In an increasingly inward-looking world governed by populist governments, existing theories of rights are struggling to protect and expand individual rights. This failure can be attributed both to the present conception of rights as well as the absence of a unifying theme to address the existence and conflict of rights. In the present paper I argue that this unifying theme, which is necessary for protection and expansion of individual rights, is provided by "meaning" in an existential and linguistic sense. I assert that the greatest challenge faced by individual rights is in form of a faceless populist doctrine called "public interest." As long as the issue of conflict of rights will be addressed in a numerical manner, individual rights will stand defeated. We need to come up with a new model for resolution of conflict of rights, which does not examine right holders as integers but as human beings. This paper, which is a continuation of my previous effort on the subject, elaborates upon the existential role of rights and seeks to construct an inviolable nucleus of rights by examining the essence and core meaning of rights. The paper's final contribution lies in developing a semantical framework for resolution of conflict of rights.
Small and medium size businesses often take advantage of the latest advancements in technology. Doing so, however, now seems to carry the risk of patent infringement. In 2012, so called patent trolls, also known as Non Practicing Entities, began sending letters to small and medium sized businesses demanding money in exchange for a license to use allegedly patented technology. Many saw the demands as an abuse of the patent system. In response, states have passed or are considering statutes that outlaw patent holders from delivering a bad faith notice of infringement. The State of Vermont was the first to address this issue. Vermont amended its consumer protection laws to outlaw "Bad faith assertions of patent infringement." But how far can Vermont and other states go before being preempted by the federal government? This comment asks that very question. After analyzing the original intent of Congress, a theory of field preemption and the Constitutional right to petition the government, this comment concludes with the opinion that state-based laws meant to discourage Non Practicing Entities from sending bad faith cease and desist letters are preempted by the federal patent regime. Finally, this comment proposes that the best way to discourage Non Practicing Entities from harassing companies with frivolous law suits is to allow victorious defendants in patent infringement suits to collect damages from the losing plaintiffs.
Small and medium size businesses often take advantage of the latest advancements in technology. Doing so, however, now seems to carry the risk of patent infringement. In 2012, so called patent trolls, also known as Non Practicing Entities, began sending letters to small and medium sized businesses demanding money in exchange for a license to use allegedly patented technology. Many saw the demands as an abuse of the patent system. In response, states have passed or are considering statutes that outlaw patent holders from delivering a bad faith notice of infringement. The State of Vermont was the first to address this issue. Vermont amended its consumer protection laws to outlaw "Bad faith assertions of patent infringement." But how far can Vermont and other states go before being preempted by the federal government? This comment asks that very question. After analyzing the original intent of Congress, a theory of field preemption and the Constitutional right to petition the government, this comment concludes with the opinion that state-based laws meant to discourage Non Practicing Entities from sending bad faith cease and desist letters are preempted by the federal patent regime. Finally, this comment proposes that the best way to discourage Non Practicing Entities from harassing companies with frivolous law suits is to allow victorious defendants in patent infringement suits to collect damages from the losing plaintiffs.
Although the Chinese government has devoted significant resources to censoring the online activities of its citizens, it may soon be facing a new challenge. Virtual-world computer games in which player controlled personas interact in cyberspace are growing in both sophistication and popularity. In such games, the very actions of the characters may represent banned themes which unfold in real time. These lucrative games do not lend themselves to the traditional text-based censorship techniques and site blocking may not be feasible for economic reasons. A deeper understanding of the threat virtual-world gaming represents to Chinese censorship efforts can be gained by exploring: (1) whether use by political activists is likely; (2) the influence such a use is likely to have and whether it represents a threat; (3) if future censorship techniques will be adequate; and (4) what effect such techniques will have on China's economy. To what extent political freedoms exist in a virtual China may turn one who is better able to manipulate emerging computer technologies.
