Author Archives: dukelawtechreview

Completing the Connection: Achieving Universal Service Through Municipal Wi-Fi

By: K. Joon Oh The federal universal service scheme is designed to ensure that everyone has affordable access to advanced telecommunications and information services. Despite the development of cost-effective technologies that drastically reduce the cost of telephone services vis-à-vis the … Continue reading

Posted in Media & Communications

Attack of the Clones: Legislative Approaches to Human Cloning in the United States

By: Adrienne N. Cash The legal concerns involving the application of cloning technology to humans should be of utmost concern, as the area is extremely complex. Cloning could potentially have great benefits or disastrous effects. Lawmakers have been careful to … Continue reading

Posted in Health & Biotechnology

Coddling Spies: Why the Law Doesn’t Adequately Address Computer Spyware

By: Alan F. Blakley, Daniel B. Garrie & Matthew J. Armstrong Consumers and businesses have attempted to use the common law of torts as well as federal statutes like the Computer Fraud and Abuse Act, the Stored Wire and Electronic … Continue reading

Posted in eCommerce

Buggy Whips and Broadcast Flags: The Need for a New Politics of Expression

By: Garrett Levin In response to growing fears from the entertainment industry over online file-sharing of valuable content, the Federal Communications Commission (“FCC”) enacted sweeping regulations over the production of electronic devices in the name of protecting digital television broadcasts. … Continue reading

Posted in Media & Communications

When the Public Does Not Have a Right to Know: How the California Public Records Act Is Deterring Bioscience Research and Development

By: Nader Mousavi & Matthew J. Kleiman Many bioscience firms collaborate with public research universities to conduct innovative research through sponsored research agreements. Companies sponsoring this research usually require strict confidentiality from their academic partners in order to protect sensitive … Continue reading

Posted in Health & Biotechnology

Unfinished Business: Are Today’s P2P Networks Liable for Copyright Infringement?

By: Christine Pope In June 2005, the U.S. Supreme Court issued the decision in Metro-Goldwyn-Mayer Studios v. Grokster Ltd., a case that asked whether peer-to-peer networks may be held liable for facilitating the illegal distribution of music over the internet. … Continue reading

Posted in Copyrights & Trademarks

Keyword-Linked Advertising, Trademark Infringement, and Google’s Contributory Liability

By: Benjamin Aitken A number of trademark holders have recently challenged the policies of Google and other Internet search engines that allow the trademark owner’s competitors to purchase advertising space linked specifically to the owner’s trademarks when entered as search … Continue reading

Posted in Copyrights & Trademarks

When Big Brother Privatizes: Commercial Surveillance, the Privacy Act of 1974, and the Future of RFID

By: John M. Eden RFID is a powerful new technology that has the potential to allow commercial retailers to undermine individual control over private information. Despite the potential of RFID to undermine personal control over such information, the federal government … Continue reading

Posted in eCommerce

Better to Give Than to Receive: Evaluating Recent IP Donation Tax Policy Changes

By: Don Macbean Over the past decade, charitable contributions of intellectual property have grown rapidly. This growth has coincided with tremendous abuse as firms have sought inflated valuations of donated intellectual property in order to claim larger tax deductions. In … Continue reading

Posted in Patents & Technology

China’s WAPI Policy: Security Measure or Trade Protectionism?

By: Zia K. Cromer In December of 2003, the Chinese government announced that all WLAN equipment sold in China must conform to a propriety standard called WAPI, rather than the internationally accepted Wi-Fi standard. Moreover, for foreign firms to gain … Continue reading

Posted in International

From Deepsouth to the Great White North: The Extraterritorial Reach of United States Patent Law After Research in Motion

By: Daniel P. Homiller In the Internet age, complex telecommunications systems are often deployed with little regard for international borders. In NTP, Inc. v. Research in Motion, Ltd., the Federal Circuit determined that one such system infringed several U.S. patents, … Continue reading

Posted in Patents & Technology

New Jersey’s Adult Internet Luring Statute: An Appropriate Next Step?

By: John W. Lomas Jr. New Jersey recently enacted legislation prohibiting the use of the Internet to lure or entice someone to a location with the purpose of committing a crime with or against that person or some other person. … Continue reading

Posted in CyberCrime

The SPS Agreement: Can It Regulate Trade in Nanotechnology?

