The Tunis Agenda for the Information Society belongs in the realm of the few, but very important documents, that promote human reason, human rights and international law. Human rights concepts may be identified within the document as a social achievement of progression toward a common good. This progression toward an apotheosis represents a reminder that the world community must apply human rights standards to any accepted model for the management of the Internet, and yet, as we examine the entire "social process" and potential obstacles to the realization of the goals enshrined in the Tunis Agenda, we uncover the root of its message. These obstacles, within the Tunis Agenda, must be tackled within the context of a "geographical, political, religious, or intellectual" divide, and must be addressed as challenges, that impede the "path of human interaction" toward the effective "imagination of alternatives" and the potential for the arrangement of a workable road map that aims at approximating "a public order of human dignity, maximizing access to all things humans value."
{"title":"RISING TOWARD APOTHEOSIS: THE DECONSTRUCTION OF THE WSIS TUNIS AGENDA FOR THE INFORMATION SOCIETY","authors":"Roy Balleste","doi":"10.5195/TLP.2012.95","DOIUrl":"https://doi.org/10.5195/TLP.2012.95","url":null,"abstract":"The Tunis Agenda for the Information Society belongs in the realm of the few, but very important documents, that promote human reason, human rights and international law. Human rights concepts may be identified within the document as a social achievement of progression toward a common good. This progression toward an apotheosis represents a reminder that the world community must apply human rights standards to any accepted model for the management of the Internet, and yet, as we examine the entire \"social process\" and potential obstacles to the realization of the goals enshrined in the Tunis Agenda, we uncover the root of its message. These obstacles, within the Tunis Agenda, must be tackled within the context of a \"geographical, political, religious, or intellectual\" divide, and must be addressed as challenges, that impede the \"path of human interaction\" toward the effective \"imagination of alternatives\" and the potential for the arrangement of a workable road map that aims at approximating \"a public order of human dignity, maximizing access to all things humans value.\"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129369296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"WITHDRAWN: MOBILE REMITTANCES AND DODD-FRANK: REVIEWING THE EFFECTS OF THE CFPB REGULATIONS","authors":"C. Richard","doi":"10.5195/TLP.2011.99","DOIUrl":"https://doi.org/10.5195/TLP.2011.99","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125430163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Front Matter Volume XII Fall 2011","authors":"J. Jtlp","doi":"10.5195/TLP.2012.89","DOIUrl":"https://doi.org/10.5195/TLP.2012.89","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125602711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The United States patent system has increasingly been faced with complications presented by a type of non-practicing entity known as ‗patent trolls‘—patent owner entities that do not actively innovate, develop or manufacture patented material but instead seek to profit from patent ownership through licensing agreements and litigation. This article explores arguments on both sides of the non-practicing entity debate and evaluates perceptions of this activity as both an accessible secondary commodities market and a litigation-based business model.
{"title":"DIMINISHING THE ATTRACTIVENESS OF TROLLING: THE IMPACTS OF RECENT JUDICIAL ACTIVITY ON NON-PRACTICING ENTITIES","authors":"H. Forsberg","doi":"10.5195/TLP.2012.94","DOIUrl":"https://doi.org/10.5195/TLP.2012.94","url":null,"abstract":"The United States patent system has increasingly been faced with complications presented by a type of non-practicing entity known as ‗patent trolls‘—patent owner entities that do not actively innovate, develop or manufacture patented material but instead seek to profit from patent ownership through licensing agreements and litigation. This article explores arguments on both sides of the non-practicing entity debate and evaluates perceptions of this activity as both an accessible secondary commodities market and a litigation-based business model.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127358141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"WITHDRAWN: TAXING VIRTUAL WORLDS: CAN THE IRS PWN YOU?","authors":"Eric G. Roscoe","doi":"10.5195/TLP.2011.92","DOIUrl":"https://doi.org/10.5195/TLP.2011.92","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122766774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article examines the balance between advancing one's arguments that a patent is invalid for lack of enablement and also arguing that a patent is invalid under 35 U.S.C. § 103 as being obvious over the prior art. This is significant with regards to arguments made by an expert in his or her expert report or at trial. A clear litigation strategy is thus recommended prior to reaching the expert report stage in a patent litigation.