Although the Chinese government has devoted significant resources to censoring the online activities of its citizens, it may soon be facing a new challenge. Virtual-world computer games in which player controlled personas interact in cyberspace are growing in both sophistication and popularity. In such games, the very actions of the characters may represent banned themes which unfold in real time. These lucrative games do not lend themselves to the traditional text-based censorship techniques and site blocking may not be feasible for economic reasons. A deeper understanding of the threat virtual-world gaming represents to Chinese censorship efforts can be gained by exploring: (1) whether use by political activists is likely; (2) the influence such a use is likely to have and whether it represents a threat; (3) if future censorship techniques will be adequate; and (4) what effect such techniques will have on China's economy. To what extent political freedoms exist in a virtual China may turn one who is better able to manipulate emerging computer technologies.
This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case where a computer chip manufacturer withheld documents relating to its licensing agreements in a copyright infringement case, as well as a summary of a case holding that trade secrets must be defined with specificity in court orders. 4. Contracts - This section provides overviews of cases holding that: work stoppage by a software manufacturer may not constitute willful misconduct; a trademark infringement suit is not an "advertising injury' as used in general liability insurance policies; licensing provisions should be unambiguous; a failure to complain about malfunctioning software may estop a later suit; failure to pay a computer programmer is unlikely to be a "pattern of racketeering" under RICO. 5. Copyrights - The cases reviewed in this section hold that: a copyright owner's inability to produce the source code of which it asserts rights does not preclude a finding of copyright infringement and trade secret misappropriation; a computer program's use of unnecessary features is strong evidence of copying; where a user interface includes mostly uncopyrightable elements, infringement requires both access and "virtual identity"; not all "work-for-hire" factors are of equal importance; the creation of a basic video game is evidence of at least some creativity; reverse engineering of a video game console to develop a compatible cartridge may be fair use; reverse engineering of a computer chip, while condoned by statute, requires thorough documentation. 6. Criminal - This section's cases hold that: insufficient jury verdicts are insufficient to overturn a conviction; with a search warrant designating only computer hardware, the government may also search a computer's hard drive; unauthorized reception of cable television violates U.S. wiretap law; the felony status of infringement of a copyright on software relates to the retail value of the software; a longer term of imprisonment may be imposed where a computer programmer betrays a position of trust. 7. Employment relations - The cases in this section hold that: there is no action for age discrimination where the terminated employee had refused to utilize a new computer system; an ex-employee's covenant not to compete in the computer industry must be no broader than reasonably necessary for the protection of a legitimate business interest. 8. Foreign law - This section describes a United Kingdom high court decision that found copyright infringement of a computer program based on organizational similarities. 9. Patents - The cases described in this section hold that: technical information given by an inventor to a patent attorney my be privileged; patent rights may belong to an employer, pursuant to an employment agreement, even if the employee resigns before seeking a patent; the disclosure of a microprocessor, without the firmware used by the microprocessor, may be a sufficient description. 10. Privacy law - This section describes a Clinton administration proposal for voluntary encoding of telephone and computer transmissions. 11. Tax law - The cases the author cites in this section hold that a municipal sales tax may apply, even where computer equipment is both delivered to a common carrier and assembled outside of the relevant state; modified software may be considered "intangible property." 12. Trademarks - The cases described in this section hold that: prior sale, rather than prior sales activities, may give a user superior trademark rights; an application to register numerical marks based on an intent to use them is proper and may not be opposed as being descriptive unless a statement of use has been filed. This section also describes the U.S. Trademark Office's denial of a petition by Microsoft to register "Windows." 13. Trade regulation - The case in this section holds that the Lanham Act may empower a court to exert control over foreign subsidiaries of a party before the court. 14. Trade secrets - The cases in this section hold that: unless the owner of alleged trade secrets can identify valuable information that was not publicly available, there can be no claim for trade secret theft; a software licensee may be liable for misappropriation of trade secrets if it should have known that the licensor's software included the proprietary information of others.This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case where a computer chip manufacturer withheld documents relating to its licensing agreements in a copyright infringement case, as well as a summary of a case holding that trade secrets must be defined with specificity in court orders. 