Santa Clara Computer & High Technology Law Journal

Articles from Vol. 21, No. 2, February

A Discussion of the Mechanics of the DMCA Safe Harbors and Subpoena Power, as Applied in RIAA V. Verizon Internet Services
INTRODUCTION This comment begins with a brief synthesis of basic theories of copyright infringement and a short history of litigation related to Peer-To-Peer ("P2P") file sharing, which is followed by a general explanation of the safe harbors of...
Half-Human Creatures, Plants & Indigenous Peoples: Musings on Ramifications of Western Notions of Intellectual Property and the Newman-Rifkin Attempt to Patent a Theoretical Half-Human Creature
TABLE OF CONTENTS Introduction I. Origins of Half-Human Creatures in the Plant Patent and Plant Variety Protection Acts and in the Corresponding Evisceration of the "Product of Nature" Doctrine A. The Plant Patent Act of 1930 and the...
Outlaw Speech on the Internet: Examining the Link between Unique Characteristics of Online Media and Criminal Libel Prosecutions
ABSTRACT Criminal libel prosecutions have been relatively rare since the United States Supreme Court expounded new constitutional standards for state criminal libel laws in Garrison v. Louisiana, in 1964. The rise of the Internet, however, in the...
Publicity Dilution: A Proposal for Protecting Publicity Rights
I. INTRODUCTION The right of publicity prohibits commercial use of a person's name or likeness without the person's consent. (1) The right is grounded in property rationales and is supposed to safeguard the economic value of a person's name or likeness...
Taking the Case: Is the GPL Enforceable?
Would the GNU General Public License be enforceable in a U.S. court? With the meteoric rise of the Linux operating system, the license that governs the Linux kernel and thousands of additional open source software programs has come under increased...
What Constitutes a "New Use" of a Known Composition and Should a Patentee's Purported Objective Make Any Difference?
ABSTRACT This Article examines the long-standing patent principle that new uses directed to a result or property of a known composition are not patentable. The Article demonstrates that this principle is closely related to another well-known patent...