By: Allison Stiles Internet publishing is easy and has become commonplace in ourtechnology-focused society. Although this type of publication can beexciting and helpful for those interested in communicating an idea, theissue of anonymous speech on the Internet has created some complications in the rather established tort of defamation. This article will discuss two approaches recently taken by two different courts in response to the Internet-anonymity issue and will evaluate them based on their ability to strike a balance between protecting free speech and protecting against defamation. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0004
Author: dukelawtechreview
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings of Fair Use Remain an Open Question
By: Harry Mihet At first blush, the Copyright Clause and the First Amendment of the United States Constitution appear to serve conflicting interests and to exist in irrevocable tension. On one hand, the Copyright Clause grants authors “the exclusive Right to their respective Writings and Discoveries,” thereby prohibiting others from utilizing certain forms of expression. On the other hand, the First Amendment prohibits Congress from “abridging the freedom of speech” and expression. ;Thus, by simultaneously prohibiting the use of another’s expression and safeguarding expression, the two provisions appear to be on a constitutional collision course. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0003
Cracking the Code to Privacy: How Far Can the FBI Go?
By: Angela Murphy As the Nation continues to deal with the fallout of the events of September 11th, it must continue to decide what limits on privacy will be sacrificed in order to allow the government to tighten its security efforts. Who would have guessed that in this crazy post-September 11th world, the latest champion of Constitutional freedoms would be a reputed mobster? Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0002
Fraud and Enforceability: Potential Implications for Federal Circuit Litigation
By: Michael Kim Should fraudulent litigation tactics and testimony affect the validity of underlying patents? What results are possible if the enforceability of a patent turns on the conduct of the applying party not only before the Patent and Trademark Office, but also before circuit courts? The author of the following article considers these questions in light of the recent Aptix Corp. case. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0001
Facilitating Access of Aids Drugs While Maintaining Strong Patent Protection
By: Dana Ziker The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States’ scheme of strong patent protection for pharmaceutical products withstand the increased attention? Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0042
Policing Online Pharmacies: Bioterrorism Meets the War on Drugs
By: Mark Sweet In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central to the effort is the increased purchasing of prescription drugs over the Internet. This iBrief explores the benefits and risks to consumers from buying drugs online, and examines recent initiatives to police the online pharmacy industry. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0041
Cybernetic Implications for the U.C.C.
By: Stephen Dirksen & Kyle Grimshaw In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system’s filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0040
MusicNet & PressPlay: To Trust or Antitrust?
By: Kelly Donohue Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services in light of a Justice Department antitrust investigation into the practices of the labels in allegedly quashing smaller distributors and colluding to stifle competition, and considers the ramifications of an antitrust suit for both the major labels and their competitors. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0039
Enhanced 911 Technology and Privacy Concerns: How Has the Balance Changed Since September 11?
By: Aaron Futch & Christine Soares E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0038
Egregious Error or Admirable Advance: The Memorandum of Understanding That Enables Federally Funded Basic Human Embryonic Stem Cell Research
By: Amy Ligler Nothing contained herein shall be considered to be the grant of a commercial license or right under the Wisconsin Patent Rights or to Wisconsin Materials. Furthermore, nothing contained herein shall be construed to be a waiver of WiCell’s patent rights under the Wisconsin Patent Rights or WiCell’s property rights in Wisconsin Materials. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0037