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  • ...s version published in September 2002. During this seven-year period, case law related to electronic evidence has developed significantly. Of particular n ...tory effect, confers no rights or remedies, and does not have the force of law or a U.S. Department of Justice directive. See United States v. Caceres, 44 ...
    3 KB (438 words) - 12:32, 5 August 2011
  • ...idea behind UCITA that a software transaction is a license of intellectual property rather than a sale of goods. See Softman Products Co., LLC v. Adobe Sys., I ...ting UCC2B consisted of both members from NCCUSL and members of [[American Law Institute]] (ALI). At certain stage of the process, ALI has withdrawn from ...
    2 KB (317 words) - 11:12, 30 October 2011
  • ...2d 866, 868 (2d Cir. 1953), cert. denied, 346 U.S. 816 (1953) (recognizing property right in a baseball player's photograph used on trading cards). ...nees of deceased persons. Civil Code Section 3344.1. New York Civil Rights Law sections 50 and 51 create a private right of action against the nonconsensu ...
    11 KB (1,744 words) - 16:53, 13 April 2011
  • ...e in criminal cases. The purpose of this publication is to provide Federal law enforcement agents and prosecutors with systematic guidance that can help t ...nual reflects that division: Chapters 1 and 2 address the Fourth Amendment law of search and seizure, and Chapters 3 and 4 focus on the statutory issues, ...
    11 KB (1,632 words) - 12:36, 5 August 2011
  • ==Common Law Rule== At common law, one who “repeats” the statements of another is just as responsible for the ...
    6 KB (919 words) - 14:33, 10 April 2011
  • ==Intellectual Property== Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic wor ...
    46 KB (7,265 words) - 12:09, 2 May 2010
  • ...y areas of law and regulation. Some leading topics include [[intellectual property]], [[privacy]], freedom of expression, and [[jurisdiction]]. ...sdictional code, legal practitioners are generally left with a conflict of law issue. ...
    20 KB (2,921 words) - 16:47, 29 August 2014
  • ...at trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable o ...imes be called a service mark, particularly in the United States trademark law. ...
    39 KB (6,281 words) - 14:29, 26 April 2011
  • ...confusingly similar to, or dilutive of, a trademark or personal name. The law was designed to thwart “cybersquatters” who register Internet domain names ...this extended the Federal Trademark Dilution Act substantially, making the law a less-than-ideal fit for protecting trademark owners against cybersquatter ...
    10 KB (1,540 words) - 12:16, 21 March 2011
  • # Marczeski v. Law, 122 F.Supp.2d 315, 327 (D. Conn. 2000) (individual who created private “ch ...n other circuits have found the opposite. See Section 230 and Intellectual Property for details. ...
    38 KB (5,571 words) - 14:45, 10 April 2011
  • ...cing Warner & Co. v. Eli Lilly & Co., 265 U.S. 526 (1924) (applying common law concept of contributory infringement). ...uld not shield ISPs from secondary liability for their users’ intellectual property violations. ...
    8 KB (1,249 words) - 10:18, 13 April 2011
  • ...e mark, and the domain was registered in bad faith. The World Intellectual Property Organization and the National Arbitration Forum are approved by ICANN to co ===Pre-Anti-Cybersquatting Consumer Protection Act case law=== ...
    29 KB (4,582 words) - 10:16, 13 April 2011
  • ...otected computer.”18 U.S.C. § 1030. While the CFAA is primarily a criminal law intended to reduce the instances of malicious interferences with computer s ...that its username and passcode constituted 'trade secret' under California law." Id. Regarding the CFAA claim, the court held that "Plaintiff's allegation ...
    53 KB (7,910 words) - 21:25, 13 April 2011
  • ...r 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended [[Title 17 ...mances and Phonograms Treaties Implementation Act]], amends U.S. copyright law to comply with the WIPO Copyright Treaty and the WIPO Performances and Phon ...
    26 KB (3,969 words) - 11:00, 30 October 2011
  • ...d in Canada constituted an act of direct infringement under U.S. copyright law. The court concluded that the potential infringement at issue did not occur ...hold the mirror." Pamela Samuelson, Legally Speaking: The NII Intellectual Property Report, COMMUNICATIONS OF THE ACM, at 21, (Dec. 1994). ...
    27 KB (4,215 words) - 07:04, 11 April 2011
  • ...n the US are incorporated under corporate administration friendly Delaware law, and because the US's wealth has been increasingly securitized into various ...in society. Berle and Means' monograph "The Modern Corporation and Private Property" (1932, Macmillan) continues to have a profound influence on the conception ...
    45 KB (6,604 words) - 15:20, 15 April 2010
  • ...ement plays an essential role in protecting an organization’s intellectual property and information assets and subsequently, the business mission, from informa ...bilities, otherwise known as the means, the motive, and the opportunity in law enforcement circles, is an employee or third party with access to the centr ...
    23 KB (3,630 words) - 10:19, 27 October 2012
  • ...statute when, on occasion, it would stifle the very creativity which that law is designed to foster.” Campbell, 510 U.S. at 577 (internal quotation marks ...uoting Leval, Toward A Fair Use Standard, 103 Harv. L. Rev. 1105 (1990), a law review article cited in Campbell). A transformative work must add something ...
    31 KB (4,913 words) - 07:20, 11 April 2011
  • ...") is an [[Act of Congress|Act of the U.S. Congress]] that was signed into law by [[George W. Bush|President George W. Bush]] on October 26, 2001. The tit ...ired (to) Intercept (and) Obstruct Terrorism ''Act of 2001''.<ref>[[Public Law]] {{USPL|107|56}}</ref> ...
    142 KB (21,198 words) - 10:23, 23 August 2011
  • ...s contraband (such as child pornography) or because the computer is stolen property; ...___, 2009 WL 2151348 (9th Cir. July 21, 2009), the Ninth Circuit held that law enforcement is not necessarily entitled to examine a computer that may cont ...
    138 KB (21,660 words) - 13:18, 5 August 2011