Rutgers Computer and Technology Law Journal

How will the Supreme Court Decide? Three Approaches to the Markedly Different Test

If the Supreme Court grants certiorari after the Federal Circuit’s decision in The Association of Molecular Pathology v. U.S. Patent and Trademark Office, it will have at least three approaches that it can adopt to analyze the patent eligibility of isolated DNA molecules.[1] The isolated DNA molecules at issue in the case are smaller portions …

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The Issues with Developing an Effective Deterrent Against State Sponsored Cyberattacks

In May of 2011, the Pentagon officially determined that computer sabotage launched by an opposing country can constitute an act of war.[1] No doubt this warning, issued via official press release, was intended to establish a deterrent military threat aimed at foreign governments. The question to be answered in the coming years is whether this …

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Is “Liking” Free Speech?

A recent Fourth Circuit appeal begs the question “is ‘liking’ something on Facebook protected by the Constitution under the First Amendment?”[1] The lawsuit is rooted in a 2009 sheriff’s election in Hampton, Virginia.[2] Daniel Ray Carter, a sheriff deputy, was allegedly fired for “liking” the page of his boss’s, the Sheriff who was up for …

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Control Your Cloud So It Will Not Rain on You

The Digital Millennium Copyright Act (DMCA) creates a “safe harbor” provision exempting an internet service provider’s (“ISP”) contributory liability for the copyright infringement of the work that ISP user uploaded to the ISP’s hosting environment.[1] However, the protection is available to the ISP only when it “does not receive a financial benefit directly attributable to …

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