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| An Overview of the Technology Policy Environment in the United States | |
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| Introduction | |
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| The Intellectual Property System | |
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| Patents | |
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| Copyrights | |
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| Trade Secrets | |
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| Trademarks | |
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| The Public Policy Process in the United States | |
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| The Power Struggle: Federal versus State | |
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| How Intellectual Property Policies Are Made in the United States | |
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| The Expanding Scope of Intellectual Property Protection | |
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| The Rising Importance of the First Amendment in Technology Policy Disputes | |
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| Two Running Examples | |
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| The Self-Adjusting Stair Climber | |
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| DeCSS | |
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| Conclusion | |
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| The International Technology Policy Environment | |
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| Introduction | |
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| Unilateral Measures: Actions Against Imports into the United States | |
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| Private Actions for Unauthorized Imports into the United States | |
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| Enforcement through Administrative Action | |
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| Bilateral Arrangements and the Importance of Trade Sanctions | |
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| Section 301 and Trade Sanctions | |
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| Special 301 and Intellectual Property Protection | |
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| Multilateral Approaches | |
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| Global Intellectual Property Agreements | |
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| World Trade Organization | |
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| Regional Trade Pacts | |
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| International Law and the Internet | |
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| Personal Jurisdiction: Where Can the Lawsuit Be Brought? | |
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| What Law Applies? | |
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| Can a Judgment Be Enforced? | |
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| The Yahoo! Litigation | |
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| The ElcomSoft Controversy | |
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| Conclusion | |
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| Fundamental Requirements for Patent Protection in the United States | |
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| Introduction | |
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| Overview of Patent Policies and Processes | |
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| Basic Requirements | |
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| Patent Duration | |
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| Enforcement Issues | |
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| Novelty | |
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| Was the Patent Application Filed in Time? | |
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| Who Gets the Patent When There Are Multiple Inventors? | |
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| Nonobviousness | |
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| Patentable Subject Matter and Utility | |
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| Patentable Subject Matter | |
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| Utility | |
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| Design Patents | |
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| International Protection of Industrial Designs | |
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| Conclusion | |
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| Obtaining and Defending Patent Rights in the United States and Globally | |
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| Introduction | |
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| The Patent Application Process: A Brief Overview | |
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| Who May File the Patent Application? | |
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| Invention Assignment Agreements | |
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| When to Apply | |
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| Dealing with the PTO | |
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| Loss of Patent Rights | |
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| Disclosure: Enablement and Best Mode | |
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| Enablement | |
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| Infringement and Remedies | |
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| Literal Infringement | |
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| Doctrine of Equivalents | |
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| Prosecution History Estoppel | |
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| Infringement of Process Patents | |
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| International Patent Protection Issues | |
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| Substantive Patent Policy Issues | |
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| Procedural Patent Policy Issues | |
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| Conclusion | |
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| Patent Protection for Computer Programs and Internet Business Methods | |
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| Introduction | |
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| Patent Protection for Computer Programs: The Long and Winding Road | |
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| Computer Processes Are Patentable Subject Matter | |
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| Old Standards and the Importance of Physical Transformations | |
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| The Modern Trend | |
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| 1996 PTO Examination Guidelines for Computer-Related Inventions | |
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| The Dual Impact of the Federal Circuit's State Street Decision | |
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| Revised PTO Examination Guidelines for Computer-Related Inventions | |
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| Recent Events Involving Computer Program Patents | |
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| Other Issues Regarding Patents for Computer Programs | |
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| Receiving a Patent from the PTO | |
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| Disclosure | |
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| The Possibility of Copyright Protection | |
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| International Patent Protection of Computer Programs | |
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| The Controversy Continues: Should Patent Protection Be Extended to Computer Programs? | |
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| Patent Protection for Internet Business Methods | |
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| The Controversy over Amazon's One-Click Business Method Patent | |
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| The PTO's Business Method Patent Initiative | |
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| Legislative Measures and New Proposals | |
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| Conclusion | |
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| Protection of Secret Information | |
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| Introduction | |
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| Rationales for Trade Secret Laws | |
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| Important Aspects of Trade Secret Laws | |
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| Definition of Trade Secret | |
