Publications and Announcements

A Victory for the Student Researcher: Chou v. University of Chicago

Patents & Technology

By: Kyle Grimshaw For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0035

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The Internet Opens Its Doors for .BIZ-ness

eCommerce

By: Corey Ciocchetti Starting on October 1, 2001, .BIZ will become active as the Internet’s newest top-level domain; its space reserved solely for businesses engaging in “bona fide” commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0034

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Hard Lessons: Guiding America’s Approach to Third Generation Wireless Policy

Media & Communications

By: Aaron Futch The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0033

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Are Domain Names Property? The sex.com Controversy

eCommerce

By: Christine Soares Do domain names constitute tangible property? Since domain names may be purchased or transferred, the answer at first glance would appear to be “yes”. Congress has also dictated that domain names corresponding closely to existing trademarks may be considered tangible property under certain circumstances. However, a recent case involving the lurid and lucrative domain name “sex.com” has determined otherwise. This iBrief examines the impact of characterizing domain names as tangible or intangible property on the causes of action available for domain name litigation. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0032

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The Music Online Competition Act of 2001: Moderate Change or Radical Reform?

Media & Communications

By: Alexander Davie & Christine Soares On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0031

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U.S. Export Controls on Technology Transfers

International

By: Matthew Crane Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations that must be given to the export of encryption and other technologies. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0030

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Hacking Digital Video Recorders: Potential Copyright Liability for DVR Hackers and Service Providers

Copyrights & Trademarks

By: Ashley A. Johnson To what extent does Sony’s time-shifting fair use argument extend to recent innovations that make it easier for hackers use DVR technology to generate copies of protected material? The author assesses the potential liability of DVR manufacturers against the backdrop of traditional fair use doctrines. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0029

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Monitoring Employee E-Mail: Efficient Workplaces vs. Employee Privacy

eCommerce

By: Corey A. Ciocchetti Employer monitoring of electronic mail constitutes an emerging area of the law that is clearly unsettled at this point in time. This iBrief demonstrates that the privacy rights of non public-sector employees are relatively unprotected by the federal and state constitutions, broad judicial interpretations of enacted privacy legislation favor legitimate employer-monitoring practices, and many of the elements of common law claims are difficult for employees to prove. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0026

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