Fostering Web 2.0 Innovation: The Role Of The Judicial Interpretation Of The Dmca Safe Harbor, Secondary Liability And Fair Use, 12 J. Marshall Rev. Intell. Prop. L. 70 (2012),
2012
UIC School of Law
Fostering Web 2.0 Innovation: The Role Of The Judicial Interpretation Of The Dmca Safe Harbor, Secondary Liability And Fair Use, 12 J. Marshall Rev. Intell. Prop. L. 70 (2012), Susanna Monseau
UIC Review of Intellectual Property Law
Web 2.0 has generated a surplus of creativity, encouraging innovation of new technologies and further creative expansion of the internet. Social media platforms have demonstrated a significant growth during this time and have been used to create and disseminate a wealth of information and cultural material. While it is important that copyright owners receive legal protection of the content they create, it is necessary not to simultaneously stifle the creativity of end-users. Copyright owners have more power in bargaining for their rights, and their rights are well established through statutory protections. However, internet innovators and end-users, who may have a …
Barricading The Information Superhighway To Stop The Flow Of Traffic: Why International Regulation Of The Internet Is Necessary To Prevent Sex Trafficking,
2012
American University Washington College of Law
Barricading The Information Superhighway To Stop The Flow Of Traffic: Why International Regulation Of The Internet Is Necessary To Prevent Sex Trafficking, Kendall Vitale
American University International Law Review
No abstract provided.
Chain-Link Confidentiality,
2012
Cumberland School of Law Samford University
Chain-Link Confidentiality, Woodrow Hartzog
Georgia Law Review
Disclosing personal information online often feels like
losing control over one's data forever; but it does not have
to be that way. This Essay proposes a "chain-link
confidentiality" approach to protecting online privacy.
One of the most difficult challenges to guarding privacy in
the digital age is the protection of information once it is
exposed to other people. A chain-link confidentiality
regime would link the disclosure of personal information
to obligations to protect that information as the
information moves downstream. It would focus on the
relationships not only between the discloser of information
and the initial recipient but also between …
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012),
2012
UIC School of Law
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
UIC Law Review
No abstract provided.
Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012),
2012
UIC School of Law
Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012), Matthew Martin
UIC Law Review
No abstract provided.
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012),
2012
UIC School of Law
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
UIC Law Review
No abstract provided.
Property As Control: The Case Of Information,
2012
Temple University Beasley School of Law
Property As Control: The Case Of Information, Jane B. Baron
Michigan Telecommunications & Technology Law Review
If heath policy makers' wishes come true, by the end of the current decade the paper charts in which most of our medical information is currently recorded will be replaced by networked electronic health records ("EHRs").[...] Like all computerized records, networked EHRs are difficult to secure, and the information in EHRs is both particularly sensitive and particularly valuable for commercial purposes. Sadly, the existing federal statute meant to address this problem, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), is probably inadequate to the task.[...] Health law, privacy, and intellectual property scholars have all suggested that the river …
Comparing Android Applications To Find Copying,
2012
Virtual System Platform Cadence Design Systems
Comparing Android Applications To Find Copying, Larry Melling, Bob Zeidman
Journal of Digital Forensics, Security and Law
The Android smartphone operating system includes a Java virtual machine that enables rapid development and deployment of a wide variety of applications. The open nature of the platform means that reverse engineering of applications is relatively easy, and many developers are concerned as applications similar to their own show up in the Android marketplace and want to know if these applications are pirated. Fortunately, the same characteristics that make an Android application easy to reverse engineer and copy also provide opportunities for Android developers to compare downloaded applications to their own. This paper describes the process for comparing a developer’s …
Forensic Evidence Identification And Modeling For Attacks Against A Simulated Online Business Information System,
2012
Purdue University
Forensic Evidence Identification And Modeling For Attacks Against A Simulated Online Business Information System, Manghui Tu, Dianxiang Xu, Eugene Butler, Amanda Schwartz
Journal of Digital Forensics, Security and Law
