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Ryan J. Reeves, The Dangers of E-Discovery and the New Federal Rules of Civil Procedure, 3 OKLA. J.L. & TECH. 32 (2007)
As applied to software-related inventions, one of the most difficult and persistent issues in patent law is the appropriate scope of 35 U.S.C. § 101, which defines patentable subject matter. Specifically, the law remains unsettled as to whether claims to computer-readable media containing software (often called “Beauregard-type” or “floppy disk” claims) and claims to data signals embodied on carrier waves fall within the scope of § 101 as a general matter. Achieving final resolution of this question has important implications not only for patent law but for a wide swath of the information technology industry, as electronic distribution becomes an increasingly attractive means for dissemination of software. This paper explores the patentability of these Beauregard-type stored software claims under §§ 101 – 103 of the Patent Act through examination of several key Federal Circuit cases and policies of the United States Patent and Trademark Office.
E. Parker Lowe, Emailer Beware: The Fourth Amendment and Electronic Mail, 2 OKLA. J.L. & TECH. 28 (2005)
Mr. Lowe analyzes the Fourth Amendment implications of electronic mail (email). Mr. Lowe argues that the principle that the Fourth Amendment protects people and not mere places leads to the conclusion that there is some amount of Fourth Amendment protection applicable to the contents of private emails.
Alexandra R. Harrington, Courthouses, Bookshelves, and Portals: The Implications of U.S. v. American Library Association on First Amendment Forum Analysis and Future Internet-Based Litigation Strategies, 2 OKLA. J.L. & TECH. 27 (2005)
Alexandra R. Harrington is a 2005 Juris Doctor candidate at Albany Law School of Union University. In this note, Ms. Harrington discusses the arguments in the amici briefs filed in United States v. American Library Association, and analyzes the impact of these arguments on the majority and dissenting opinions in the case. From this analysis, she then draws conclusions as to what types of arguments will be most persuasive to the Court in future cases involving internet-related litigation.
Stacey Knapp, Balancing the Crucible: The Revolving Conflict Between Fair Use and Corporate Use in the Battle to Control Domain Names, 1 OKLA. J.L. & TECH. 10 (2004)
Stacey Knapp obtained her J.D. from Stetson University College of Law located in St. Petersburg, Florida. She is currently working as a sole practitioner in Galena, Illinois. Below, Ms. Knapp explores the conflict concerning the control of domain names (i.e. trademarks) as well as the relationship between businesses and non-mark holder uses under the Uniform Domain Name Resolution Policy (“UDRP”) which has advantaged trademark holders to the detriment of fair use, especially in parody and protest uses.