Santa Clara Computer & High Technology Law Journal

Articles from Vol. 18, No. 2, May

Cloning Californians? Report on the California Advisory Committee on Human Cloning and Recent Cloning-Related Legislation
Although reports of Dolly ("the world's most famous sheep"), Dr. Seed and Clonaid's announcements of plans to clone humans, and more recently, the cloning of Cc the cat, have brought the issue of human cloning to the public consciousness, legislatures--both...
Controlling Patent Rights in the Industry Standard Context
I. INTRODUCTION High technology industry standards-setting organizations provide consumers with the most efficient, interoperable technology in the market. (1) The purpose of these organizations is to encourage new developments and eliminate...
Copyright Limitations on Technological Innovations on the Internet
I. INTRODUCTION The Copyright Act confers upon owners of copyrights the right to prevent others from reproducing and publicly displaying their copyrighted works. (1) Specifically, section 106 states that "the owner of a copyright under this...
Doctrine of Indivisibility Revived? Ninth Circuit Confirms Copyright Exclusive Licensee Has No Right to Transfer License Absent Owner's Consent
Copyrights are an important and fundamental type of intellectual property. (1) Entire sectors of the economy, from software companies to the entertainment industry, derive substantial value from goods and services by virtue of a coherent and comprehensive...
In Re Napster Inc. Copyright Litigation: Defining the Contours of the Copyright Misuse Doctrine
I. INTRODUCTION Napster, Inc. ("Napster"), in a ruling that marked its first significant victory in a battle against the major companies in the recording industry, persuaded Chief Judge Marilyn Hall Patel to further consider whether the recording...
Internet Distribution of Intellectual Property Protected Works in the United States, in Japan, and in the Future
I. INTRODUCTION Attorneys will face increasing demands to provide practical answers to legal problems that have international law and foreign law questions built into them. Clients will need legal advice that is well informed concerning their...
Ownership of Electronic Publishing Rights in Collective Works
I. INTRODUCTION In a June 25, 2001, 7-2 decision, (1) the United States Supreme Court struck down a long-standing misinterpretation of the copyright laws as applied to collective works. This new interpretation represents a potentially colossal...
Planning and Decision-Making for Law School Information Technology
American law schools are increasingly turning to information technology (1) (IT) systems to accomplish a variety of important institutional objectives, such as preparing law students for the use of technology in the practice of law, improving communication...
Playboy Enterprises, Inc. V. Welles: Former Bunny's Use of Trademarked Terms Is Permissible, as No Other Practical Way to Describe Her Exists
There is no other way that Ms. Welles can identify or describe herself and her services without venturing into absurd descriptive phrases. To describe herself as the "nude model selected by Mr. Hefner's magazine as its number-one prototypical...
Quarantine Revision and the Model State Emergency Health Powers Act: "Laws for the Common Good"
I. INTRODUCTION In June 2001, The Johns Hopkins Center for Civilian Biodefense Studies hosted an indoor war game entitled DARK WINTER. (1) It was structured as a series of mock meetings of the National Security Council to evaluate the response...
"Real as Pro Wrestling": Johns Hopkins University V. CellPro and the Federal Court's Power of Review in Patent Infringement Actions
I. INTRODUCTION CellPro, a biotechnology company in Seattle, Washington, developed an extraordinary device. (1) Its Ceprate system separates stem cells from blood and enables the reintroduction of healthy stem cells into patients who have undergone...
Source Code versus Object Code: Patent Implications for the Open Source Community
I. INTRODUCTION Since the Federal Circuit's 1995 decision in In re Beauregard and the United States Patent and Trademark Office's ("PTO") subsequent issuance of its Guidelines for Computer Related Inventions ("PTO Guidelines") in 1996, computer...
The Community Patent, or :"How I Learned to Stop Worriying and Love the English Language"
I. THE CREATION OF A GENUINE EUROPEAN RIGHT (1) The question on the minds of inventors for almost thirty years has been how to implement a single European patent that can be defended in a single European court. After nearly three decades of...
The Scale Tips in Favor of Parodists and Freedom of Speech Advocates, as "Other" Version of Gone with the Wind Held Fair Use under Copyright Law
I. INTRODUCTION Balancing the competing interests of the First Amendment and copyright continues to be a challenge for courts when dealing with copyright issues. "On the copyright side, economic encouragement for creators must be preserved and...
Wither Convergence: Legal Regulatory, and Trade Opportunism in Telecommunications
Technological and marketplace convergence supports the development of an integrated information communications and entertainment ("ICE") marketplace. (1) Yet for various ICE market segments to function without trade barriers and competitive distortions,...