Science and Technology Law Commons^™

The Digital Divide In The New Millennium, Allen S. Hammond

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale

Faculty Scholarship

No abstract provided.

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Faculty Publications

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Some people have argued that the uniform dispute resolution process used by ICANN to resolve domain name disputes would be a good model for internet disputes generally. This article argues the opposite: the UDRP teaches sobering lessons about the consequences of privatized dispute resolution processes. The lessons include: the questionable legitimacy of privately-adopted substantive standards; the danger of unprincipled choice of law decisions to fill in the gaps in that private law; unreconciled splits among arbitrators as to the meaning of the standards; and a tendency to expand beyond the narrow jurisdictional limits of the policy. The UDRP also demonstrates …

Introduction, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Innovating Copyright, Lawrence Lessig

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Law And Information Platforms, Philip J. Weiser

Publications

No abstract provided.

The Uniform Domain Name Dispute Resolution Policy: A Practical Guide, Bradley J. Freedman, Robert J.C. Deane

Canadian Journal of Law and Technology

Disputes involving alleged bad faith registration and use of certain Internet domain names may be arbitrated pursuant to the Uniform Domain Name Dispute Resolution Policy (the Policy) mandated by the Internet Corporation for Assigned Names and Numbers ("ICANN").

The Policy is the first attempt to establish a global set of substantive rules regarding certain kinds of Internet-related trademark disputes, and a single, international system for the arbitration of those disputes. In many respects, the Policy has fulfilled its objective of providing an efficient and cost effective means of resolving certain domain name disputes. In other respects, however, the experience with …

Who Was That Masked Man? Online Defamation, Freedom Of Expression, And The Right To Speak Anonymously, Jonathon T. Feasby

Canadian Journal of Law and Technology

As the internet continues to reach into the lives of people around the world, it facilitates interaction and the exchange of ideas between far-flung individuals and groups to an extent unprecedented in communications history. However, with this positive effect, the potential of the internet as a forum for defamation and other malfeasance has increased as well. Words online can be heard or read in places conventional forms of speech might never reach. As the United States Supreme Court put it, with the aid of the internet ". . . any person with a phone line can become a town crier …

Book Review: A Guide To Electronic Legal Research By A. Zivanovic (Markham Ont.: Butterworths Canada, 2001), David H. Michels

Canadian Journal of Law and Technology

No abstract provided.

Book Review: The Personal Information Protection And Electronic Documents Act: An Annotated Guide By Stephanie Perrin, Heather H. Black, David H. Flaherty And T. Murray Rankin, Q.C. (Concord, Ont.: Irwin Law, 2001), Teresa Scassa

Canadian Journal of Law and Technology

In April 2000, the Personal Information Protection and Electronic Documents Act was passed by the House of Commons. The legislation dealt with both personal information privacy and the use and validity of electronic documents in areas governed by federal law. On January 1, 2001, the portion of the Act dealing with electronic documents took effect, as did the privacy provisions, to the extent that they related to the collection use or disclosure of personal information inter-provincially, or in connection with a federal work, undertaking or business. The Act applied to personal health information as of January 1, 2002, and will …

Is Internet Gaming Legal In Canada: A Look At Starnet, C. Ian Kyer, Danielle Hough

Canadian Journal of Law and Technology

The development of the Internet has kindled many new business opportunities in the online environment. Despite the recent slump in online business growth and popularity, one line of online business is generating profit and growing at a rapid rate: the business of online gaming.

The legality of such businesses is questionable in Canada and there are few gaming cases to assist Canadian lawyers. The following analysis must be considered in light of the dearth of jurisprudence in this area and should not be considered legal advice. This area of the law is in flux and developments may be unpredictable.

