Digital Commons Network^™

Mgm V. Grokster, Malla Pollack

Malla Pollack

This brief makes three aguments against copyright liability for Grokster. First, Petitioners’ request to close down offending technology is not supported by clear statutory authority. While the Court has power to create common law, in an area, such as this, where Congress has enacted detailed statutes, the Court’s common law power is minimal. Title 17 U.S.C. § 1201(c)(2) does not delegate authority for the Court to promulgate new common law. Second, In the absence of congressional action, the Copyright Clause of the Constitution sets the default position as a public right of access to copyrightable and patentable subject matter. The …

The Hegemony Of The Copyright Treatise, Ann Bartow

Ann Bartow

This Article asserts that major conceptions about the appropriate structure, texture, and span of copyright protections and privileges have been fashioned by copyright treatises, particularly the various editions of Nimmer on Copyright. Copyright treatises function in concert with the machinations of Congress, the courts, and custom, but their role is not often scrutinized.

Because copyright treatises typically do a far better job than Congress or the courts of explicating copyright law in straightforward and accessible language, such treatises can not only communicate the copyright law, but also influence its development and direction. Policy makers no doubt understand that content owners …

A Pattern-Oriented Approach To Fair Use, Michael J. Madison

Michael J. Madison

No abstract provided.

Copyrights And Creative Copying, Ann Bartow

Ann Bartow

People invest their time, energy and resources to produce a broad variety of copyrightable works of original authorship for an expansive array of reasons, many of which appear economically irrational. This makes it impossible to offer defensible generalizations about the effect, if any, that copyright laws have upon human creators, their artistic impulses, and the decision making underlying the formation of creative works. Nevertheless, it seems highly probable that authors can be negatively affected by the specter of copyright infringement suits in a manner that burdens and chills the creative process. Exact, whole-text copying can be avoided by authors aspiring …

The Ims Health Decision: A Triple Victory, Estelle Derclaye

Estelle Derclaye

No abstract provided.

The Ims Health Decision: A Triple Victory, Estelle Derclaye

Estelle Derclaye

No abstract provided.