|
 |
PUBLICATIONS
| Cite as: J. High Tech. L. |
| Stephen E. Blythe, Ph.D., J.D., LL.M., School of I.T. Business, Information and Communications University, Daejeon, Republic of South Korea |
| Blythe's study examines the Voice-Over-Internet-Protocol (“VoIP”) technology which allows users to make telephone calls over the Internet. Blythe describes the unique and innovative features of VoIP, as well as the major issues surrounding U.S VoIP law regulation. He also compares U.S. VoIP law to the current regulations regimes of both the E.U. and U.K. Finally, Blythe discusses how VoIP has maintained an unregulated status in order to foster its growth and contemplates the future development of VoIP law and policy in the U.S, E.U. and U.K. |
|
| Marie Stefanini Newman, Director of the Law Library and Associate Professor of Law, Pace University School of Law |
| In an era of computer literacy and the ability to access online information in most law schools, Newman discusses the use of the internet to enhance and extend education. Newman outlines how today's law students learn through technology, and also theories of personality types and learning styles. She also examines course Web sites and how they can support the traditional law school classroom and experience. Finally, she discusses how her law school implemented TWEN (The West Education Network) course Web pages and the results of a survey of TWEN usage by faculty members at Pace University School of Law. |
|
| Wayne Carroll |
| Carroll examines the copyright dispute between artists, their fans and the mechanisms both sides have developed to both protect their interests. He gives an overview of secondary copyright liability, discussing contributory and vicarious infringement. Carroll then discusses Peer-to-Peer (P2P) technology, along with cases addressing this technology. He also examines Freenet and the legal implications involved for those who develop and those who use Freenet, suggesting that the users of Freenet, but not the developers, may be liable for secondary copyright infringement. |
|
| Jared Chrislip |
| Chrislip examines how courts, lawmakers and commentators have had to approach the legal issues surrounding the innovative and wholly unique structure of the Internet. He reviews free speech concerns and Congress' interest in protecting minors from harmful Internet content, and then summarizes the history of Congress' efforts to regulate online pornography. The paper then describes current Internet filtering technology and compares CIPA (Children's Internet Protection Act) to the CAA (Clean Air Act). Borrowing from environmental principles such as the “best available technology” standard, he suggests an approach to interpreting CIPA that resolves the law's technologically problematic positions. |
|
| Kristin Connarn |
| In light of the Patent Act's requirement that a claimed invention be “nonobvious,” Connarn examines whether special standards for evaluating the nonobviousness of biotech patents are necessary for individual technologies in light of recent patent case law. She provides an overview of biotechnology to help the reader understand how patents exploit the technology. She then examines the history of the nonobviousness requirement for patents, focusing on developments within the last decade. Finally, the issue of patenting DNA inventions and the obviousness requirement are analyzed together. Connarn concludes that creating special standards for specific types of technology is neither reasonable nor necessary in patent law. |
|
| Rachel S. Leeds |
| Leeds examines the threats posed to the film industry as a consequence of evolving digital technology in light of case law that has shielded peer-to-peer networks from copyright infringement liability for facilitating online music downloads. She surveys the law applicable to actions for online infringement of motion picture copyrights and analyzes how such cases may be resolved in accordance with relevant acts and case law precedents. The author concludes that the motion picture industry is likely to suffer the same harm and losses as the music industry due to the current state of the law. |
|
| Christine McCarroll |
| McCarroll's paper explores the actions of commercial entities to infringe upon the content of copyrighted films in efforts to provide family-friendly viewing of movies with suggestive content. She examines the content-editing case Huntsman v.Soderbergh , which presents a fundamental question concerning the degree of control copyright owners have over how consumers may enjoy their protected works. She also notes that the case highlights the need to balance the interests and rights of creators on the one hand, and the rights of society to use technology to enhance their viewing experience of copyrighted films on the other hand. McCarroll also notes that while companies that physically and permanently edit out content are most likely copyright infringers, others that provide software to merely filter out the content while leaving the film in its original form present a more difficult issue. |
|
| Rebecca Murray |
| Murray explores the issue of voter participation its necessity to maintain the legitimacy and the integrity of the democratic process. She examines the Web site www.Voteauction.net (“Vote-auction”) and how it uses the Internet as a new vehicle with which to give the power back to the voters. Murray explains the difficulties of federal and state regulation of the Internet for a variety of reasons including: jurisdictional issues, difficulty in applying existing statutes to cyberspace, as well as anonymity of website creators. She asserts that despite these complexities, legislators need to take action to address the novel ways crimes can be committed over the Internet in order to prevent its use for illegal activity, such as the purchase and sale of votes by Vote-auction, which is illegal and may harm free and equal elections, an indispensable part of the political process. |
|
| Slone Pearson |
| Pearson's article examines the effectiveness of the requirements of importing and exporting member countries under the Paragraph 6 Decision of the TRIPS agreement and the “Best Practices” guidelines suggested by the World Trade Organization (WTO) in order to prevent diversion of pharmaceuticals. Additionally, Pearson discusses remedies available to patent holders that are victims of diversion under United States and International law. Finally, the article proposes other programs and mechanisms available to government entities and private pharmaceutical companies that would ensure shipments make it to the intended recipients. |
|
| Kenneth J. Rodriguez |
| Rodriguez explores the threat that The SCO Group's (SCO) attack in the SCO v. IBM case (between a software company which is suing IBM), poses to the Open Source community and to many U.S. businesses, including some Fortune 500 companies, addressing the status and legal implications of the Free Software Foundation's GNU General Public License, under which Linux and other Open Source software is distributed. Rodriguez also presents the history of Open Source software, Linux, and the various models of Open Source software licensing. He explores SCO's attack against Linux and the related litigation concerning SCO. The paper also analyzes the General Public License and argues that courts should recognize it as a valid license that creates binding legal obligations on those who accept its terms. Finally, Rodriguez suggests that Congress should become involved and pass legislation to protect the Open Source movement, which in turn would help both consumers and many U.S. businesses. |
|
 |
|