When …

Suing The Insecure?: A Duty Of Care In Cyberspace, Stephen E. Henderson, Matthew Yarbrough

Faculty Articles

The Internet, already of major significance throughout much of the globe, is expected to become increasingly pervasive in diverse arenas, from health care, to commerce, to entertainment, and is expected to become increasingly critical to essential infrastructures, including banking, power, and telecommunications. Yet the medium is both inherently and unnecessarily insecure. In particular, today’s Internet can be crippled by distributed denial-of-service attacks launched by relatively unsophisticated and judgment-proof parties. Not every computing system involved in such attacks, however, is necessarily without resources. Application of traditional negligence liability, coupled with other government incentives and support institutions, will encourage better security and …

Inventions, Industry Standards, And Intellectual Property, Mark R. Patterson

Faculty Scholarship

When an industry standard incorporates a patented invention, the demand for products that comply with the standard has two components. Some of the demand may be for the inherent technical advantages of the invention; the patentee is generally entitled to revenues attributable to this demand. But some of the demand is for the benefits of standardization, such as interoperability, and the patentee is not entitled to revenues attributable to this demand. From this point, the article draws two conclusions. First, the amounts to which a patentee is entitled, either in litigation or in licensing negotiations, should be calculated by determining …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Fast, Cheap, And Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg

Computer Law Review and Technology Journal

The Internet is constantly expanding, both as a means of communication and as a means of commerce. As its contacts among people and businesses expand, more and more disputes will arise and will need resolution. These disputes will evolve both from business-to-consumer transactions and from business-to-business transactions. Some of the claims will include breach of contract, breach of warranty, and even fraud. Others will concern intellectualproperty rights such as trademarks, copyrights, and patents. Still others will involve competition law, raising issues of antitrust, trade disparagement, and other claims of unfair competition. Alleging defamation, invasion of privacy and emotional distress, some …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Digital Millennium Copyright Act: Can It Take Down Internet Infringers?, David L. Clark

Computer Law Review and Technology Journal

In response to the growing digital age, Congress enacted the Digital Millennium Copyright Act ("DMCA") on October 28, 1998. Unlike traditional copyright statutes, the DMCA does not address the act of infringement but instead focuses on the technology that makes infringement easier. Copyright holders have begun to develop encryption technology to prevent unauthorized use of their works, and the DMCA assists those efforts by prohibiting any person from circumventing those security provisions or selling decryption devices. The DMCA also encourages Internet Service Providers ("ISPs") to disable websites that are accused of copyright infringement; it protects the ISPs with a safe …

The Protection Of Intellectual-Property Rights In A Federalist Era, Steve Malin

Computer Law Review and Technology Journal

The framers of the Constitution envisioned a nation comprising several separate and independent sovereign states. Under a system of dual sovereignty, the states gave up certain enumerated powers delegated to the federal government. Among those powers was the authority to enact laws designed to protect patent and copyright owners and to encourage invention and original authorship.

Also in the framers' minds - recent caselaw tells us - was the belief that the states retained immunity from suits brought by individuals. Despite this fact, the federal intellectual-property system has historically placed sovereign states on equal footing with individuals as to both …

Cyberpiracy - The U.S. Legislative Response, John M. Cone

Computer Law Review and Technology Journal

During the 1990s, Americans embraced a new personal and commercial communication medium - the Internet. When the World Wide Web and millions of websites were introduced in the early 1990s, the Internet changed from an obscure tool for exchanging military and scientific information to a ubiquitous communication technology. During this period, some people sought to capitalize on the Internet's increasing commercial potential by reserving Internet use of famous corporate names and then selling the reserved names back to the companies for hefty profits. Lawsuits concerning this practice - dubbed "cybersquatting" or "cyberpiracy" - produced inconsistent results. By the end of …

Widgets To Windows: The "Webolution" Of Commercial Sales, Joseph A. Zavaletta, Edward B. Hymson

Computer Law Review and Technology Journal

Five years ago, a new "nation" developed unlike any other in history - it has no government, no political borders, no buildings, no army, no citizens, no elections, and no leader. But by all accounts, this nation has the most dynamic economic engine in history. Based on recent studies by the Center for Research in Electronic Commerce at the University of Texas at Austin ("CREC"), if this nation were ranked by gross domestic product, its 2000 revenues of $830 billion would give it the twelfth largest gross domestic product in the world, ahead of Canada and behind Mexico. With an …

An Ip Conundrum: Can Patent Policy And Trade Dress Law Be Reconciled?, Michael Scott Fuller

Computer Law Review and Technology Journal

Patent protection in the United States has traditionally been a compromise between the competing interests of Congress and the inventor. While Congress seeks disclosure of technology in order to benefit the common good, inventors want protection of their proprietary inventions, otherwise known as their "intellectual property." Patent law provides a bargained-for exchange, giving the invention protection for a finite period of 20 years from the date of application. Upon expiration of this congressionally sanctioned monopoly, the invention passes ipso facto into the public domain.

