Archive for the 'Student Publications' Category

Publication Announcement

Congratulations to the Syracuse Science and Technology Law Reporter members selected for publication in Volumes 21 & 22 of The Reporter:

Notes

Olivia Y. Truong: Virtual Inheritance: Assigning More Virtual Property Rights
Alison Taroli: Obvious Fallacy: Improving the Standard of Obviousness for Chemical Compounds to More Accurately Reflect Common Practice in the Art
Ju-Hyun Yoo: The Science of Identifying People by Their DNA, A Powerful Tool for Solving Crimes, Including Cold Cases From the Civil Rights Era
Emily Prudente: Open Source or Open Season? What legal professionals need to know about open source software before dealing in corporate transactions and the ramifications of GPLv3

Note Alternates

Jason Denrich: The Case for EBay: Domestic and International Disputes Concerning the Contributory Liability of Online Marketplaces for the Trademark Infringement of Users
Antonette Naclerio: Intuition Says, “First, Do No Harm:” Implications of Making Clinical Decision Support Systems Standard Practice through Health IT

Book Reviews

Heather Giglio, reviewing The Stem Cell Dilemma: Beacons of Hope or Harbingers of Doom?, by Leo Furcht & William Hoffman
Susan Azzarelli, reviewing Against Intellectual Monopoly, by Michele Boldrin & David K. Levine
Caitlyn Whitehead, reviewing The Future Control of Food: A Guide to International Negotiations and Rules on Intellectual Property, Biodiversity and Food Security, edited by Geoff Tansey & Tasmin Rajotte
Susan Azzarelli, reviewing Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, by James Bessen & Michael J. Meurer

Book Review Alternates

Heather Giglio, reviewing Body Shopping: The Economy Fueled by Flesh and Blood, by Donna Dickenson
Mallorie Rulison, reviewing Digital Rights Management: The Problem of Expanding Ownership Rights, by Christopher May

Indigenous Knowledge Systems and Intellectual Property in the Twenty-First Century: Perspectives from Southern Africa

Book Review By: Garth Mashmann

Abstract: This book is a collection of papers written by South African professors regarding Indigenous Knowledge Systems and indigenous peoples’ rights to Intellectual Property protection. The articles focus on the tension between existing intellectual property regimes and indigenous knowledge systems, highlighting the fact that African concepts of ownership are significantly different from Western concepts. Systems which protect intellectual property rights in the West are not adaptable to Africa. Many of the articles call for significant change in national and international intellectual property regimes.

About the Authors: John Kiggundu is a professor at the University of Botswana and is a professor in the department of law. After studying Law at Makerere University he earned his Doctorate in Law from Queen Mary and Westfield College in 1985. He then taught at South Bank University, London. He specializes and has been published in Company Law, Intellectual Property, Mercantile Law, and Private International law.

Mogomme Alpheus Masoga has a PhD and was employed by the National Research Foundation in Pretoria, South Africa.

Kgomotso Moahi is a lecturer at the University of Botswana and teaches health information systems and information science. She has earned a PhD and is the head of the Department of Library and Information Studies.

Isaac Mazonde is Director of Research and Development at the University of Botswana where he has been an associate professor since 1978.

Siamisang Morolong has lectured on the topics of Property Law, Intellectual Property Law, Business Law and Environmental Law at the University of Botswana.

Mogege Mosimege is the manager of the Bilateral Relations Unit in the Department of Science and Technology in South Africa. He has been extensively involved in the Indigenous Knowledge Systems debate and helped to develop IKS Policy in South Africa. His research focuses on ethnomathematics.

Otsile Ntsoane has researched and published widely on Indigenous Knowledge Systems and technology transfer. He is Deputy Director in the Department of Science and Technology in Pretoria, South Africa.

Francis B. Nyamnjoh has published widely in Cameroon and Botswana and taught sociology, anthropology and communication studies. He is an Associate Professor and Head of Publications and Dissemination with the Council for the Development of Social Science Research in Africa (CODESRIA).

Wapula Nelly Raditloaneng is currently a lecturer at the University of Botswana in Adult Education.

Alinah K. Segobye is a member of the Archeology Unit of the Department of History at the University of Botswana.

Pradip Thomas has published articles and books relating to intellectual property and communication rights. He is an Associate Professor at the School of Journalism & Communication at the University of Queensland.

[download PDF]

Wired Shut: Copyright and the Shape of Digital Culture

Book Review by: Garth Mashmann

Abstract: Wired Shut discusses digital rights management and its effects on culture. Throughout the book, technologies are examined in a broad context. After discussing the Internet and its foundations generally, Gillespie questions the decisions that have been made regarding the Internet. After explaining how file sharing became demonized in public opinion, Wired Shut describes the history of three different trusted systems which have met different ends. The cultural implications of Digital Rights Management are considered.