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| Misappropriation | |
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| Proving Misappropriation | |
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| Remedies for Trade Secret Misappropriation | |
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| Trade Secret Protection Measures | |
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| Federal Economic Espionage Act | |
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| International Trade Secret Protection | |
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| Concluding Remarks about Trade Secret Protection | |
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| Presenting Unsolicited Ideas to Third Parties | |
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| How Companies Handle Unsolicited Ideas | |
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| Advice for Offering Unsolicited Ideas | |
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| Conclusion | |
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| Fundamental Aspects of Copyright Protection | |
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| Introduction | |
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| What May Be Protected by Copyright | |
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| Protection of Original Expressions | |
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| Protection of Databases | |
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| Copyright Protection of Product Designs | |
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| Rights Provided by Copyright | |
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| The Basic Exclusive Rights | |
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| The Digital Transmission Right for Sound Recordings | |
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| Fair Use and Other Exceptions to Copyright Protection | |
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| Copyright Ownership | |
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| Works Made for Hire | |
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| Joint Works | |
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| Moral Rights | |
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| How to Obtain Copyright Protection | |
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| Registration and Deposit | |
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| Copyright Notice | |
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| Duration of Copyright Protection | |
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| Infringement and Remedies | |
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| The Substantial Similarity Standard | |
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| Remedies | |
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| Conclusion | |
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| Copyright Protection for Computer Programs and Digital Media | |
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| Introduction | |
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| The Importance of Distinguishing Ideas from Expressions in Computer Programs | |
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| Levels of Abstractions in Copyrighted Works | |
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| The Availability of Alternative Expressions | |
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| Levels of Abstraction for Computer Programs | |
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| The Original Approach in Computer Copyright Cases | |
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| Protection for Computer Programs | |
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| Protection for User Interfaces | |
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| The Modern Approach in Computer Copyright Cases | |
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| Protection for Computer Programs | |
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| Protection for User Interfaces | |
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| International Copyright Protection of Computer Programs | |
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| Reverse Engineering of Computer Programs and Clean-Room Techniques | |
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| Digital Audio Sampling and Digital Imaging | |
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| Digital Audio Sampling and Remixing | |
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| The Application of Fair Use to Sampling and Remixing | |
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| Digital Imaging | |
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| Conclusion | |
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| Copyright and the Internet | |
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| Introduction | |
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| Legal Responsibility for the Wrongful Conduct of Others | |
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| A Framework for Analyzing Legal Responsibility | |
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| The Controversies over Video Recording Devices | |
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| Application of Sony's Principles to Digital Video Recorders | |
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| The Controversies over Audio Recording Devices | |
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| The Audio Home Recording Act | |
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| The Controversy over MP3 and Portable Digital Music Players | |
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| Online Service Provider Liability | |
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| Contributory and Vicarious Liability | |
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| DMCA Protects OSPs from Copyright Infringement | |
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| Responsibility for Copyright Infringements on Peer-to-Peer File-Sharing Networks | |
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| The Napster Dispute | |
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| The Recording and Motion Picture Industries Contend with Post-Napster Services in the Courts | |
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| The Entertainment Industries Adopt Other Strategies to Combat File Sharing | |
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| The Supreme Court Addresses the Legality of P2P Services | |
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| The DMCA and Copyright Protection Technologies | |
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| DMCA's Anti-Circumvention and Anti-trafficking Provisions | |
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| Other Recent DMCA Controversies | |
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| Proposed Statutory Amendments to the DMCA | |
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| Linking, Framing, and Other Internet Copyright Issues | |
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| Linking | |
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| Deep-Linking | |
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| Inline Imaging and Framing | |
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| Application to CoolEdge | |
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| Other Internet Issues | |
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| Conclusion | |
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| Protecting Trademarks and Product Designs in International Markets | |
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| Introduction | |
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| Fundamental Principles of Trademark Protection | |
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| Trademarks and Competitive Ethics | |
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| Trademarks and Market Efficiency | |
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| Generic Marks | |
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| Descriptive Marks | |
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| The Spectrum of Trademark Protection | |
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| Trademark Protection of Product Characteristics | |
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| Distinctiveness of Product Characteristics | |
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| Functionality | |
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| Trademark Protection and Computers | |
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| Federal Registration: Standards and Procedures | |
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| Likelihood of Confusion | |
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| Use Requirements | |
