collisions with patents, trademarks in the new technological age have raised questions that he suggests might be better analyzed if the associative nature of trademarks were recognized and applied.

Access To Computer Programs Under The Dmca, 25 J. Marshall J. Computer & Info. L. 641 (2008), Dennis S. Karjala

UIC John Marshall Journal of Information Technology & Privacy Law

The author explores the convergences between technology and information in the critical area of computer programs and the DMCA. Examining recent attempts to raise protected access control measures under the DMCA to non-communication related content, he demonstrates that not all fears of unlimited expansion of copyright are justified. To the contrary, courts are showing a remarkable sensitivity to the problem.

When Worlds Collide: The Uneasy Convergence Of Creativity And Innovation, 25 J. Marshall J. Computer & Info. L. 653 (2008), Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

The author contends that in the area of computer software protection convergence has resulted in confusion in the goals of copyright and patent laws to the detriment of both. By confusing “innovation” with “creativity,” she contends that copyright protection has been strained by its efforts to fit the demands of functional code within its expressive protection goals. She concludes by suggesting that we go “back to the future” to resurrect an international sui generis system for software and allow both copyright and patent to go back to their original, and distinctly different, policy goals.

Information Governance, 25 J. Marshall J. Computer & Info. L. 673 (2008), Michael J. Madison

UIC John Marshall Journal of Information Technology & Privacy Law

The author goes back to the first principles of information governance and discusses what impact the means and methods that we chose to control information has on the nature of information itself. Focusing on the Google Book Project, he suggests an analytical method for considering information access and control issues that avoids privileging any particular player and instead focuses on information governance as a dynamic process.

The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti

UIC John Marshall Journal of Information Technology & Privacy Law

The article looks at the threats accompanying online shopping, such as identity theft and aggregated data files. Such issues arise when companies carelessly lose laptops filled with unencrypted data or callously sell data on the open market with collected personally identifying information (PII). The article explains that although privacy policies are supposed to force companies to strengthen their privacy practices they are not always effective because companies often post inconspicuous, vague and legalese-filled policies. These ambiguous postings cause online shoppers to blindly submit PII and ignore privacy practices completely. The article proposes a solution to this problem through the standardization …

Opening The Red Cross International Tracing Service Archive, 26 J. Marshall J. Computer & Info. L. 161 (2008), Kenneth Waltzer

UIC John Marshall Journal of Information Technology & Privacy Law

The Red Cross International Tracing Service Archive in Bad Arolsen contains nearly 17.5 million names and nearly 50 million World War II and post-war era documents. The Bonn Accords designated the International Tracing Service (“ITS”) as the sole caretaker of these documents. A recent revision to the Bonn Accords has resulted in a reopening of archives at Bad Arolsen. ITS has started to digitize materials, and the data has been distributed to designated research institutions. The revision also resulted in access to the archives for research purposes. This expanded availability of the information has raised a number of important questions …

Beyond Whiffle-Ball Bats: Addressing Identity Crime In An Information Economy, 26 J. Marshall J. Computer & Info. L. 47 (2008), Erin Kenneally, Jon Stanley

UIC John Marshall Journal of Information Technology & Privacy Law

The article discusses the challenges to the protection of private personal information in the age of rapid technological changes and advances with a particular focus on the explosion of Identity Theft Crime (IDC). The paper highlights the compartmentalized and imbalanced roles that the free market and law enforcement (LE) play in response to this emerging threat to privacy, the implications of this dynamic, and recommendations for improving the societal risk management of Identity Crime.

United States V. Andrus: Password Protect Your Roommate, Not Your Computer, 26 J. Marshall J. Computer & Info. L. 183 (2008), Sarah M. Knight

UIC John Marshall Journal of Information Technology & Privacy Law

The article looks at the decision in United States v. Andrus, where it was determined that the police could obtain consent from a father to search an adult son’s computer without first checking if the father who gave consent know the password and therefore had apparent authority to search. The police used Encase, software designed to make a forensic copy of a hard drive, without even turning on the computer. The 10th Circuit majority opinion decided the police committed no error when they conducted the search. The article’s author argues that the dissenting opinion took the correct position in its …

Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

In this comment the author examines the new and growing body of federal opinions citing Wikipedia an authoritative source. The comment details how Wikipedia articles are generated, and the ease with which anyone can edit them, to illustrate their shortcomings as sources for making judicial determinations. The author provides examples of federal cases where judges rely on Wikipedia to define terms ranging from colloquial phrases to medical equipment. The author points out that in spite of several academic institutions and the U.S. Trade and Patent Office banning it as a source, federal judges continue to rely on Wikipedia in their …

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law:Summary Of Bench Memorandum, 26 J. Marshall J. Computer & Info. L. 259 (2008), Robin Ficke, James Lai, Steven Tseng, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Alex Romero (“Romero”), appeals to the Marshall Supreme Court from an order granting summary judgment in favor of Respondent, Windbucket Entertainment, LLC (“Windbucket”). Romero’s lawsuit alleged that Windbucket and a third party (not a party to the present appeal) were liable to him for invasion of privacy by intrusion upon seclusion. Romero then sought discovery sanctions against Windbucket for violations of Marshall Rule of Civil Procedure 37. The issues in the case concern whether a subscriber to an Internet-based, multiplayer computer game can state a valid invasion of privacy claim against the game’s publisher, when liability is based on …

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 26 J. Marshall J. Computer & Info. L. 283 (2008), David Caras, Jennifer Robbins, Zach Rudisill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 26 J. Marshall J. Computer & Info. L. 321 (2008), Adam Powell, Erin Blake, Kris Kokotayo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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 …

Asterisk Revisited: Debating A Right Of Reply On Search Results, Frank Pasquale

Faculty Scholarship

No abstract provided.

Technological Due Process, Danielle K. Citron

Faculty Scholarship

Distinct and complementary procedures for adjudications and rulemaking lie at the heart of twentieth-century administrative law. Due process required agencies to provide individuals notice and an opportunity to be heard. Agencies could foreclose policy issues that individuals might otherwise raise in adjudications through public rulemaking. One system allowed focused advocacy; the other featured broad participation. Each procedural regime compensated for the normative limits of the other. Both depended on clear statements of reason.

The dichotomy between these procedural regimes has become outmoded. This century's automated decision-making systems collapse individual adjudications into rulemaking while adhering to the procedural safeguards of neither. …

Bill Graham Archives V. Dorling Kindersley Limited : The Ever-Changing Face Of The Fair Use Defense, Christina Alvarado

SMU Science and Technology Law Review

No abstract provided.

Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale

Faculty Scholarship

No abstract provided.

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 …

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 …

Electronic Records As Documentary Evidence, Ken Chasse

Canadian Journal of Law and Technology

The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …

The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm

Canadian Journal of Law and Technology

In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …

You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow

Canadian Journal of Law and Technology

Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …