On July 25, 2002, Representative Howard Berman (DCalif.) introduced a bill that would protect copyright owners from legal action stemming from “blocking, diverting or otherwise impairing the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer (“P2P”) file trading network.”2 The bill, known as H.R. 5211, has …

Today, Internet-based radio broadcasters are caught in a royalty rate fight. Internet radio broadcasters are making a name for themselves by introducing America to new forms of music. The number of daily listeners continues to swell. In 1999, the Arbitron Company, a premier media and marketing research firm, estimated that thirty-five percent, or approximately 29 …

Fifteen years ago, state legislatures around the country had either recently passed, or were considering, legislation to protect consumers from purchasing “lemon” cars. In 1985, “[d]isputes over automobile warranties constitute[d] some of the most intractable problems that [arose] between manufacturers and consumers.” By 1993, all fifty states and the District of Columbia had passed lemon …

E-democracy is proclaimed as the next thing. It is taken as one of the most efficient avenues through which modern democracies can enhance their participatory profile. This assertion is driven by a broadening dissatisfaction with the state of “modern democracy.” Our democratic institutions are unable, so the critics argue, to produce the kind of legitimacy …

Although the Internet has opened up new opportunities for both businesses and consumers, it also has made possible a tremendous expansion in the market for personal information that many regard as unfortunate and threatening. The computerization of information has made collecting, storing, processing, and transmitting information vastly cheaper. Since lower prices tend to provide greater …

Since the peak of the NASDAQ in March of 2000, many technology companies have found either that they cannot raise enough capital to implement their business plans or that they have an untenable business plan. Some have simply shut their doors and gone out of business, while others have filed for bankruptcy. Either way, these …

It is becoming increasingly difficult to find a grocery store where consumers can take advantage of special discounts without first handing over a frequent shopper card for scanning. While many may consider this grocery store technology a new form of coupon clipping, few stop to consider the privacy implications. Grocery store technology, like technology in …

Conflicting standards of claim construction confuse patent practitioners and the patent holders they represent about the scope of the patent’s protection. In particular, claim construction canons establishing the relationship between the claims and the written description in determining the scope of protection are unclear. In a recent case, Teleflex, Inc. v. Ficosa North America Corp., …

An estimated 2.3 billion spam electronic messages (emails) are sent daily. An average Internet user is likely to receive approximately 1,500 spam e-mails by 2006. Spam e-mail has increased an incredible 450% in the year between summer 2001 and summer 2002. According to a recent European Union study, the cost to consumers and businesses of …

The Virtual Magistrate (“VMAG”) project was the first pioneer to grapple with notions of a fully virtual private court, but it was unsuccessful in attracting interested disputants or in achieving its goal of serving as a conflict resolution portal for the online community. Will the Michigan Cyber Court end up as just another quirky footnote …