About the Author: Tarleton Gillespie, an Assistant Professor at Cornell University in the Department of Communication, has affiliations with the department of Science and Technology Studies and Information Science Program. Gillespie is also a Fellow with the Center for Internet and Society at Stanford Law School.

NOTE: Footnotes in this abstract were omitted.
[download PDF]

Steal This Music: How Intellectual Property Law Affects Musical Creativity

Book Review By: Paul G. Lyons

Abstract: Musicologist Joanna Demers introduces the reader to the world of transformative appropriation, where artists and arrangers borrow from other musical works. The author, through a careful study of various musicians, warns the reader of the possible negative effects of increasingly protective IP law. Her research of IP law and the affect on musical and cultural creativity aims to make readers aware of a threat that could potentially stifle transformative appropriation and the creation of new musical works in general.

About the Author: Joanna Demers is an Assistant Professor of Musicology at the University of Southern California’s Thornton School of Music. Her work focuses on 20th and 21st century popular music as well as intellectual property rights. In 2002, she received her PhD in musicology from Princeton University, and her doctoral dissertation, Sampling as Lineage in Hip-hop, received the Alvin Johnson AMS 50 Fellowship in 2001. Ms. Demers contributes significantly to the music and intellectual property community. Her work has appeared in Popular Music, the Journal of Popular Music, and the Social Science Research Network.

[download PDF]

Wind Power in Europe: Politics, Business and Society

Book Review By: Cristin Cavanaugh

Abstract: This book provides an overview of the policy and legal aspects of wind power in Europe, through the illustration of case studies in Denmark, Germany, Spain, United Kingdom and France.

About the Author: Joseph Szarka’s research and teaching concentrates on political renewal in Western democracies, with a focus on economic and environmental policy making. He also is a reader in European Studies at the University of Bath, UK.

[download PDF]

Innovative Synergy: Patent Protection and Cost Subsidies Working Together to Stimulate Technological Advancement

By: Dustin J. Friedland
The United States Constitution gives Congress many powers, including the powers to tax and spend for the good of the public, and the power to facilitate technological and intellectual innovation. Both of these powers are exercised in the form of incentive systems to induce certain conduct by the states and/or private entities. Like any incentive system, both patent protection and federal subsidies involve trade-offs between the recipients and the federal government. However, the patent system and the spending power have yet to be used in conjunction with one another. This note proposes that using these two powers to complement one another would further the goals of both powers; namely, to promote innovation by private entities, particularly in fields that facilitate widespread social utility.

[view abstract]|[download PDF]

Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability

By Tara E. Lynch

Falsely alleging that one has committed a crime of moral turpitude, carries a loathsome or contagious disease, or lacks integrity or ability in her trade or profession are widely recognized by lawyers and journalists as classic examples of per se defamation. Imagine, for example, two female law students walking into your office, alleging that twenty-eight different people had published statements that they carried various venereal diseases, had effectively bought their way into law school despite poor LSAT scores, and had engaged in sexual relationships with the law school’s deans. In theory, so long as these statements are false, this class of per se defamation suit seems at first blush easily won. That is until you ask who their alleged defamers are. They reply: “Pauliewalnuts,” “neoprag,” “Remember when I said I would kill you last? I Lied.,” “The Ayatollah of Rock-n-Rollah,” “DRACULA,” “Sleazy Z . . .”. Welcome to defamation in the Internet age.

[view abstract] |[download PDF]

Fall 2008 Case Brief Summaries Selected for Publication

The following is a list of Student Case Brief Summaries that have been selected for publication by the Syracuse Science and Technology Law Reporter for Fall 2008:

Student Case Briefs Selected for Publication:

Operation D-Elite Results in Jail Time for BitTorrent Admin
By Jessie B. Sweetland
[download PDF]

New Brain Scan Technique Used as Evidence in India Court
By Caitlyn Whitehead
[download PDF]

In Re Swanson: The Federal Circuit Permits Re-Examination of Recycled Art
By Jennifer Reimers
[download PDF]

In Re Swanson: The Federal Circuit‟s First Chance to Evaluate the Scope of the Amended “Substantial New Question of Patentability”
By Heather Giglio
[download PDF]

eBay is Not Responsible for Self-policing Trademark Infringement
By Jason Denrich
[download PDF]

Cupcake Copycats
By Susan C. Azzarelli
[download PDF]

Comcast Sues FCC in Attempt to Reverse P2P Ruling
By Zac Champ
[download PDF]

United States Patent and Trademark Office Revises Rules
By Gabrielle Meury
[download PDF]

Taking a Load Off Students’ Backs: Legal Textbooks in Electronic Form
By Ravi Patel
[download PDF]

One-third of University Patent Discoveries Diverted to Private Firms
By Olivia Y. Truong
[download PDF]

Music Industry Wins Key Decision in Digital World
By Joshua Meredith
[download PDF]