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| Reasons to Conduct a Trademark Search | |
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| Basic Registration Procedures | |
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| Intent-to-Use Applications | |
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| Loss of Registration Rights | |
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| Trademark Infringement and Remedies | |
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| Likelihood of Confusion | |
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| Dilution | |
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| Remedies for Infringement | |
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| International Aspects of Trademark Protection | |
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| International Trademark Registration | |
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| The Gray Market | |
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| Conclusion | |
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| Domain Names and Other Trademark Issues on the Internet | |
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| Introduction | |
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| The Initial Problems with the Internet Domain Name System | |
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| NSI's Revised Domain Name Registration Policy | |
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| International Domain Name Complexities | |
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| Policy Responses to Domain Name Problems | |
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| Anticybersquatting Consumer Protection Act | |
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| Preliminary Suggestions for Improvements to the Domain Name Registration Process | |
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| The Creation of ICANN | |
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| New Generic Top-Level Domain Names | |
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| The Uniform Dispute Resolution Policy | |
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| Other Internet-Related Trademark Issues | |
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| "Suck" Sites and Critical Commentary | |
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| Metatags | |
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| Linking and Framing | |
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| Keying and Sponsored Advertising | |
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| Conclusion | |
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| Tort Liability for Physical and Economic Harms | |
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| Introduction | |
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| Negligence | |
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| Negligence and the Restatement of Torts | |
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| Causation Issues in Negligence | |
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| Proximate Cause: Responsibility for Negligence | |
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| Defenses to Liability for Negligence | |
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| What Is Negligent Conduct? | |
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| Negligence and Computer Programmers | |
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| Strict Products Liability | |
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| Policy Reasons for Strict Products Liability | |
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| Forms of Product Defects | |
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| The New Restatement of Torts on Products Liability | |
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| Consumer Product Safety Commission Regulations | |
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| Tort Reform Measures | |
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| Examples of Strict Liability Policies in Other Countries | |
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| Strict Products Liability and the Computer Industry | |
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| Intentional Torts Involving Computer Systems | |
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| Trespass by Electronic Robots | |
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| Spam | |
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| Computer Viruses, Trojan Horses, and Worms | |
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| Electronic Coercion and Self-Help | |
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| Conclusion | |
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| Intrusions on Privacy and Other Personal Rights | |
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| Introduction | |
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| A Preliminary Look at Privacy | |
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| Sources of Laws Regulating Privacy | |
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| The Privacy Balance | |
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| Monitoring Communications and Personal Activities in the Workplace | |
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| Monitoring for Efficiency | |
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| Monitoring Internet Activity | |
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| Monitoring E-Mail Communications | |
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| Recommendations Regarding Electronic Monitoring Activities | |
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| Collection of Personally Identifiable Information | |
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| Data Collection on the Internet | |
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| Content Control and the Regulation of Indecent Speech | |
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| The Communications Decency Act of 1996 | |
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| Private Control through Labels and Software Filters | |
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| Child Online Protection Act of 1998 | |
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| Public Libraries and Filtering Software | |
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| Defamation | |
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| Intrusions on Publicity Rights | |
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| Conclusion | |
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| Important Contract Issues for Technology Companies | |
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| Introduction | |
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| Warranties, Limitations, and Remedies | |
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| Express Warranties | |
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| Implied Warranties | |
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| Remedies for Breach of Warranties and Limitations of Remedies | |
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| Shrink-Wrap and Click-Wrap Licenses | |
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| General Principles Regarding Standardized Forms | |
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| Standardized Forms in the Consumer Context | |
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| The Trend in the Courts | |
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| Click-Wrap Licenses | |
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| The Uniform Computer Information Transactions Act | |
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| Electronic Commerce Issues | |
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| Electronic | |
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| Agents | |
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| Mass-Market Licenses | |
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| Warranties | |
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| Other Issues | |
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| Strategic Alliances and the Importance of Alternate Dispute Resolution | |
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| Strategic Alliances | |
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| Alternative Dispute Resolution | |
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| Conclusion | |
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| Antitrust and Anticompetitive Conduct | |
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| Biotechnology: Patent Issues and Other Policy Matters | |
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| Table of Cases | |
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| Index | |