Notes

The Ethical Limits of eLawyering: Resolving the Multijurisdictional Dilemma of Internet Practice Through Strict Enforcement
by Allen W. Chiu - With the emergence of the “age of cyberspace” in the early 1990s, lawyers recognized the need to move from traditional types of practice to include more technologically advanced systems of legal services, in order keep pace with the burgeoning global economic market.

Automated Access to Websites
by James Czaja - The use of computer programs to automatically access thousands of websites with blinding speed is not a new phenomenon. These programs, referred to as robots, use the same protocols that everyday web browsers use to access web servers to request pages, and then manipulate the data they receive to perform a wide-array of functions.

Post-FESTO III Impacts on Patent Prosectution
by Anelia Delcheva - The Federal Circuit issued a new opinion applying the analysis in Festo II in an effort to offer guidance to lower courts in applying the flexible (versus absolute) bar approach to the doctrine of equivalents.

Hack the Vote: The (in)Security of Electronic Voting Systems
by Joshua S. Hodas - The events surrounding the November 2000 presidential election added the term “hanging chad” to the popular vocabulary. Suddenly everyone had an opinion on obscure questions of election law. The one opinion that was nearly uniform was that the country must shift rapidly away from antiquated voting technologies, such as punch cards and lever-based voting machines, to modern systems.

CyberBust: The Elimination of Gambling on the Internet
by Steven E. Hurdle - As a business model, the gambling trade is viable and potentially lucrative: offer a few people the chance to win big, but on average, make your customers lose.

Target Audience: Advertisers Have You in Their Sights
by Angel James - The capability of digital video recorders (DVRs) to allow viewers to skip commercials has been a thorn in the side of both advertisers and networks.

Patents and inefficiency: Two recent cases
by Aruthur Kim - In today’s increasingly computer driven and internet influenced society, there is a growing trend among companies and individuals to secure broad patents to allow these patented ideas to become widely accepted and engrained into the technological tide, and then to conveniently bring suit against the companies that have profited most through the implementation of these patented ideas.

Can the Insurance Industry Patch Our Software?
by Harold Lee - If you are one of the many people who have suffered from a critical loss of data or hampered software performance in the wake of the “Mydoom” or the “Sobig” viruses by opening that seemingly harmless email attachment (and you know who you are), you are far from being alone.

Bioprospecting: Market-based Solutions to Biopiracy
by Lynn McClelland - Products derived from biological materials have benefited the pharmaceutical industry greatly, and indigenous knowledge of plants has played a significant role: “Globally, almost 121 prescription drugs are made from plants almost half come from the tropics and 74% were discovered pursuing claims from native fables”.

Turmoil and Solutions for the Mutual Fund Industry
by Robin S. Nourmand - In early September of 2003, several mutual fund firms were investigated for allowing large investors to profit from practices that were either illegal or actively discouraged by their own published policies.

Barriers to Lunar Exploration
by Tiffany Parcher - The exploration of space is an inspiring and fulfilling goal in itself, fueled by mankind’s innate curiosity and search for knowledge. However, space exploration could be more than just knowledge. With significant amounts of aluminum, iron, magnesium, oxygen, and silicon on the moon, and millions of tons of iron, nickel, and cobalt inside a single asteroid, space provides a wealth of untapped resources.

SCO/Linux v. IBM: Implications for the Software Arena
by Michael Tan - If one purchases a lottery ticket for one’s friend and that friends wins, how would one feel if that friend refused to share their winnings? It is very similar to the way Caldera International, Inc.(d/b/a SCO Group (“SCO”)), the current owners of a version of Unix, feels towards the Linux Community.

Current Intellectual Property Issues in Nanotechnology
by Terry K. Tullis - On December 3, 2003, President Bush signed the 21st Century Nanotechnology Research and Development Act (the “Nanotechnology Act”), which authorized $3.7 billion in funding for federal nanotechnology research and development over four years beginning in fiscal year 2005.

The ClearPlay Case: When Does Copyright Protection Go Too Far?
by Allison E. Twist - At what point does a copyright-created monopoly created actually inhibit progress? Granted by Congress to “promote the useful arts and sciences,” copyrights do so by giving an exclusive but limited right of use to the creator of an artistic work or an inventor of a new product.

Broadband Internet Services Under the Telecommunications Act of 1996 and the Open Access Question
by David Zarmi - Current FCC policy is to promote the expansion of broadband services to the American public by allowing market forces to deliver the product and encourage investment. This paper generally discusses the issues surrounding broadband regulation using cable.

Product Tying Involving Intellectual Property: Recent Developments
by Vincent Zhou - Product tying is a practice where the sale of one good (the tying good) is conditional upon the purchase of another good (the tied good). Technology companies engage in this practice to leverage their dominance in one market (of the tying goods) as a way to extend into another market (of the tied goods).