Cover

Title Page

Copyright

Contents

Preface

CHAPTER 1 An Overview of the Technology Policy Environment in the United States

Introduction

The Intellectual Property System

The Public Policy Process in the United States

The Rising Importance of the First Amendment in Technology Policy Disputes

Two Running Examples

Conclusion

CHAPTER 2 The International Technology Policy Environment

Introduction

Unilateral Measures:Actions Against Imports into the United States

Bilateral Arrangements and the Importance of Trade Sanctions

Multilateral Approaches

International Law and the Internet

Conclusion

CHAPTER 3 Fundamental Requirements for Patent Protection in the United States

Introduction

Overview of Patent Policies and Processes

Novelty

Nonobviousness

Patentable Subject Matter and Utility

Design Patents

Conclusion

CHAPTER 4 Obtaining and Defending Patent Rights in the United States and Globally

Introduction

The Patent Application Process:Initial Considerations

Elements of the Patent Application

PTO Procedures and Appeals

Loss of Patent Rights

Infringement and Remedies

International Patent Protection Issues

Conclusion

CHAPTER 5 Patent Protection for Computer Programs and Internet Business Methods

Introduction

Patent Protection for Computer Programs:The Long and Winding Road

Other Issues Regarding Patents for Computer Programs

Patent Protection for Internet Business Methods

Conclusion

CHAPTER 6 Protection of Secret Information

Introduction

Rationales for Trade Secret Laws

Important Aspects of Trade Secret Laws

Trade Secret Protection Measures

Federal Economic Espionage Act

International Trade Secret Protection

Concluding Remarks About Trade Secret Protection

Presenting Unsolicited Ideas to Third Parties

Conclusion

CHAPTER 7 Fundamental Aspects of Copyright Protection

Introduction

What May be Protected by Copyright

Copyright Protection of Product Designs

Rights Provided by Copyright

Fair use and Other Exceptions to Copyright Protection

Copyright Ownership

How to Obtain Copyright Protection

Infringement and Remedies

Conclusion

CHAPTER 8 Copyright Protection for Computer Programs and Digital Media

Introduction

The Importance of Distinguishing Ideas from Expressions in Computer Programs

The Original Approach in Computer Copyright Cases

The Revised Trend in Computer Copyright Cases

Reverse Engineering of Computer Programs and Clean-Room Techniques

Digital Remixing of Copyrighted Content

Conclusion

CHAPTER 9 Copyright and the Internet

Introduction

Legal Responsibility for the Wrongful Conduct of Others

The Controversies Over Video Recording Devices

The Controversies Over Audio Recording Devices

Online Service Provider Liability

Responsibility for Copyright Infringements on Peer-to-Peer File-Sharing Networks

The DMCA and Copyright Protection Technologies

Internet Linking Issues

Conclusion

CHAPTER 10 Protecting Trademarks and Product Designs in International Markets

Introduction

Fundamental Principles of Trademark Protection

Trademark Protection of Trade Dress and Product Designs

Federal Registration:Standards and Procedures

Trademark Infringement and Remedies

International Aspects of Trademark Protection

Conclusion

CHAPTER 11 Domain Names and Other Trademark Issues on the Internet

Introduction

The Initial Problems with the Internet Domain Name System

ICANN Addresses Domain Name Registration Issues

Using Trademarks in Metatags

Search Engines and Sponsored Advertising

Responsibility of Interent Auction Sites for Trademark Infringement

Other Recent Trademark Issues

Conclusion

CHAPTER 12 Tort Liability for Physical and Economic Harms

Introduction

Negligence

Strict Products Liability

Intentional Torts Involving Computer Systems

Conclusion

CHAPTER 13 Intrusions on Privacy and Other Personal Rights

Introduction

A Preliminary Look at Privacy

Monitoring Communications and Personal Activities in the Workplace

Collection of Personal Information from the Internet

Content Control and the Regulation of Indecent Speech

Defamation

Other Violations of Personal Rights

Conclusion

CHAPTER 14 Important Contract Issues for Technology Companies

Introduction

Warranties,Limitations,and Remedies

Shrink-Wrap and Click-Wrap Licenses

The Uniform Computer Information Transactions Act

Strategic Alliances and the Importance of Alternate Dispute Resolution

Conclusion

CHAPTER 15 Antitrust and Anticompetitive Conduct

Introduction

Overview of Antitrust

Application of the Antitrust Laws

The Antitrust Debate about Microsoft

International Dimensions of Antitrust

Intellectual Property:Antitrust and the Doctrine of Misuse

Conclusion

CHAPTER 16 Biotechnology:Patent Issues and Other Controversies

Introduction

Basics of Genetic Engineering

Biotechnology Patent Issues

Biological Safety and Diversity

Food:Labeling and Other Regulatory Matters

Cloning:Advances and Controversies

Genetic Testing,Discrimination,and Behavioral Issues

Conclusion

Table of Cases

Index