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Full-Text Articles in Privacy Law

Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris Jan 1998

Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

Proposed Article 2B seeks to minimize the conflict between the software developer and a client as to whether the contract is for goods or services. If the contract is for goods, then the client would receive the protection of a buyer under Article 2 of the U.C.C. If the contract is for services, then Article 2 does not apply and the relationship is governed by contract and common law principles. Proposed Article 2B will resolve this conflict by recognizing that development contracts are a mixture of goods and services and will also seek to provide default rules. Section 2B-617(b) of …


The Perpetuation Of Litigation Within The Commercial Industry: Soon Brought To A Screeching Halt, 16 J. Marshall J. Computer & Info. L. 421 (1998), Rhonda Salleé Jan 1998

The Perpetuation Of Litigation Within The Commercial Industry: Soon Brought To A Screeching Halt, 16 J. Marshall J. Computer & Info. L. 421 (1998), Rhonda Salleé

UIC John Marshall Journal of Information Technology & Privacy Law

Prior to the drafting of Article 2B of the Uniform Commercial Code ("U.C.C."), courts applied Article 2: Sales, by analogy, to transactions that involved licensing of software agreements. The courts used the "predominant feature test" to reach these decisions. This resulted in varying decisions among the states which is contrary to the need for uniformity within the software industry. Pursuant to Article 2B, a license is a "contract that expressly authorizes, prohibits or controls access to or use of information, limits the scope of the rights granted, or affirmatively grants less than all rights in the information, whether or not …


Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang Jan 1998

Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang

UIC John Marshall Journal of Information Technology & Privacy Law

In ProCD, Inc. v. Zeidenberg, the Seventh Circuit validated a licensor's shrink-wrap license. This court was one of the first courts to validate such licenses. The case involved a graduate student, Zeidenberg, who purchased ProCD's telephone directory software program which contained the shrink-wrap license at issue. After Zeidenberg took the software home, he downloaded the information in the software into his computer and put the information onto a website, despite the language on the computer screen prohibiting such dissemination of the software's contents. Then, Zeidenberg allowed Internet users to use his website to access the directory originally located on the …


Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt Jan 1998

Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico Jan 1998

Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa Jan 1998

Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Dynamics Of Computer And Information Technology Law In Conjunction With The Global Information Infrastructure: A Foreword, 16 J. Marshall J. Computer & Info. L. 777 (1998), Steven A. Mcauley Jan 1998

The Dynamics Of Computer And Information Technology Law In Conjunction With The Global Information Infrastructure: A Foreword, 16 J. Marshall J. Computer & Info. L. 777 (1998), Steven A. Mcauley

UIC John Marshall Journal of Information Technology & Privacy Law

One of the primary purposes of The John Marshall Journal of Computer Information Law is to focus on recent developments, on an international basis, in computer and information technology law. The themes that are developed in each issue of Volume Sixteen, present problems in computer and information technology law, and hopefully help answer questions in this dynamic field of law. The first issue of Volume Sixteen is a perspective issue on cyberspace governance, standards, and control. The lead articles of this issue discusses the challenge to develop international trademark law with regard to the Internet, Internet regulatory zoning of obscene …


Who Owns The Web Site?: The Ultimate Question When A Hiring Party Has A Falling-Out With The Web Site Designer, 16 J. Marshall J. Computer & Info. L. 857 (1998), Rinaldo Del Gallo Iii Jan 1998

Who Owns The Web Site?: The Ultimate Question When A Hiring Party Has A Falling-Out With The Web Site Designer, 16 J. Marshall J. Computer & Info. L. 857 (1998), Rinaldo Del Gallo Iii

UIC John Marshall Journal of Information Technology & Privacy Law

The question is "Who owns your web site?" This question is difficult to answer absent a copyright assignment clause since no one knows who the owner of the web site is under current law. There are several problems that occur when a web designer is placed in a position against the hiring party in determining ownership rights to a web site. It is important to distinguish ownership rights to a web site, since most contractual agreements between a web site designer and a hiring party do not address this issue. Every day, hundreds of new web sites are appearing and …


Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier Jan 1998

Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier

UIC John Marshall Journal of Information Technology & Privacy Law

This article focuses on the need for free speech legislation on the information superhighway. Two issues are addressed in this article. First, whether additional measures are needed for protecting free speech on the Internet. Second, whether the existing restrictions on free speech are relevant. The information superhighway in the United States is referred as a growing economic interest in information. In contract, the emphasis in Europe lies more on the "information society." In both instances, the government recognizes that the Internet has become a powerful medium of expression. Additionally, the Internet is a true testing ground for regulating the information …