Forensic readiness of business information systems can support future forensics investigation or auditing on external/internal attacks, internal sabotage and espionage, and business fraud. To establish forensics readiness, it is essential for an organization to identify which fingerprints are relevant and where they can be located, to determine whether they are logged in a forensically sound way and whether all the needed fingerprints are available to reconstruct the events successfully. Also, a fingerprint identification and locating mechanism should be provided to guide potential forensics investigation in the future. Furthermore, mechanisms should be established to automate the security incident tracking and reconstruction …
To License Or Not To License Updated: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners,
2012
Roger Williams University
To License Or Not To License Updated: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea
Journal of Digital Forensics, Security and Law
In this update to the 2009 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners, but do see a trend of more states making some distinction. The authors contacted all state regulatory agencies where statutory language was not explicit, and as a result, set forth the various state approaches to professional Digital Examiner licensing. As was the case in the previous two iterations of this research, the …
Dns In Computer Forensics,
2012
University of Westminster
Dns In Computer Forensics, Neil F. Wright
Journal of Digital Forensics, Security and Law
The Domain Name Service (DNS) is a critical core component of the global Internet and integral to the majority of corporate intranets. It provides resolution services between the human-readable name-based system addresses and the machine operable Internet Protocol (IP) based addresses required for creating network level connections. Whilst structured as a globally dispersed resilient tree data structure, from the Global and Country Code Top Level Domains (gTLD/ccTLD) down to the individual site and system leaf nodes, it is highly resilient although vulnerable to various attacks, exploits and systematic failures.
A Risk Not Worth The Reward: The Stored Communications Act And Employers’ Collection Of Employees’ And Job Applicants’ Social Networking Passwords,
2012
American University Washington College of Law
A Risk Not Worth The Reward: The Stored Communications Act And Employers’ Collection Of Employees’ And Job Applicants’ Social Networking Passwords, Nicholas D. Beadle
American University Business Law Review
No abstract provided.
The Same Song And Dance: F.B.T. Productions, Llc V. Aftermath Records And The Role Of Licenses In The Digital Age Of Copyright Law,
2012
Villanova University Charles Widger School of Law
The Same Song And Dance: F.B.T. Productions, Llc V. Aftermath Records And The Role Of Licenses In The Digital Age Of Copyright Law, John P. Uetz
Villanova Law Review (1956 - )
No abstract provided.
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012),
2012
UIC John Marshall Law School
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
UIC Law Open Access Faculty Scholarship
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
Exploring Apple’S Ipad Trademark Blunder: Chinese Trademark Approval Procedure Is A Trademark Protection Safeguard Or Another National Protectionism?, 11 J. Marshall Rev. Intell. Prop. L. 777 (2012),
2012
UIC School of Law
Exploring Apple’S Ipad Trademark Blunder: Chinese Trademark Approval Procedure Is A Trademark Protection Safeguard Or Another National Protectionism?, 11 J. Marshall Rev. Intell. Prop. L. 777 (2012), Arthur Tan-Chi Yuan
UIC Review of Intellectual Property Law
It is well-reported that Apple’s iPad® product embodies technological advances that are protected by U.S. and foreign patents. One would also assume that it is protected by trademarks in various jurisdictions, including China. However, to this day, Apple struggles to prefect its iPad trademark rights in China, the second largest economy in the world. While the Chinese trademark registration approval process is different from that in the U.S. practice, such approval step is essential to every international corporation doing business in China. This article explains where Apple may have overlooked this step in the overall trademark registration process in China …
Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012),
2012
UIC School of Law
Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney
UIC Review of Intellectual Property Law
Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012),
2012
UIC School of Law
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath
UIC Review of Intellectual Property Law
More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …
China's Current Intellectual Property Plan, Policies & Practices,
2012
Southern Methodist University
China's Current Intellectual Property Plan, Policies & Practices, Hope Shimabuku, Mark Cohen
SMU Science and Technology Law Review
No abstract provided.
Chinese Intellectual Property Judges Panel,
2012
Southern Methodist University
Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu
SMU Science and Technology Law Review
No abstract provided.
China's Global Business Perspectives And Intellectual Property,
2012
Southern Methodist University
China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen
SMU Science and Technology Law Review
No abstract provided.
