| Cite as: J. High Tech. L. |
| Eric Allen Engle |
| Through focusing on RICO's possible extraterritorial implications, Engle urges that computer programs can be utilized for embryonic and well-developed areas of law in attempting to estimate a case's outcome. Through analogizing to other laws, namely an amalgam of the of the Alien Tort Claims Act (ATCA), the Torture Victim Prevention Act (TVPA), securities laws and antitrust laws, Engle advocates extraterritorial effect for RICO. After examining jurisdiction, standing and the substantive properties of RICO, Engle gives a short introduction to an accompanying computer program that attempts to determine a defendant's liability under RICO. |
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| Dennis Fernandez & Mircea Achiriloaie Fernandez & Associates, LLP |
| The article begins by highlighting the difficulty in obtaining patents for DNA and biological sequences because of the USPTO's specificity and utility requirements and explains the dangers of narrowness in patents. Persons seeking to exploit someone else's development might simply engineer around the narrow bounds of the patent claim. The authors then urge that bioinformatics and biotech fields self-impose a licensing system and vigorously pursue patent claims to protect their developments. |
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| Ann Margaret Eames |
| Eames' article beings with an historical look at the right of publicity and the development of the law surrounding the right to control one's own image. The article then discusses the seemingly different outcomes two recent cases in which women sued the producers of Girls Gone Wild under right of publicity claims. Eames explains the required elements of a right of publicity claim and possible defenses including consent and the First Amendment. Relevant recent cases and emerging law are discussed to predict a more narrow application of the right of publicity. |
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| Justin F. Kollar |
| Kollar begins with a historical look at cases and legislation regarding the Fourth Amendment and the extent surveillance has been allowed, justified by protection of the country. He proposes that the USA Patriot Act goes beyond constitutional limits in some regards and discusses the modern ramifications of surveillance in the context of twenty-first century technology, such as the internet and mobile phones. The USAPA extends the power of law enforcement officers and the executive branch, diminishes procedural requirements and employs loose definitions so that the reach of the Act is extremely broad. |
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| Benjamin C. Elacqua |
| Elacqua evaluates the Hague Convention as it relates to B2B (business to business) contracts and identifies and suggests remediation for what he perceives to be the shortcomings of the convention. While the Hague convention is not specific to B2B or the internet, it addresses e-commerce and creates issues of jurisdiction and enforcement of judgment. The Convention potentially encourages forum shopping, threatens citizens of countries who have not joined the Convention, and threatens the First Amendment's guarantee of free speech. Elacqua presents several approaches to jurisdiction and a report of the tasks of the Hague 's special working group. The article ends with suggested modifications of the Convention for the benefit of illuminating issues surrounding B2B contracts. |
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| Glenn M. Schley |
| Schley introduces his analysis of the DMCA through first exploring the first amendment and copyright law, including fair use and compelling interest in speech. The article turns to the DMCA and more specifically its prohibition of circumvention of technology intended for copyright protection and possession of tools to enable such circumvention. Much of the author's hypothesis and discussion of the state of the law is elucidated by reference to recent case law regarding DVD anti-piracy measures. Finally, Schley examines the constitutionality of the DMCA on the basis of the First Amendment and the regulation of speech with regard to computer programming and code. |
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| Douglas L Price |
| The article begins with a chronological approach to a survey on patent law and reminds that historically, business methods were not patentable. However, State Street v. Signature Financial , well documented and commented on in the article, modified the rule so that business methods are now patentable if they meet all criteria for patent such as utility and non-obviousness. A survey of relevant cases since State Street shows the very first implications of the changes in law. Price also highlights other ramifications of the change in law, such as a patent flood and increased litigation and urges that corporations should take care to avail themselves of the legal change. |
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| Eleanore R. Godfrey |
| In her article, Godfrey explores the Uniform Trade Secrets Act (UTSA) by examining both statutory language and statutory interpretation through relevant case law. The article beings with a succinct preliminary summary on trade secret law and a short list of en pointe cases. Godfrey then explores the dichotomy in trade secret law between protecting the secrets of employers and promoting the public policy which supports employee mobility. The article concludes with a discussion on the unsettled nature of copyright law, explaining that because of lack of definition and scope, the jurisdictions vary widely in their applications of trade secret law. |
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