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Intellectual Property Law

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Do Patents Drive Investment In Software?, James Hicks Mar 2024

Do Patents Drive Investment In Software?, James Hicks

Northwestern University Law Review

In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …


A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan Apr 2023

A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Software Patent In U.S. Law, Mohammed Hassan Abdullah Mar 2021

Software Patent In U.S. Law, Mohammed Hassan Abdullah

UAEU Law Journal

The handling of the patent system is at variance in the American system with that in the European Union's system, where the American system began to allow software protection under its patent system in addition to copyright protection while the European Union's Patent Office accepts this tendency some member States reject it. This affects negatively the level of protection and its nature, which should be available in a suitable and balanced manner between the different legal systems due to the nature of software as a countries' trans-border product. Thus, this research study calls for a special system of protection since …


The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao Jan 2021

The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao

Touro Law Review

No abstract provided.


Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist Jan 2021

Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist

Catholic University Journal of Law and Technology

The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced by the Google v. Oracle which has percolated in the courts for nearly a decade and is now being heard by the US Supreme Court (oral argument was on October 7, 2020). However, the thesis of this article that a legal construct is capable of being formulated that is analytically consistent and that …


Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman Jan 2020

Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman

IP Theory

Artificial intelligence is becoming increasingly complex, and provides examples of compelling, human-like performances. One such artificial intelligence technology is known as Creative Adversarial Network (“CAN”) technology, which relies on inputs of preexisting pieces of art to create pieces of original art that pass as human-made. Whether the coders responsible for CAN-technology should be granted coverage for the resultant art remains an open question in United States jurisprudence. This paper seeks to explore why, given both software’s historical legacy in copyright law and bedrock copyright justifications, extending copyright coverage to the coders responsible for CAN technology would be a grave misstep …


Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala Jan 2020

Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala

Cybaris®

No abstract provided.


Patents For Sharing, Toshiko Takenaka Jan 2019

Patents For Sharing, Toshiko Takenaka

Michigan Technology Law Review

Spurred by the Internet, emerging technologies have changed the way commercial firms innovate and have made it possible for individuals to play an important role in that innovation. Producers in the Information Communication Technologies (ICT), and other sectors dealing with complex technologies with many separately patentable components, find it increasingly difficult to make products without infringing on patents held by others. Numerous overlapping patents often cover such products. Producers have developed a new way to use patents: as inclusive rights for sharing their technologies with others through cross-licensing and other private ordering arrangements in order to ensure the freedom to …


Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong May 2018

Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong

Michigan Telecommunications & Technology Law Review

The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive copyright protection …


Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein Nov 2017

Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein

Maine Law Review

For those within the information technology (IT) industry, the phrase “open source” has been as prominent at water cooler and boardroom discussions over the last several years as the phrase “out source.” Open source is at once a software development model, a business model, a social movement, and a philosophy that has recently garnered attention from outside of the IT sphere. As such, the topic has become increasingly fertile ground for academic scholarship from several disciplines. Economists, legal academics and practitioners, computer engineers, and social commentators have offered their varying perspectives on open source software. Whether or not this attention …


Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson Sep 2017

Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson

Oklahoma Journal of Law and Technology

No abstract provided.


Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer May 2017

Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note proposes a statute that considers social media and the Internet. The proposed statute is advantageous because it understands how perpetrators abuse social media and the Internet and implements the protections that victims deserve from the legal system. When society understands the harms and “[w]hen there is no outlet for these images, no audience for these images, and no desire to post these images, that is when the images will cease to cause harm to victims.” The lessons from the criminalization of other forms of gender abuse indicate that society needs to change its attitude toward crimes that predominately …


Patently Insane For Patents: A Judge-By-Judge Analysis Of The Federal Circuit’S Post-Alice Patentable Subject Matter Eligibility Of Abstract Ideas Jurisprudence, Matthew B. Hershkowitz Jan 2017

Patently Insane For Patents: A Judge-By-Judge Analysis Of The Federal Circuit’S Post-Alice Patentable Subject Matter Eligibility Of Abstract Ideas Jurisprudence, Matthew B. Hershkowitz

Fordham Intellectual Property, Media and Entertainment Law Journal

The Information Age exposed the U.S. patent system to patentable subject matter that it had never considered before. In particular, software tested the courts’ understanding of patentable subject matter under section 101 of title 35 of the U.S. Code. The Supreme Court grappled with this issue in its Alice Corp. v. CLS Bank International decision, which greatly affected the patentability of software. However, the Supreme Court did not define the precise contours of patentable subject matter in Alice, and as a result, the Federal Circuit has wrestled with its meaning ever since. This Note discusses the approaches Federal Circuit judges …


Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen Jun 2016

Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen

Journal of Intellectual Property Law

No abstract provided.


The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss Dec 2015

The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss

Journal of Intellectual Property Law

No abstract provided.


The Protection Of Property Rights In Computer Software, Edward W. Rilee Jul 2015

The Protection Of Property Rights In Computer Software, Edward W. Rilee

Akron Law Review

During the last decade a number of attempts have been made by the courts in the realm of patent and copyright law to settle the issue of the protection of property rights in computer software. These traditional methods of protection, however, have not been able to assimilate this relatively new technological invention. Likewise, at the start of a new decade, little or no progress towards a comprehensive form of software protection can be detected. This paper will examine the problems associated with using federal patent or copyright law to provide computer software protection and discuss why state trade secret protection …


Protection Of Computers And Computer Software Before The United States International Trade Commission: In Re Certain Personal Computers And Components Thereof, Nicholas N. Leach Mar 2015

Protection Of Computers And Computer Software Before The United States International Trade Commission: In Re Certain Personal Computers And Components Thereof, Nicholas N. Leach

Georgia Journal of International & Comparative Law

No abstract provided.


Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole Dec 2014

Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole

University of Massachusetts Law Review

Transcript of the Federalist Society’s Intellectual Property Practice Group and its Stanford Law School Chapter debate on Open Source and Intellectual Property Rights with panelists Professor Lawrence Lessig from Stanford University and Professor F. Scott Kieff from Stanford University and moderated by Professor G. Marcus Cole from Stanford Law School. This debate took place on Wednesday, March 30, 2005 in Palo Alto, California.


Software Patentability After Prometheus, Joseph Holland King Jun 2014

Software Patentability After Prometheus, Joseph Holland King

Georgia State University Law Review

This Note examines the history of patentability of abstract ideas and the tests that courts have used to make the determination of whether an invention incorporating an abstract idea is patentable. Part I provides a history of the four seminal cases related to patentable subject matter, as well as some more recent on point decisions. Part II changes focus to the various tests and factors that have been used by the courts, exploring the history of each, discussing the treatment by the Supreme Court, and determining the strengths and weaknesses of each. Based on the discussion in Part II, Part …


Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls Apr 2014

Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls

William & Mary Business Law Review

Patent litigation has become more frequent, more uncertain, and more expensive. Much of this can be traced to the rise of patent trolls asserting vague and uncertain software patents. Trolls have been derided as bringing frivolous and vexatious suits against productive companies, sapping the very same innovativeness that the patent system is supposed to encourage. Instead, companies are subject to nuisance-value suits as an ordinary course of business; for less established companies, such suits can threaten their very existence. Often, because of uncertain rules about claim construction and the granting of very broad patents, the accused infringer has no notice …


Aftermarketfailure: Windows Xp's End Of Support, Andrew Tutt Apr 2014

Aftermarketfailure: Windows Xp's End Of Support, Andrew Tutt

Michigan Law Review First Impressions

After 12 years, support for Windows XP will end on April 8, 2014. So proclaims a Microsoft website with a helpful clock counting down the days. "What does this mean?" the website asks. "It means you should take action." You should "migrate to a current supported operating system - such as Windows 8.1 - so you can receive regular security updates to protect [your] computer from malicious attacks." The costs of mass migration will be immense. About 30% of all desktop PCs are running Windows XP right now. An estimated 10% of the U.S. government's computers run Windows XP, including …


Structure From Nothing And Claims For Free: Using A Whole-System View Of The Patent System To Improve Notice And Predictability For Software Patents, Holly K. Victorson Jan 2014

Structure From Nothing And Claims For Free: Using A Whole-System View Of The Patent System To Improve Notice And Predictability For Software Patents, Holly K. Victorson

Michigan Telecommunications & Technology Law Review

No uniform or customary method of disclosure for software patents is currently employed by inventors. This Note examines the issues that develop from software patent claims disclosed at various levels of abstraction, and the difficulties encountered by courts and the public when investigating the contours of the software patent space. While the courts have placed some restrictions on the manner in which software inventions are claimed, they are easily bypassed by clever patent applicants who desire to claim the maximum scope of their inventions. In the long run, however, a large “patent thicket” of overlapping and potentially overbroad inventions will …


Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose Feb 2013

Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose

Pepperdine Law Review

The following article examines the protection offered to computers and computer programs, under the various applicable patent, copyright and trade secret laws. Concerning patent protection; the author discusses the history and current status of the patent laws, and analyzes in detail the landmark case of Diamond v. Diehr. Discussed also is an analysis of copyright protection for computer programs, offered by the 1980 amendments to section 117 of the 1976 Copyright Act; which paved the way for the increased protection.


Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel Oct 2012

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.


Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill Jan 2012

Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill

NYLS Law Review

No abstract provided.


Software Wars: The Patent Menace, Andrew Nieh Jan 2011

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.


Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith Sep 2010

Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith

Golden Gate University Law Review

This Note will first discuss the complex nature of computer technology and the scope of copyright protection currently available for computer programs. Section III will identify the elements of a copyright infringement cause of action and highlight the critical role of the test for substantial similarity. Section IV will set out the current three-way conflict in the circuit courts regarding the appropriate test for substantial similarity in computer program infringement cases and will examine the origins, underlying justifications and practical ramifications of each test. Finally, this Note will conclude that where the subject matter of a copyright dispute is particularly …


Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum Sep 2010

Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum

Golden Gate University Law Review

This Note presents the areas in which the copyrightability of a computer program has been questioned and it explains the reasoning used by the Third Circuit in Franklin to reject arguments that not all computer programs are copyrightable. Although there is no longer any doubt whether a computer program may be the subject of copyright, fundamental issues involved in copyrighting a work may pose barriers to a program being protected. These issues will be discussed in light of the Third Circuit's opinion in Franklin and the future directions which copyright law may take.


Trying To Understand Software: Why Microsoft V. At&T Was Mistakenly Decided, Drew J. Koning Mar 2008

Trying To Understand Software: Why Microsoft V. At&T Was Mistakenly Decided, Drew J. Koning

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk Mar 2007

Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.