4. Contracts - This section provides overviews of cases holding that: work stoppage by a software manufacturer may not constitute willful misconduct; a trademark infringement suit is not an "advertising injury' as used in general liability insurance policies; licensing provisions should be unambiguous; a failure to complain about malfunctioning software may estop a later suit; failure to pay a computer programmer is unlikely to be a "pattern of racketeering" under RICO. 5. Copyrights - The cases reviewed in this section hold that: a copyright owner's inability to produce the source code of which it asserts rights does not preclude a finding of copyright infringement and trade secret misappropriation; a computer program's use of unnecessary features is strong evidence of copying; where a user interface includes mostly uncopyrightable elements, infringement requires both access and "virtual identity"; not all "work-for-hire" factors are of equal importance; the creation of a basic video game is evidence of at least some creativity; reverse engineering of a video game console to develop a compatible cartridge may be fair use; reverse engineering of a computer chip, while condoned by statute, requires thorough documentation. 6. Criminal - This section's cases hold that: insufficient jury verdicts are insufficient to overturn a conviction; with a search warrant designating only computer hardware, the government may also search a computer's hard drive; unauthorized reception of cable television violates U.S. wiretap law; the felony status of infringement of a copyright on software relates to the retail value of the software; a longer term of imprisonment may be imposed where a computer programmer betrays a position of trust. 7. Employment relations - The cases in this section hold that: there is no action for age discrimination where the terminated employee had refused to utilize a new computer system; an ex-employee's covenant not to compete in the computer industry must be no broader than reasonably necessary for the protection of a legitimate business interest. 8. Foreign law - This section describes a United Kingdom high court decision that found copyright infringement of a computer program based on organizational similarities. 9. Patents - The cases described in this section hold that: technical information given by an inventor to a patent attorney my be privileged; patent rights may belong to an employer, pursuant to an employment agreement, even if the employee resigns before seeking a patent; the disclosure of a microprocessor, without the firmware used by the microprocessor, may be a sufficient description. 10. Privacy law - This section describes a Clinton administration proposal for voluntary encoding of telephone and computer transmissions. 11. Tax law - The cases the author cites in this section hold that a municipal sales tax may apply, even where computer equipment is both delivered to a common carrier and assembled outside of the relevant state; modified software may be considered "intangible property." 12. Trademarks - The cases described in this section hold that: prior sale, rather than prior sales activities, may give a user superior trademark rights; an application to register numerical marks based on an intent to use them is proper and may not be opposed as being descriptive unless a statement of use has been filed. This section also describes the U.S. Trademark Office's denial of a petition by Microsoft to register "Windows." 13. Trade regulation - The case in this section holds that the Lanham Act may empower a court to exert control over foreign subsidiaries of a party before the court. 14. Trade secrets - The cases in this section hold that: unless the owner of alleged trade secrets can identify valuable information that was not publicly available, there can be no claim for trade secret theft; a software licensee may be liable for misappropriation of trade secrets if it should have known that the licensor's software included the proprietary information of others.
This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case where a computer chip manufacturer withheld documents relating to its licensing agreements in a copyright infringement case, as well as a summary of a case holding that trade secrets must be defined with specificity in court orders. 4. Contracts - This section provides overviews of cases holding that: work stoppage by a software manufacturer may not constitute willful misconduct; a trademark infringement suit is not an "advertising injury' as used in general liability insurance policies; licensing provisions should be unambiguous; a failure to complain about malfunctioning software may estop a later suit; failure to pay a computer programmer is unlikely to be a "pattern of racketeering" under RICO. 5. Copyrights - The cases reviewed in this section hold that: a copyright owner's inability to produce the source code of which it asserts rights does not preclude a finding of copyright infringement and trade secret misappropriation; a computer program's use of unnecessary features is strong evidence of copying; where a user interface includes mostly uncopyrightable elements, infringement requires both access and "virtual identity"; not all "work-for-hire" factors are of equal importance; the creation of a basic video game is evidence of at least some creativity; reverse engineering of a video game console to develop a compatible cartridge may be fair use; reverse engineering of a computer chip, while condoned by statute, requires thorough documentation. 6. Criminal - This section's cases hold that: insufficient jury verdicts are insufficient to overturn a conviction; with a search warrant designating only computer hardware, the government may also search a computer's hard drive; unauthorized reception of cable television violates U.S. wiretap law; the felony status of infringement of a copyright on software relates to the retail value of the software; a longer term of imprisonment may be imposed where a computer programmer betrays a position of trust. 7. Employment relations - The cases in this section hold that: there is no action for age discrimination where the terminated employee had refused to utilize a new computer system; an ex-employee's covenant not to compete in the computer industry must be no broader than reasonably necessary for the protection of a legitimate business interest. 8. Foreign law - This section describes a United Kingdom high court decision that found copyright infringement of a computer program based on organizational similarities. 