Publications and Announcements

Sealing the Coffin on the Experimental Use Exception

Patents & Technology

By: Jennifer Miller In a petition for writ of certiorari, Duke University requests that the Supreme Court reverse a Federal Circuit holding that, in its view, “seals the coffin on the experimental use exception for private universities.” This iBrief discusses the Federal Circuit’s decision in Madey v. Duke University and its possible effects on the progress of science. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0012

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Can the Internet Kill? Holding Web Investigators Liable for Their Criminal Customers

eCommerce

By: Mark Sweet As the wealth of online information grows, private investigation websites are becoming more powerful and popular. Their client lists include attorneys, insurance agencies, banks, neighbors, employers, and, oh yes, stalkers and identity thieves. When a stalker used information from a web investigator to track down and kill his victim, the New Hampshire Supreme Court held the investigator liable for its customer’s criminal acts. This iBrief considers how far liability should extend for a web investigator, distinguishes web investigators from handgun and bullet retailers, and explains how this decision realizes a policy against privacy invasions. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0011

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Do Not Advertise: The Current Fight Against Unsolicited Advertisements

Media & Communications

By: Dannielle Cisneros Have you ever received a phone call from a telemarketer during dinner? Do e-mails entitled “Protect Your Computer Against Viruses for $9.95” or “GET A FREE PASS TO THOUSANDS OF XXX SITES” annoy you? Are you tired of watching advertisements that continue after the posted start time for a movie? Many Americans are irritated with the amount of daily interruptions caused by the current lack of advertising regulations. In some instances, the advertisers shift their marketing costs to unwilling e-mail users or moviegoers. This article focuses on unsolicited communications and potential solutions to the seemingly endless problem of spam. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0010

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The E-Government Act: Promoting E-Quality or Exaggerating the Digital Divide?

eCommerce

By: Jaime Klima In passing the E-Government Act of 2002, Congress has promised to improve the technological savvy of federal agencies and make more public forms and records available online. However, the question is whether doing so will alienate those Americans who do not have Internet access. Will the Act exaggerate the gap between the Internet haves and have-nots that is known as the digital divide? This iBrief identifies the e-quality issues arising from the E-Government Act and argues that implementation of the Act, however well intentioned, may exaggerate the digital divide. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0009

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ICANN—Now and Then: ICANN’s Reform and Its Problems

International

By: Kim G. von Arx This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper’s main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely substitutes the administration of the DNS function without making changes to the normative infrastructure of the DNS. In light of the above, the paper argues that there is a need to declare independence from a one-entity controlled DNS. The suggested approach is to share authority over the root by acknowledging that countries that are accountable to their populations are the authorities for their own ccTLDs. Once technical and political independence has been achieved, the technical and, to some degree, political management of the DNS should be exercised through an international body. In order to initiate

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From Napster to Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International

International

By: Seagrumn Smith The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA’s and Motion Picture Association of America’s (MPAA) legal efforts against Kazaa, a foreign-based P2P provider, in an attempt to assess whether copyright in the digital age can survive beyond our shores. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0008

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Software Patent Law: United States and Europe Compared

Patents & Technology

By: Michael Guntersdorfer Software is a global business. Patents are increasingly the protection of choice; as a consequence, international software patent laws are of growing importance to software vendors. This article focuses on European patent law and how it differs from United States law in regards to software technology. Statutes and relevant case law of both unions are discussed and compared, providing an introductory secondary source for scholars and practitioners. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0006

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Patent Royalties Extending Beyond Expiration: An Illogical Ban From Brulotte to Scheiber

Patents & Technology

By: Michael Koenig A recent decision by the Seventh Circuit Court of Appeals, Scheiber v. Dolby Laboratories, Inc., called into question, yet dutifully applied, the somewhat disfavored Supreme Court patent case of Brulotte v. Thys Co. For thirty-eight years, Brulotte has served as an absolute prohibition on the collection of any patent royalties extending beyond the expiration date of the patent. As Justice Douglas stated in writing for the eight-Justice majority, “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” Ostensibly, this concise and easily-applied exposition of the law seems sensible enough. But, the devil is in the details. This iBrief highlights the flawed reasoning underlying Brulotte as evidenced by its application in Scheiber, but ultimately concludes that overruling the case may be of little help to Mr. Scheiber in his suit against Dolby. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0005

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The Pros and Cons of Online Dispute Resolution: An Assessment of Cyber-Mediation Websites

eCommerce

By: Joseph W. Goodman Due to increasing use of the Internet worldwide, the number of disputes arising from Internet commerce is on the rise. Numerous websites have been established to help resolve these Internet disputes, as well as to facilitate the resolution of disputes that occur offline. This iBrief examines and evaluates these websites. It argues that cyber-mediation is in its early stages of development and that it will likely become an increasingly effective mechanism for resolving disputes as technology advances. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0004

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Reality Bites: How the Biting Reality of Piracy in China Is Working to Strengthen Its Copyright Laws

Copyrights & Trademarks

By: Graham J. Chynoweth This iBrief discusses how persistent international concern and emerging domestic concern over Chinese intellectual property theft have helped give sharper teeth to the Chinese copyright regime in the past two years and how these new laws may leave bite marks in the future. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0003

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