Tracking Stolen Artworks On The Internet: A New Standard For Due Diligence, 16 J. Marshall J. Computer & Info. L. 937 (1998), Laura Mcfarland-Taylor Jan 1998

Tracking Stolen Artworks On The Internet: A New Standard For Due Diligence, 16 J. Marshall J. Computer & Info. L. 937 (1998), Laura Mcfarland-Taylor

UIC John Marshall Journal of Information Technology & Privacy Law

This comment proposes adopting an internationally recognized standard of due diligence in reporting lost or stolen artworks utilizing the Internet. To insure that the proposed standard of due diligence is acceptable internationally, this Comment proposes the creation of a readily accessible database in which the theft of artworks is tracked utilizing the Internet. First this Comment briefly discusses the history of stolen artworks. Second, this Comment discusses the various legal standards the courts use in analyzing stolen art cases: statute of limitations, due diligence and adverse possession. To analyze the standards now used, four cases are discussed: O'Keeffe v. Snyder, …


International Internet Regulation: A Multinational Approach, 16 J. Marshall J. Computer & Info. L. 997 (1998), Steven M. Hanley Jan 1998

International Internet Regulation: A Multinational Approach, 16 J. Marshall J. Computer & Info. L. 997 (1998), Steven M. Hanley

UIC John Marshall Journal of Information Technology & Privacy Law

A multinational approach should be applied to Internet regulation. Many countries are concerned about the information that their citizens are exposed to over the Internet. Proponents of international regulation of the Internet claim that two problems must be confronted. First, each country has a different standard of tolerance to egregious information making international regulation difficult. Second, the nature of the Internet does not lend itself to the application of conventional methods of jurisdiction over violators. Certain countries are focusing on regulating Internet information. However, these countries use different methods of Internet regulation. As a result of these differences, Internet regulation …


Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner Jan 1998

Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Patenting Computer Science: Are Computer Instruction Writings Patentable?, 17 J. Marshall J. Computer & Info. L. 5 (1998), Allen B. Wagner Jan 1998

Patenting Computer Science: Are Computer Instruction Writings Patentable?, 17 J. Marshall J. Computer & Info. L. 5 (1998), Allen B. Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

This paper opposes the IBM/PTO proposal to patent (as an article of manufacture) computer instruction fixed on computer readable media (so called media or Beauregard claims). The juridical issue raised is whether patents are limited to the utilitarian embodiment of inventions (the instructed machine) or may be extended to include mere symbolic expression (the machine instruction) fixed in a tangible medium. In Part I, the author argues (a) patenting symbolic expression breaches the intellectual property premise prohibiting property interests in mere abstract ideas, by avoiding both copyright merger and patent preemption doctrines, and (b) contrary to the PTO analysis, patents …


The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala Jan 1998

The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala

UIC John Marshall Journal of Information Technology & Privacy Law

The author approaches the problem of software patents from the perspective of copyright, where the debate over the appropriate scope of protection for computer programs continues to rage. This debate has largely followed the copyright tradition of considering copyright as a stand-alone statute, capable of resolving all of its problems with very little reference to other legal regimes and, in particular, with very little reference to patent law. It appears to the author that patent law has also gone about its business relating to software, from Benson to Beauregard, as if patent law were essentially the only relevant player. The …


A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos Jan 1998

A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos

UIC John Marshall Journal of Information Technology & Privacy Law

If you thought "Beauregard" claims were a slippery slope to an uncertain end, you were right! The new frontier after In re Beauregard is the "propagated signal" claim -- a claim directed to a manufactured transient phenomenon, such as an electrical, optical, or acoustical signal, that could further revolutionize the way communications and software companies protect their intellectual property. It can make procuring patents less expensive and result in more extensive coverage, while challenging the limits of conventional wisdom. This new claim type will be viewed by some as a threat, and by others, as yet another step in the …


Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta Jan 1998

Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta

UIC John Marshall Journal of Information Technology & Privacy Law

The last five years have witnessed a dramatic shift in the approach taken by the Court of Appeals for the Federal Circuit ("CAFC") and, under the CAFC's stern if somewhat incomplete guidance, the United States Patent and Trademark Office ("PTO") to the seemingly intractable problem of determining whether software inventions qualify as patentable subject matter under the United States patent laws. Beginning with a series of CAFC decisions in 1994 and culminating with the PTO's issuance of its Final Examination Guidelines for Computer-Related Inventions (the "Guidelines") in 1996, the paradigm shifted from a "mathematical algorithm" based analytic structure to an …


Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas Jan 1998

Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas

UIC John Marshall Journal of Information Technology & Privacy Law

Courts have long recognized and policed attempts to contract around the patent code. Settled law establishes that the proprietor of a patent which enjoys market power cannot extend that patent beyond its statutory term or restrain competition in an unpatented product via contract. Yet today a far more subtle and fundamental mechanism for drafting around the statute has materialized: the humble patent instrument itself. Patent drafters have only partially realized the remarkable set of tools they now possess for expanding the scope of patent-eligible subject matter, augmenting the market power of issued patents, and avoiding core precepts of the patent …


Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy Jan 1998

Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy

UIC John Marshall Journal of Information Technology & Privacy Law

The statutory subject matter provision of the United States patent code is one of that law's murkiest provisions. It has been the subject of repeated cases before the United States Supreme Court. Despite this, confusion and disagreement among the lower courts remains substantial. Much of the literature agrees that the law is in disarray. This paper isolates and treats one such problem: that of dealing with so-called "hybrid" inventions. Hybrid inventions are those that consist of both statutory and non-statutory elements grouped together. As such, their basic nature presents a classification problem. Hybrid inventions are mongrels, neither purely statutory nor …


Examination Guidelines For Computer-Related Inventions, 17 J. Marshall J. Computer & Info. L. 311 (1998), The United States Patent And Trademark Office Jan 1998

Examination Guidelines For Computer-Related Inventions, 17 J. Marshall J. Computer & Info. L. 311 (1998), The United States Patent And Trademark Office

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998), Jeffrey S. Draeger Jan 1998

Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998), Jeffrey S. Draeger

UIC John Marshall Journal of Information Technology & Privacy Law

Computer hardware, software, and networking equipment together have fueled the onset of the Information Age, an age where a seemingly endless stream of ones and zeroes often is an extremely valuable commodity. Undeniably, computer software has been a crucial building block in this Information Age. However, intellectual property law has been slow to embrace software inventions as patentable subject matter on par with computer hardware and networking equipment. This Comment concludes that claims for computer instruction embodied in a computer readable medium do constitute statutory subject matter. As proper statutory subject matter, such claims should be evaluated "as a whole," …


An Attempt To Rationalize Floppy Disc Claims, 17 J. Marshall J. Computer & Info. L. 183 (1998), Richard H. Stern Jan 1998

An Attempt To Rationalize Floppy Disc Claims, 17 J. Marshall J. Computer & Info. L. 183 (1998), Richard H. Stern

UIC John Marshall Journal of Information Technology & Privacy Law

It is now more than four years since the Federal Circuit's en banc decision in In re Alappat. It is now at least two years since the intertwined events of the Federal Circuit's curious decisions to remand in In re Beauregard and In re Trovato, and the publication by the Patent and Trademark Office (PTO) of its Guidelines on the examination of software-related patent applications. Despite that passage of time, the clarity of the legal status of software-related patents, and particularly those written in article of manufacture format (so-called floppy disk patents), has not improved. Nonetheless, use of such claims …


Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo Jan 1998

Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo

UIC Law Review

No abstract provided.


The Impact Of Technology On The Notary Process, 31 J. Marshall L. Rev. 911 (1998), Glen-Peter Ahlers Sr. Jan 1998

The Impact Of Technology On The Notary Process, 31 J. Marshall L. Rev. 911 (1998), Glen-Peter Ahlers Sr.

UIC Law Review

No abstract provided.


Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith Jan 1998

Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith

UIC Law Review

No abstract provided.


Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill Jan 1998

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Privacy Online, Nick Allard Jan 1998

Privacy Online, Nick Allard

Faculty Scholarship

No abstract provided.


Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky Jan 1998

Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky

Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …


Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross Jan 1998

Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla Jan 1998

Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla

Law Faculty Publications

Imagine that we set out to classify news organizations as falling into one of two Platonic "idealized forms," the "serious" journalists on the one hand, and the "tabloid" journalists on the other. In the pursuit of this happy exercise we might attempt to list the attributes that we tend to associate with each of these idealized forms. ...


The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller Jan 1998

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

Publications

No abstract provided.