{"title":"HARMONIZING THE DOCTRINES OF ENABLEMENT AND OBVIOUSNESS IN PATENT LITIGATION","authors":"Roy D. Gross","doi":"10.5195/TLP.2012.97","DOIUrl":"https://doi.org/10.5195/TLP.2012.97","url":null,"abstract":"This Article examines the balance between advancing one's arguments that a patent is invalid for lack of enablement and also arguing that a patent is invalid under 35 U.S.C. § 103 as being obvious over the prior art. This is significant with regards to arguments made by an expert in his or her expert report or at trial. A clear litigation strategy is thus recommended prior to reaching the expert report stage in a patent litigation.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122482376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"WITHDRAWN: CODING FOR LIFE - SHOULD ANY ENTITY HAVE THE EXCLUSIVE RIGHT TO USE AND SELL ISOLATED DNA?","authors":"Douglas L. Rogers","doi":"10.5195/TLP.2011.93","DOIUrl":"https://doi.org/10.5195/TLP.2011.93","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115517749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Many Americans use smartphones for a variety of personal, recreational, and business affairs. While the increasing popularity of smartphones and mobile technology has advanced communication, new uses have created privacy breaches of personal and consumer information. This article examines the different ways that American smartphone users use their mobile devices as well as the various types of data created. This article also explores the vulnerabilities faced by smartphone users. Vulnerabilities occur through the use of traditional hacking and malware, but can extend to the collection and dissemination of personal and consumer information by smartphone applications. The article concludes by examining different solutions for privacy breaches. Some solutions may be implemented on an individual or institutional level. Other solutions to privacy breaches require the enforcement and extension of legislation upon telecommunication companies and application developers.
{"title":"SMARTPHONE USAGE AND THE NEED FOR CONSUMER PRIVACY LAWS","authors":"L. Gómez-Martín","doi":"10.5195/TLP.2012.96","DOIUrl":"https://doi.org/10.5195/TLP.2012.96","url":null,"abstract":"Many Americans use smartphones for a variety of personal, recreational, and business affairs. While the increasing popularity of smartphones and mobile technology has advanced communication, new uses have created privacy breaches of personal and consumer information. This article examines the different ways that American smartphone users use their mobile devices as well as the various types of data created. This article also explores the vulnerabilities faced by smartphone users. Vulnerabilities occur through the use of traditional hacking and malware, but can extend to the collection and dissemination of personal and consumer information by smartphone applications. The article concludes by examining different solutions for privacy breaches. Some solutions may be implemented on an individual or institutional level. Other solutions to privacy breaches require the enforcement and extension of legislation upon telecommunication companies and application developers.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123541679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judge Nora Barry Fischer has served as a district judge for the United States District Court for the Western District of Pennsylvania since 2007, when she was appointed by President George W. Bush. Prior to her service as a district judge, Judge Fischer worked as a legal editor at Callaghan & Company, was a partner in private practice at Meyer Darragh Buckler Bebenek & Eck, and was an equity partner at Pietragallo Bosick & Gordon. Additionally, Judge Fischer worked as a trained mediator and arbitrator in Pennsylvania and West Virginia. Judge Fischer is a Fellow of the American College of Trial Lawyers, an active member of the Executive Women’s Council of Pittsburgh, a past President of the Academy of Trial Lawyers of Allegheny County, and a member of the Pennsylvania Bar Association Commission on Women in the Profession, where she serves on the Mentoring Subcommittee. She received a Bachelor of Arts Degree magna cum laude from Saint Mary’s College, and a JD degree from Notre Dame Law School in 1976.
