The Journal of High Technology Law

Articles from Vol. 12, No. 1, January

Battle Galactica: Recent Advances and Retreats in the Struggle for the Preservation of Trademark Rights on the Internet
Cite as 12 J. High Tech. L. 1 (2011) Rapid-fire changes in global e-commerce have placed past standardized notions of trademark practice in a state of siege. Goods and services are being injected into the market place at warp speed while the justice...
Copyrights in Cyberspace: A Roundup of Recent Cases
Cite as 12 J. High Tech. L. 106 (2011) I. Introduction Decades from now, we will remember 2010 for the BP oil spill and the year 2011 because of a slow recovery from the steepest economic downturn since the Great Depression of the 1930s. (1)...
Offshore Wind: What Steps Need to Be Taken to Ensure It Has a Future in America
Cite as 12 J. High Tech. L. 330 (2011) Offshore wind development has failed to develop in the United States despite the growing trend toward green energy. (1) Wind turbines produce energy with no air or water pollution. (2) Unlike land-based farms,...
Regulating High-Frequency Trading: Man V. Machine
Cite as 12 J. High Tech. L. 273 (2011) I. Introduction Today's financial markets are light years away from those operating when the Securities Act of 1934 ("1934 Act") established the Securities and Exchange Commission ("SEC"). (1) The implementation...
The ALI's Principles of Software Contracting: Some Comments & Clarifications
Cite as 12 J. High Tech. L. 159 (2011) I. Introduction When I joined Boston University School of Law's faculty in 1993, there seemed to be general agreement among practitioners and academics alike that the time was ripe for some sort of uniform...
The Changing Landscape of Joint, Divided and Indirect Infringement - the State of the Law and How to Address It
Cite as 12 J. High Tech. L. 65 (2011) I. Introduction Patents are often written in a manner such that one part of a process is required to be performed by one person or entity and another part of the process is required to be performed by another...
Tracking Knotts: How GPS Technology Is Influencing Traditional Fourth Amendment Jurisprudence
Cite as 12 J. High Tech. L. 231 (2011) [Privacy is] "the most comprehensive of rights and the right most valued by civilized men." --Justice Louis Brandeis, Olmstead v. United States, 1928 (1) "You have zero privacy ... Get over it." --Scott...
Use of Functional Claim Elements for Patenting Computer Programs
Cite as 12 J. High Tech. L. 168 (2011) Table of Contents I. HISTORY OF FUNCTIONAL CLAIM ELEMENTS II. "AN ELEMENT IN A CLAIM FOR A COMBINATION" III. "MAY BE EXPRESSED AS A MEANS OR STEP FOR PERFORMING A SPECIFIED FUNCTION" A. Presumptions...