Egyptian Goddess v. Swisa: Design Patent “Point of Novelty” Infringement Test Rejected in Favor of “Ordinary Observer” Test
By Alison M. Taroli
[download PDF]

Court of Appeals for the Federal Circuit Revises Design Patent Infringement Tests
By Elizabeth A. Urciuoli
[download PDF]

Cases Shaping the Understanding of Provisional Patent Rights
By Dennis J. Parad
[download PDF]

Verizon v. Cox Communications: A Win for the „Little‟ Guy
By Rocky T. Baye Jr.
[download PDF]

Richard Minsky v. Linden Research, Inc: Parties Agree to Keep Temporary Restraining Order Action Until Trial
By Ariel Lin
[download PDF]

President Bush Signs the Prioritizing Resources and Organization for Intellectual Property Act (“PRO-IP Act”) Into Law
By Ju-Hyun Yoo
[download PDF]

Jacobsen v. Katzer – Offering Guidance on the Enforceability of Open Source Software Licenses
By Emily C. Prudente
[download PDF]

Jacobsen v. Katzer: Model Trains and the Enforceability of Open Source Software License Conditions Through Copyright Law
By Kevin Tully
[download PDF]

In Re Bilski: Federal Appeals Court Scales Back “Business Method” Patents
By Sarah E. Treptow
[download PDF]

Google, Authors Guild, and Association of American Publishers Reach Copyright Settlement
By Antonette Naclerio
[download PDF]

Viacom International v. YouTube Inc.: YouTube Copying the Tube?
By Mohammed Uddin
[download PDF]

Assessing the Legality of the President’s Terrorist Surveillance Program: Balancing the Protection of Individual Liberties Against Improving National Security Through Electronic Surveillance

By Steven J. Porizo

The Terrorist Surveillance Program (TSP) is a high-tech communication signals intelligence program that we still know little about since it remains highly classified to this day. However, we do know that the TSP, by using classified and extremely cutting edge technology, “intercepts without benefit of warrant or other judicial approval, prior or subsequent, the international telephone and internet communications of numerous persons and organizations within this country.” The government on several occasions indicated that the TSP has been in place from at least 2002.

Legal analysis related to the validity of the TSP is an important and contemporary issue. A case that directly challenged the legality of the TSP was decided against the government in a federal District Court and was subsequently appealed to a U.S. Circuit Court. This is an issue that should concern all Americans as it directly impacts the government’s ability to protect its citizens home and abroad, yet also raises privacy concerns that all individuals cherish. Understanding the legal contours of the TSP requires finding a very delicate balance between these two paramount and fundamental objectives. In this case, it appears that the government’s need for intelligence to protect the U.S. and its citizens against future terrorist attacks takes precedence over individual’s privacy interests.

[view abstract] | [download PDF]

New Syracuse Science and Technology Law Reporter Student Notes and Book Reviews Selected for Publication

The following is a list of those student notes and book reviews selected to be published in the 2008-2009 by the Syracuse Science and Technology Law Reporter:

Student Notes Selected for Publication:

  • Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability, By Tara Lynch
  • Innovative Synergy: Patent Protection And Cost Subsidies Working Together To Stimulate Technological Advancement, By Dustin Friedland
  • Copyright Infringement and Bankruptcy: The Meaning of Willful in Two Statutory Schemes, By Caitlin McGowan
  • For the First Time in Over Sixty Years the Supreme Court Reviews the Doctrine of Patent Exhaustion: LG Electronics v. Quanta Computer, By Phil Semprevio

Alternates Notes Selected for Publication:

  • Free Access to the Law: Giving to the People What They Themselves Create, By Nick Evanovich
  • Google Earth, The Realm of Satellite Imagery in Both Governmental and Commercial Applications: A Tool for Generally Improving Life and Aiding in Search Efforts, or Simply a New Mechanism by Which Terrorists Can Benefit?, By Zach Oberman

Book Reviews Selected to be Published:

  • Garth Mashmann, reviewing: Indigenous Knowledge Systems and Intellectual property in the Twenty-First Century: Perspectives from Southern Africa, edited by: Isaac Mazonde & Pradip Thomas.
  • Garth Mashmann, reviewing: Wired Shut: Copyright and the Shape of Digital Culture, by: Tarleton Gillespie.
  • Cristin Cavanaugh, reviewing: Wind Power in Europe: Politics, Business and Society, by: Joseph Szarka
  • Paul Lyons, reviewing: Steal This Music: How Intellectual Property Law Affects Musical Creativity, by Joanna Demers

Alternate Book Reviews:

  • Cristin Cavanaugh, reviewing: Farmers’ Guide to Wind Energy: Legal Issues in Farming the Wind, by: Jessica A. Shoemaker
  • Gretal Kinney, reviewing: Biobazaar, by: Janet Hop

Please join us in congratulating all of the above SSTLR editors selected to have their work published!