Santa Clara Computer & High Technology Law Journal

Articles from Vol. 19, No. 2, May

Court Refuses to Enforce French Order Attempting to Regulate Speech Ocurring Simultaneously in the U.S. and in France
What makes this case uniquely challenging is that the Internet in effect allows one to speak in more than one place at the same time. Although France has the sovereign right to regulate what speech is permissible in France, this Court...
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Ethics of Nanobiotechnology at the Frontline
I. INTRODUCTION Nanobiotechnology promises a wide variety of medical applications. Some of the proposed applications include more efficient and specific drug delivery, systems microsurgic devices that find and destroy viruses or cancer cells,...
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Intellectual Property Strategy in Bioinformatics and Biochips
I. INTRODUCTION What are the fields of bioinformatics and biochips? These are relatively new disciplines that have gained much recognition in the past few years. Basically, bioinformatics is the convergence of analytical and computational tools...
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International Intellectual Property, Progress, and the Rule of Law
I. INTRODUCTION: DEVELOPMENT OF INTELLECTUAL PROPERTY Intellectual property is in part commercial law, comparable to laws that concern the negotiability of instruments, banking, security interests, or the interpretation of contracts. National...
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Patent Prosecution in Proteomics
I. INTRODUCTION: AN INTELLECTUAL PROPERTY OVERVIEW Some find the concept of intellectual property hard to grasp, often because it's hard to determine the monetary worth of ideas. One simple example of the value of intellectual property is the...
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Reflections on the Myth of Icarus in the Age of Information
... with melting wax and loosened strings Sunk hapless Icarus on unfaithful wings; Headlong he rushed through the affrighted air, With limbs distorted and dishevelled [sic] hair; His scattered plumage danced upon the wave, And...
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Stopping a Trojan Horse: Challenging Pop-Up Advertisements and Embedded Software Schemes on the Internet through Unfair Competition Laws
For ten years Greek warriors laid siege on the city of Troy unable to penetrate its towering block walls. They needed a war machine. They needed something new, so the Greeks devised a plan. They built a giant hollow wooden horse. A group...
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The Answer to the Question "What Do Hair Relaxer Products Have to Do with the Seventh Circuit's View on Copyright Preemption and the Right of publicity?"(Case Note)
I. INTRODUCTION The right of publicity is a state cause of action that forbids using another's name, likeness, voice, or identity for commercial purposes. (1) Although the publicity right is often grouped with torts that protect one's right...
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The Ethics of Reproductive Cloning
I. INTRODUCTION Reproductive cloning is unethical in its current technological stage. Understanding the important genetic and biological differences between an embryo produced by natural or assisted reproduction methods--such as in vitro fertilization...
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The Law Regulating Unsolicited Commercial E-Mail: An International Perspective
Advertising is a valuable economic factor because it is the cheapest way of selling goods, particularly if the goods are worthless. --Sinclair Lewis (1885-1951) Advertisements on the current Internet computer network are not common...
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Towards Developing a a Natural Law Jurisprudence in the U.S. Patent System
There are at least two commonly-held legal misconceptions when it comes to IP law: patent law is a wholly practical area of law created entirely by legislation; (1) and that jurisprudence and the study of legal philosophy and justification is an exercise...
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Victor's Little Secret Prevails (for Now) over Victoria's Secret: The Supreme Court Requires Proof of Actual Dilution under the FTDA.
I. INTRODUCTION On March 4, 2003, the U.S. Supreme Court resolved a split in the circuits, unanimously holding that the Federal Trademark Dilution Act (FTDA) requires an "actual proof of dilution," instead of a "likelihood of dilution," standard....
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