9. Patents - The cases described in this section hold that: technical information given by an inventor to a patent attorney my be privileged; patent rights may belong to an employer, pursuant to an employment agreement, even if the employee resigns before seeking a patent; the disclosure of a microprocessor, without the firmware used by the microprocessor, may be a sufficient description. 10. Privacy law - This section describes a Clinton administration proposal for voluntary encoding of telephone and computer transmissions. 11. Tax law - The cases the author cites in this section hold that a municipal sales tax may apply, even where computer equipment is both delivered to a common carrier and assembled outside of the relevant state; modified software may be considered "intangible property." 12. Trademarks - The cases described in this section hold that: prior sale, rather than prior sales activities, may give a user superior trademark rights; an application to register numerical marks based on an intent to use them is proper and may not be opposed as being descriptive unless a statement of use has been filed. This section also describes the U.S. Trademark Office's denial of a petition by Microsoft to register "Windows." 13. Trade regulation - The case in this section holds that the Lanham Act may empower a court to exert control over foreign subsidiaries of a party before the court. 14. Trade secrets - The cases in this section hold that: unless the owner of alleged trade secrets can identify valuable information that was not publicly available, there can be no claim for trade secret theft; a software licensee may be liable for misappropriation of trade secrets if it should have known that the licensor's software included the proprietary information of others.This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case where a computer chip manufacturer withheld documents relating to its licensing agreements in a copyright infringement case, as well as a summary of a case holding that trade secrets must be defined with specificity in court orders. 4. Contracts - This section provides overviews of cases holding that: work stoppage by a software manufacturer may not constitute willful misconduct; a trademark infringement suit is not an "advertising injury' as used in general liability insurance policies; licensing provisions should be unambiguous; a failure to complain about malfunctioning software may estop a later suit; failure to pay a computer programmer is unlikely to be a "pattern of racketeering" under RICO. 5. Copyrights - The cases reviewed in this section hold that: a copyright owner's inability to produce the source code of which it asserts rights does not preclude a finding of copyright infringement and trade secret misappropriation; a computer program's use of unnecessary features is strong evidence of copying; where a user interface includes mostly uncopyrightable elements, infringement requires both access and "virtual identity"; not all "work-for-hire" factors are of equal importance; the creation of a basic video game is evidence of at least some creativity; reverse engineering of a video game console to develop a compatible cartridge may be fair use; reverse engineering of a computer chip, while condoned by statute, requires thorough documentation. 6. Criminal - This section's cases hold that: insufficient jury verdicts are insufficient to overturn a conviction; with a search warrant designating only computer hardware, the government may also search a computer's hard drive; unauthorized reception of cable television violates U.S. wiretap law; the felony status of infringement of a copyright on software relates to the retail value of the software; a longer term of imprisonment may be imposed where a computer programmer betrays a position of trust. 7. Employment relations - The cases in this section hold that: there is no action for age discrimination where the terminated employee had refused to utilize a new computer system; an ex-employee's covenant not to compete in the computer industry must be no broader than reasonably necessary for the protection of a legitimate business interest. 8. Foreign law - This section describes a United Kingdom high court decision that found copyright infringement of a computer program based on organizational similarities. 9. Patents - The cases described in this section hold that: technical information given by an inventor to a patent attorney my be privileged; patent rights may belong to an employer, pursuant to an employment agreement, even if the employee resigns before seeking a patent; the disclosure of a microprocessor, without the firmware used by the microprocessor, may be a sufficient description. 10. Privacy law - This section describes a Clinton administration proposal for voluntary encoding of telephone and computer transmissions. 11. Tax law - The cases the author cites in this section hold that a municipal sales tax may apply, even where computer equipment is both delivered to a common carrier and assembled outside of the relevant state; modified software may be considered "intangible property." 12. Trademarks - The cases described in this section hold that: prior sale, rather than prior sales activities, may give a user superior trademark rights; an application to register numerical marks based on an intent to use them is proper and may not be opposed as being descriptive unless a statement of use has been filed. This section also describes the U.S. Trademark Office's denial of a petition by Microsoft to register "Windows." 13. Trade regulation - The case in this section holds that the Lanham Act may empower a court to exert control over foreign subsidiaries of a party before the court. 14. Trade secrets - The cases in this section hold that: unless the owner of alleged trade secrets can identify valuable information that was not publicly available, there can be no claim for trade secret theft; a software licensee may be liable for misappropriation of trade secrets if it should have known that the licensor's software included the proprietary information of others.
