Vol 7 No 1 - Roger Williams University School of Law

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ROGER WILLIAMS UNIVERSITYLAW REVIEWVOLUME SEVEN FALL 2001 NUMBER ONETABLE OF CONTENTSSYMPOSIUM — INFORMATION AND ELECTRONICCOMMERCE LAW: COMPARATIVEPERSPECTIVESIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .David A. RiceDatabase Protection in theDigital Information Age . . . . . . . . . . . . . . . . . . . . . .Charles R. McManisDigital Property:The Ultimate Boundary? . . . . . . . . . . . .. . . . . . . . . . .Brian F. FitzgeraldWhat the Future Holds: PolicyChoices in the Global E-Marketplace . . . . . . . . . Maureen A. O’RourkeTaking UCITA on the Road:What Lessons Have We Learned? . . . . . . . . . . . . . . . . .Amelia H. BossNOTES AND COMMENTSMaking Waves In Statutory Safe Harbors:Reevaluating Internet Service Providers’Liability for Third Party Content andCopyright Infringement . . . . . . . . . . . . . . . . . . . . . . . . . .Lucy H. HolmesFBI’s Carnivore: Is the Government EatingAway Our Right <strong>of</strong> Privacy? . . . . . . . . . . . . . . . . . . . .Patricia K. HolmesPagev
Page 3: ROGER WILLIAMS UNIVERSITYLAW REVIEW
Page 8 and 9: Emily J. Sack, B.A., Swarthmore Col
Page 11 and 12: Symposium - Information andElectron
Page 13 and 14: speaker presentations.The Symposium
Page 15 and 16: copyright law. Professor McManis th
Page 17 and 18: Database Protection in the DigitalI
Page 19 and 20: property right, the Database Direct
Page 21 and 22: competition which would justify app
Page 23 and 24: arrangement.21In so holding, the Co
Page 25 and 26: protect their investments. Ironical
Page 27 and 28: communication while it is in electr
Page 29 and 30: in an instruction manual, which lim
Page 31 and 32: created by the EU Database Directiv
Page 33 and 34: facts would be of little or no use.
Page 35 and 36: Medical Association (AMA) licenses
Page 37 and 38: in them. They provide the quantitat
Page 39 and 40: facts are selected, refined and arr
Page 41 and 42: integration of modern computing tec
Page 43 and 44: copyright law.129 The sui generis r
Page 45 and 46: copyright protection has not been a
Page 47 and 48: evaluated by a multi-factor test th
Page 49 and 50: purpose to be achieved.163 By contr
Page 51 and 52: prohibit misappropriation of real-t
Page 53 and 54: contrary, U.S. database producers w
Page 55 and 56:
industries. As electronic databases
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Digital Property: The UltimateBound
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“Copyrights.” Trademarks are co
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(at least) four (imperfect yet usef
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the brow” claims in those countri
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authorship of an altered work and a
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GNU General Public Licence (GPL), c
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emains whether any purpose or ratio
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ideas. Copyright law has long taken
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in 1996, the World Intellectual Pro
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case, the defendants had produced C
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that if creativity is not required
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Act, 1987 (“the Varieties Act”)
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51(xviii) of the Constitution with
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C. The Length of Time a Property Ri
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its interpretation of the substanti
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of a limited term and in certain ci
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interest of the property holder.107
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traffic in unauthorized recordings
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definition of the word. In fact, si
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Clause.135 The court reviewed the t
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econciled the authorities, saying:W
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constitutional concept, is somethin
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communicating—in constructing kno
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Publishers Inc. v. Nation Enterpris
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site, but after an interim injuncti
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existence of competing constitution
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These laws also make an important s
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eing the ultimate criterion.187 The
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corporations in their exercise of p
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violation would then eliminate ISOs
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court recognized the copyright owne
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efusal to deal. In that case, Intel
Page 121 and 122:
demand access to the property or pr
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ISO and Intergraph can be contraste
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Third, and finally, as the Court of
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the power substantially to control
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over applications development and a
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engineer the industry standard soft
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occurred was legitimate because it
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platforms such as Linux.289 They ar
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y the later enactment of the DMCA t
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has been greatly concerned with the
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was evident;312Did they sell the te
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and the information may only be use
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cases where the manner of collectio
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capital.343 While there may be no r
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agreement.351 Shrink-wrapped around
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Assigned Names and Numbers (ICANN)3
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fee-based service for businesses to
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or policies upon which the contract
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principle in the digital/crypto wor
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unknown quality i.e., informational
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ISP explains that they are not a st
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. . . .For again, in real space, on
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What the Future Holds: PolicyChoice
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Divide” both domestically and out
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Multilateral Initiatives.13The DOT
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Communication Act’s provisions.22
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spectrum.35 However, the Bush admin
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enefits of the particular activity
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E-tailers also face difficulties in
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eliminate copyright fair use, adver
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the international context), then th
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I. A BIT OF BACKGROUNDOver the last
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information policy issues—increas
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decisions on fundamental issues—s
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product.22 Whether or not one agree
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decision could not be clearer. Foll
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Code might be adapted to cover info
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sales Convention needs to be update
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ecause of a recognition of the cont
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course, wanted to keep its scope na
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Contract FormationThe second area o
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to define any conduct as assent in
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is mandated in certain instances.76
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lauded by some as a step forward fo
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others, the Federal Trade Commissio
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ights are suspect.103 Other attempt
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narrowed scope, however, there are
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persistent questions raised about U
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competition policy.130It is in this
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can “take out” a licensee—put
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international level, it is necessar
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correction procedure,157 as does th
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commentator noted:By applying natio
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Notes and CommentsMaking Waves In S
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the safe harbor provisions limiting
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The court held that CompuServe acte
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this section, Congress provided tha
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distributor, but rather as a partic
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due to its status as an Internet se
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There are several different factors
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authorization.100 Frena defended hi
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known infringement.117 Thus, the co
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Geneva during December, 1996.133 Th
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provider must not initiate, select,
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standard for each of the member sta
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a result, under the current interpr
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infringements without secure knowle
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publisher of the statement in quest
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CONCLUSIONThe Internet has continua
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online and more personal informatio
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network where data from a suspect n
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Issue 2 - General Warrant Search of
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Internet addressing and transaction
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digits and bank records, URL inform
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determinative factors has been furt
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computer to the ISP is its numerica
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decisions, however, warrantless sea
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content of certain electronic commu
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analysis are the privacy protection
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has to state a “likelihood of fai
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conversations, of which 223 minutes
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Second, ISPs should be given some c
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Vol 7 No 1 - Roger Williams University School of Law

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