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The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa Jan 2010

The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa

Scholarly Articles in Law Reviews & Journals

This essay provides the epilogue to the University of Houston’s Institute for Intellectual Property & Information Law’s 2010 National Conference, “The ©©© Conference: Celebrating Copyright’s tri-Centennial,” in Santa Fe, New Mexico. The conference focused on the Statute of Anne, the first copyright statute ever, anywhere, enacted by the British Parliament in 1710.

Copyright law in the United States, the lineal descendant of the Statute of Anne, has managed to negotiate a course between over-protecting and under-protecting copyrighted matter, and to strike at least a rough balance between the social interest in securing capital investment, on the one hand, and encouraging …


Introduction To Essays On The Future Of Digital Communications, Fernando Laguarda Jan 2010

Introduction To Essays On The Future Of Digital Communications, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The Time Warner Cable Research Program on Digital Communications is pleased to have supported the five essays in this Federal Communications Law Journal symposium. We launched the research program with the goal of encouraging debate and discussion on ideas of importance to the future of our industry and its role in the communities we serve. We hope to do so by providing a new forum for scholars to engage with the community of stakeholders who make and influence policy. We want to encourage increased dialogue and generate new ideas that bring us closer to solving the challenges we face. …


Alternative Software Protection In View Of In Re Bilski, Charles Duan, Lauren Katzenellenbogen, James Skelley Jul 2009

Alternative Software Protection In View Of In Re Bilski, Charles Duan, Lauren Katzenellenbogen, James Skelley

Scholarly Articles in Law Reviews & Journals

The United States Court of Appeals for the Federal Circuit's (CAFC) en banc decision, In re Bilski, redefined the standard for patenting processes including business methods and computer software. In Bilski, the Federal Circuit departed from the "useful, concrete, and tangible result" test it had established in State Street Bank & Trust Co. v. SignatureFinancialGroup,Inc., which had been the standard for the past ten years. The Federal Circuit returned to a test articulated nearly 40 years ago by the Supreme Court in Gottschalk v. Benson, and clarified that State Street was "never intended to supplant the Supreme Court's test.", Under …


The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache Jan 2008

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache

Scholarly Articles in Law Reviews & Journals

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …


Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda Jan 2004

Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …


Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker Jan 2003

Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel Jan 2000

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn Jan 1995

A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross Jan 1993

Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.