In the past, this mutually beneficial arrangement was the accepted means by which both Congress and …

Traditional Free-Speech Law: Does It Apply On The Internet?, A. John Harper Iii

Computer Law Review and Technology Journal

The First Amendment states that Congress "shall make no law . . . abridging the freedom of speech, or of the press." But as Oliver Wendell Holmes recognized, the First Amendment "obviously was not intended to give immunity for every possible use of language." Accordingly, the Supreme Court's free-speech jurisprudence has traditionally been one of line drawing - distinguishing protected from unprotected speech by evaluating its content in light of the medium through which it is expressed. In terms of content, there are generally three categories of speech: "(1) speech that everyone has a right to (political speech, speech about …

Telecommunications Law: Open Access To Cable Broadband Transmission: At&T Corp. V. City Of Portland, 216 F.3d 871 (9th Cir. 2000), Deborah L. Lively

Computer Law Review and Technology Journal

In AT&T Corp. v. City of Portland, the Ninth Circuit considered whether a local cable franchising authority could condition the transfer of a cable franchise upon the cable operator's grant of unrestricted access to its cable broadband transmission facilities.

In 1998, AT&T - the nation's largest long-distance telephone provider - proposed a merger with Telecommunications, Inc. ("TCI"), which was among the nation's largest cable-television operators. In the merger, AT&T received access to TCI's cable broadband transmission system as a conduit for AT&T's "@Home" Internet service. A cable broadband system provides Internet access at much faster speeds than through typical modem …

Business-Method Patents: Of Questionable Validity? - Amazon.Com, Inc. V. Barnesandnoble.Com, Inc., 239 F.3d 1343 (Fed. Cir. 2001), Chris Morton

Computer Law Review and Technology Journal

In 1998, in State Street Bank & Trust Co. v. Signature Financial Group, Inc., the Federal Circuit gave new life to the business-method patent. Critics viewed this decision as a judicially created exception to the statutory requirement ofpatentable subject matter. Uncertainty under the State Street ruling led to the issuance of a flood of widely criticized and questionable patents, including Amazon.com's one-click-purchase patent. In an attempt to enforce this patent, Amazon.com sued Barnesandnoble.com, and the trial court granted a preliminary injunction. Bamesandnoble.com appealed, claiming that the one-click-purchase patent was invalid because it failed to meet the statutory requirements of …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High-Tech Markets, Clovia Hamilton

Computer Law Review and Technology Journal

In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …

Packet Sniffers And Privacy: Why The No-Suspicion-Required Standard In The Usa Patriot Act Is Unconstitutional, Robert Berkowitz

Computer Law Review and Technology Journal

The legal standards for electronic surveillance, like the underlying technologies themselves, are constantly evolving. Originally aimed at analog telephones with landlines, the law has had to develop in order to deal with an expanding array of electronic communications, most recently the Internet. The challenge is a double one: statutes allowing surveillance must balance law enforcement's need for information with the privacy rights of the subjects of surveillance and the public at large. The USA Patriot Act, passed in the wake of the terrorist attacks on New York City and Washington, D.C., is the most recent attempt to strike this balance. …

Drafting Licenses To Guide Whether Potential Disputes Lie In Contract Or Infringement, Edwin E. Richards

Computer Law Review and Technology Journal

A contract draftsperson has many questions to consider when a client decides to license her intellectual property rights to another party. What rights should be assigned or licensed? What should the duration of the license be? What should the royalties be and when and how will they be calculated?, What law should govern? The contract draftsperson must also probe further and confront a very "murky" area when attempting to craft the agreement-he must ensure that the licensing contract will not ultimately bar the client from gaining access to federal court to raise an infringement claim. The draftsperson must anticipate the …

Hyperlinks To And From Commercial Websites, Christopher J. Volkmer

Computer Law Review and Technology Journal

E-commerce, through the use of a website, is a business reality. This is true for companies of any size, in any location, selling any kind of product or service. Doing business over the Internet is part of what all companies must do to compete; with this new form of business, however, comes new legal issues. As e-commerce develops, it is important for business owners to keep advancing their knowledge in order to manage the risks that come with new opportunities.

Hyperlinks are basic building blocks used to connect the sites of the World Wide Web, and their use has significant …