Crowdfunding, an offshoot of crowdsourcing, is being touted as an alternative to traditional sources of financing for small businesses. Despite all its promise, crowdfunding is not without potential problems. To the extent feasible, these possible issues must be anticipated well in advance so that crowdfunding can fulfill its goal of democratizing access to capital. This paper explores how asymmetrical information in the crowd-funding market can lead to a lemons problem, where high quality start-ups are driven out of the market by low quality projects. Understanding how the lemons problem can arise is critical in determining what reforms are needed to ensure that small entrepreneurs will continue to have the ability to raise money from the crowd. Part I describes the crowdfunding process and focuses on the equity crowdfunding model. By way of example, we study two popular equity crowdfunding platforms: Grow VC and CrowdCube. Part II describes how the lemons problem is creeping up in crowdsourcing, and explains how a similar lemons problem can occur in crowdfunding. To help prevent information asymmetry, Part III proposes the use of reputation systems, friendship networks, and discussion boards to signal or give clues on the quality of a start-up. Part IV concludes.
Crowdfunding, an offshoot of crowdsourcing, is being touted as an alternative to traditional sources of financing for small businesses. Despite all its promise, crowdfunding is not without potential problems. To the extent feasible, these possible issues must be anticipated well in advance so that crowdfunding can fulfill its goal of democratizing access to capital. This paper explores how asymmetrical information in the crowd-funding market can lead to a lemons problem, where high quality start-ups are driven out of the market by low quality projects. Understanding how the lemons problem can arise is critical in determining what reforms are needed to ensure that small entrepreneurs will continue to have the ability to raise money from the crowd. Part I describes the crowdfunding process and focuses on the equity crowdfunding model. By way of example, we study two popular equity crowdfunding platforms: Grow VC and CrowdCube. Part II describes how the lemons problem is creeping up in crowdsourcing, and explains how a similar lemons problem can occur in crowdfunding. To help prevent information asymmetry, Part III proposes the use of reputation systems, friendship networks, and discussion boards to signal or give clues on the quality of a start-up. Part IV concludes.
This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.
This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.
In this article, the author supports the enactment of UCITA. In Part II of this article, the author explains why UCITA "simply clarify and modernize" commercial law and should be chosen over Article 2 of UCC. In Part III of the article, the author proposes two amendments to UCITA: 1) Software vendors should be given a minimum standard to follow for its software. According to the author, this would bring more adhesion to consumer transactions. 2) UCITA should be governed by state deceptive trade practice acts. Finally, the author ends by saying that state legislatures would be unable to reach a ground of compromise until the states are willing to fully discuss the issues.
In this article, the author supports the enactment of UCITA. In Part II of this article, the author explains why UCITA "simply clarify and modernize" commercial law and should be chosen over Article 2 of UCC. In Part III of the article, the author proposes two amendments to UCITA: 1) Software vendors should be given a minimum standard to follow for its software. According to the author, this would bring more adhesion to consumer transactions. 2) UCITA should be governed by state deceptive trade practice acts. Finally, the author ends by saying that state legislatures would be unable to reach a ground of compromise until the states are willing to fully discuss the issues.
The five premises that this paper considers are: 1. Everyone needs low-cost access to high speed broadband service 2. High-speed broadband is necessary for education, health, government, and other social services 3. Wireless can"t compete with cable 4. An open Internet is necessary for innovation and necessarily benefits consumers 5. Telecommunications are better somewhere else.