By: James D. Thayer Recent studies have shown that nanoparticles, which are approximately 1 to 100 billionths of a meter in size, present unique health and environmental risks. Nevertheless, products enhanced by nanoparticles, such as sunscreen, golf balls, and hard … Continue reading

Posted in International

Stop the Abuse of Gmail!

By: Grant Yang Gmail, a highly anticipated webmail application made by Google, has been criticized by privacy advocates for breaching wiretapping laws, even before its release from beta testing. Gmail’s large storage space and automated processes developed to scan the … Continue reading

Posted in eCommerce

Regulating Indecency: The Federal Communication Commission’s Threat to the First Amendment

By: Reed Hundt This paper is adapted from a talk given by the author at Duke University School of Law on April 6, 2005. The author argues that the Federal Communication Commission’s recent crackdown on television indecency poses a significant … Continue reading

Posted in Media & Communications

A New Paradigm for Intellectual Property Rights in Software

By: Mark H. Webbink A Winter 2004 article by Bradford L. Smith and Susan O. Mann of Microsoft published in The University of Chicago Law Review suggests that the development and growth of the software industry in the U.S. is … Continue reading

Posted in Patents & Technology

The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?

By: Robert Bray This paper has been adapted from a presentation given by the author at Duke University School of Law’s “Hot Topics in Intellectual Property Law Symposium” on April 1, 2005. It first presents an overview of the EU … Continue reading

Posted in International

Google Library: Beyond Fair Use?

By: Elisabeth Hanratty Last December Google announced the formation of partnerships with select major libraries to begin digitizing and storing the libraries’ collections online. Google aims to provide individuals with the ability to search the full text of these books … Continue reading

Posted in Copyrights & Trademarks

Troll or No Troll? Policing Patent Usage With an Open Post-Grant Review

By: David G. Barker In December 2004, a mystery business, JGR Acquisitions Inc., purchased the patent portfolio of bankrupt Commerce One at auction. Commerce One had not previously enforced the acquired patents and many companies were using the patented technologies … Continue reading

Posted in Patents & Technology

The Dormant Commerce Clause and State Regulation of the Internet: Are Laws Protecting Minors From Sexual Predators Constitutionally Different Than Those Protecting Minors From Sexually Explicit Materials?

By: Chin Pann Several states have enacted statutes to protect minors from harmful or obscene materials disseminated over the Internet, as well as from pedophiles seeking to use the Internet to lure them into sexual conduct. State and federal courts … Continue reading

Posted in CyberCrime

Television: Peer-To-Peer’s Next Challenger

By: D. Branch Furtado The entertainment industry has obsessed over the threat of peer-to-peer file sharing since the introduction of Napster in 1999. The sharing of television content may present a compelling case for fair use under the long-standing “Betamax” … Continue reading

Posted in Copyrights & Trademarks

Plugging the “Phishing” Hole: Legislation Versus Technology

By: Robert Louis B. Stevenson This iBrief analyzes the Anti-Phishing Act of 2005, legislation aimed at curbing the problem of “phishing.” Phishing is the sending of fraudulent emails which appear to be from legitimate businesses and thereby fooling the recipients … Continue reading

Posted in CyberCrime

Willful Infringement and the Evidentiary Value of Opinion Letters After Knorr–Bremse v. Dana

By: Joshua Stowell Recently, the Federal Circuit in Knorr-Bremse v. Dana overruled almost twenty years of precedent by striking down the adverse inference doctrine, which had created a negative presumption against any alleged patent infringer for failing to obtain and … Continue reading

Posted in Patents & Technology

Taking Biologics for Granted? Takings, Trade Secrets, and Off-Patent Biological Products

By: Andrew Wasson Biologics are complex medicines which are often genetically engineered, and which are sure to play an important role in curing some of humankind’s worst diseases. Not surprisingly, generic companies want a part of the biologic market. The … Continue reading

Posted in Health & Biotechnology

Disclosure of Clinical Trial Data: Why Exemption 4 of the Freedom of Information Act Should Be Restored

By: Janene Boyce Clinical trial data generated during the FDA drug approval process can be very valuable. While patients and doctors desperately need this information to make informed choices about medical treatment, drug sponsors strive to keep this resource secret … Continue reading

Posted in Health & Biotechnology