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Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites Oct 2006

Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites

Faculty Scholarship

This article considers the fair use doctrine as it applies to Google's Library Search Project and both predicts and advocates for a finding of fair use. Part I briefly reviews the past by considering the pertinent history of the fair use doctrine. It also explains the details of the current suit over Google's Library Project. Part II moves on to consider the current state of fair use analysis by reviewing 110 fair use cases and conducting simple statistical analyses. It then explains and applies the fair use doctrine to Google's project. Part III considers cases frequently compared ...


A Technological Theory Of The Arms Race, Lee B. Kovarsky Jan 2006

A Technological Theory Of The Arms Race, Lee B. Kovarsky

Faculty Scholarship

Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on ...


Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale Jan 2006

Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale

Faculty Scholarship

The fair use defense in copyright law shields an intellectual commons of protected uses of copyrighted material from infringement actions. In determining whether a given use is fair, courts must assess the new use's potential effect on the market for the copyrighted work. Fair use jurisprudence too often fails to address the complementary, network, and long-range effects of new technologies on the market for copyrighted works. These effects parallel the indirect, direct, and option values of biodiversity recently recognized by environmental economists. Their sophisticated methods for valuing natural resources in tangible commons can inform legal efforts to address the ...


Rankings, Reductionism, And Responsibility, Frank Pasquale Jan 2006

Rankings, Reductionism, And Responsibility, Frank Pasquale

Faculty Scholarship

After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment ...


Acquiring And Managing Identity Interests, Jon M. Garon Jan 2006

Acquiring And Managing Identity Interests, Jon M. Garon

Faculty Scholarship

Jon M. Garon, Acquiring and Managing Identity Interests, 1 FLA. ENT. L. REV. 39 (2006). Modern media licenses involving Internet sites, video games, multimedia projects, and independent motion pictures follow the publishing industry’s shifts of power and control. Those acquiring rights have significant leverage at the outset but lose that power as completion deadlines near. Marketing leverage depends significantly on the importance of the participants to the marketing strategy, so that if live appearances are critical to marketing, then those individuals have much more influence than for those projects where the persons involved are excluded from marketing. In addition ...


Inducers And Authorisers: A Comparison Of The Us Supreme Court's Grokster Decision And The Australian Federal Court's Kazaa Ruling, Jane C. Ginsburg, Sam Ricketson Jan 2006

Inducers And Authorisers: A Comparison Of The Us Supreme Court's Grokster Decision And The Australian Federal Court's Kazaa Ruling, Jane C. Ginsburg, Sam Ricketson

Faculty Scholarship

On June 27, 2005, the US Supreme Court announced its much-awaited decision in MGM Studios, Inc. v. Grokster Ltd. A few months after this, the Federal Court of Australia handed down its decision at first instance in relation to parallel litigation in that country concerning the KaZaa file sharing system. Both decisions repay careful consideration of the way in which the respective courts have addressed the relationship between the protection of authors' rights and the advent of new technologies, particularly in relation to peer-to-peer networks. In the Grokster case, songwriters, record producers and motion picture producers alleged that two popular ...


Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson Jan 2006

Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber Jan 2006

Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal Jan 2006

Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal

Faculty Scholarship

Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern debates surrounding the relationship between freedom of expression, language, and ownership. Curiously, however, while contemporary scholarship on copyright now embraces a wide range of political and economic approaches, it has often failed to consider how intellectual property law - as it is owned, constituted, created, and enforced - both benefits and disadvantages segments of the population in divergent ways. This absence is both vexing and fascinating. While issues of distributive justice have permeated almost ...