Publications and Announcements

Protecting Intellectual Capital in the New Century: Are Universities Prepared?

Patents & Technology

By: James Ottavio Castagnera, Cory R. Fine & Anthony Belfiore In recent years, intellectual property has become increasingly important to academic institutions throughout the United States. As universities rely more heavily on trademarks and patents for additional revenue, questions arise as to whether these institutions are sufficiently protected by their current intellectual property policies. This iBrief explores the policies promulgated by a variety of academic institutions and assesses whether these universities are adequately protected by their policies. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0010

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The Extraterritorial Reach of Trademarks on the Internet

Copyrights & Trademarks

By: Yelena Simonyuk The advent of the Internet means incredible opportunity for global interaction. Consumers in Asia can buy from a small business in Louisiana, and businesses can advertise to a much wider market for a fraction of the cost of traditional media. But these benefits come with a dilemma: what to do about trademark infringement on the Internet. In a virtual world with no borders, what (and where) is the law? Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0009

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The Enola Bean Patent Controversy: Biopiracy, Novelty and Fish-And-Chips

Patents & Technology

By: Gillian N. Rattray Should traditional knowledge be patentable? As the number of patents filed by large corporations for native crops has increased, activists have become concerned about the economic effects of these patents on indigenous people. This iBrief discusses the attempts by one group of activists to test the validity of such patents in the United States and explores the issue of biopiracy in the Third World. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0008

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An Interview With Caspar Bowden

Copyrights & Trademarks

By: Joseph Goodman Caspar Bowden (cb@fipr.org) is the author of a recent DLTR article, Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the EmergencyAnti-Terrorism Legislation. He is the Director of the Foundation for Information Policy Research (http://www.fipr.org), an independent non-profit think-tank that undertakes research on the interaction between information technology and society, technical developments with significant social impact, and public policy alternatives. He was formerly a consultant specializing in Internet security and e-commerce, senior researcher of an option-arbitrage trading firm, a financial strategist with Goldman Sachs, and chief algorithm designer for a virtual reality software house. We interviewed Mr. Bowden about combating terrorism in Europe and other issues related to European cyber-policy, such as the success of a European Internet and Information policy. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0007

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Court Gives Thumbs-Up for Use of Thumbnail Pictures Online

Copyrights & Trademarks

By: Kelly Donohue In the online world, where intellectual property rights can be violated with the simple click of a mouse, innovation sometimes finds itself engaged in a game of chicken with the law. Recently, online-photo-search engine Ditto.com played just such a game, taking their fight to the Ninth Circuit Court of Appeals. The Ninth Circuit’s holding protects Ditto.com’s use of copyrighted photos as transformative fair use. But the holding also addresses inline linking and framing, warning that they can violate copyright even in the face of a fair use. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0006

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Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the Emergency Anti-Terrorism Legislation

CyberCrime

By: Caspar Bowden Caspar Bowden, Director of the Foundation for Information Policy Research (FIPR), explains the technical and legal context of unprecedented new surveillance capabilities, with particular reference to the UK’s Regulation of Investigatory Powers (RIP) Act 2000. He discusses why these powers are unlikely to be effective in detecting or disrupting the communications of terrorist cells or organized crime, but present significant new threats to the security, privacy, and freedom of expression of the law-abiding. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0005

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Everyone’s a Critic: Defamation and Anonymity on the Internet

Media & Communications

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

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Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings of Fair Use Remain an Open Question

Copyrights & Trademarks

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

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Cracking the Code to Privacy: How Far Can the FBI Go?

CyberCrime

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

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Fraud and Enforceability: Potential Implications for Federal Circuit Litigation

Patents & Technology

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

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