{"title":"Perspectives from the Bench: Technology in the Pittsburgh Courtroom An Interview with the Honorable Nora Barry Fischer, District Judge for the United States District Court for the Western District of Pennsylvania","authors":"Katie Angliss","doi":"10.5195/TLP.2011.65","DOIUrl":"https://doi.org/10.5195/TLP.2011.65","url":null,"abstract":"Judge Nora Barry Fischer has served as a district judge for the United States District Court for the Western District of Pennsylvania since 2007, when she was appointed by President George W. Bush. Prior to her service as a district judge, Judge Fischer worked as a legal editor at Callaghan & Company, was a partner in private practice at Meyer Darragh Buckler Bebenek & Eck, and was an equity partner at Pietragallo Bosick & Gordon. Additionally, Judge Fischer worked as a trained mediator and arbitrator in Pennsylvania and West Virginia. Judge Fischer is a Fellow of the American College of Trial Lawyers, an active member of the Executive Women’s Council of Pittsburgh, a past President of the Academy of Trial Lawyers of Allegheny County, and a member of the Pennsylvania Bar Association Commission on Women in the Profession, where she serves on the Mentoring Subcommittee. She received a Bachelor of Arts Degree magna cum laude from Saint Mary’s College, and a JD degree from Notre Dame Law School in 1976.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120938843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyzes the possible models for regulating the use of Internet-based virtual worlds by minors. While virtual worlds introduce a unique experience to their users, there is a strong indication that such use, if left unregulated, may cause harm, especially to minors. This article explains that the dangers associated with virtual worlds are different from those created by other types of media. The various phenomena which may be caused due to the use of virtual worlds and the damages likely to be caused by such phenomena, rest on two assumptions: that minors are especially prone to suffer from such dangers, since the exposure of minors to the experiences offered by virtual worlds is not mitigated by factors such as a more developed sense of reality and responsibility, and, that in the use of virtual worlds there is a greater potential to induce such harms when compared to the use of video games or other Internet applications. The methodology underlying this article is based on a comparativecritical review of the existing literature in the fields relevant to this interdisciplinary realm: technology, psychology, philosophy and law. This article concludes that non-legal regulation is insufficient and puts forth several suggestions for legal regulation. The proposed regulation is based on four principles: Awareness – forcing virtual worlds companies to issue a warning of the possible damages similar to the warnings printed on cigarettes packs; Prevention – operating technological measures to identify minor users and tracking their use length; Help – establishing help centers and posting distress buttons in the virtual world; and Liability – imposing tort liability on virtual worlds companies that fail to implement the proposed changes.
{"title":"ESRB Warning: Use of Virtual Worlds by Children May Result in Addiction and Blurring of Borders – The Advisable Regulations in Light of Foreseeable Damages","authors":"N. Goltz","doi":"10.5195/TLP.2011.57","DOIUrl":"https://doi.org/10.5195/TLP.2011.57","url":null,"abstract":"This article analyzes the possible models for regulating the use of Internet-based virtual worlds by minors. While virtual worlds introduce a unique experience to their users, there is a strong indication that such use, if left unregulated, may cause harm, especially to minors. This article explains that the dangers associated with virtual worlds are different from those created by other types of media. The various phenomena which may be caused due to the use of virtual worlds and the damages likely to be caused by such phenomena, rest on two assumptions: that minors are especially prone to suffer from such dangers, since the exposure of minors to the experiences offered by virtual worlds is not mitigated by factors such as a more developed sense of reality and responsibility, and, that in the use of virtual worlds there is a greater potential to induce such harms when compared to the use of video games or other Internet applications. The methodology underlying this article is based on a comparativecritical review of the existing literature in the fields relevant to this interdisciplinary realm: technology, psychology, philosophy and law. This article concludes that non-legal regulation is insufficient and puts forth several suggestions for legal regulation. The proposed regulation is based on four principles: Awareness – forcing virtual worlds companies to issue a warning of the possible damages similar to the warnings printed on cigarettes packs; Prevention – operating technological measures to identify minor users and tracking their use length; Help – establishing help centers and posting distress buttons in the virtual world; and Liability – imposing tort liability on virtual worlds companies that fail to implement the proposed changes.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125478010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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