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Mgm V. Grokster, Malla Pollack
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 Democratic Public Domain: Reconnecting The Modern First Amendment And The Original Progress Clause (A.K.A. Copyright And Patent Clause), Malla Pollack
Malla Pollack
Empirical investigation of public usage of the word "progress" in the United States of 1789 demonstrates that the word meant "dissemination." The original meaning of art. I, sec. 8, cl. 8, therefore, is that Congress has the right to grant only such temporally limited exclusive rights in writings and new technology as encourage the dissemination of knowledge and new technology to the population. This article explains the major differences between current United States positive intellectual property law and the logical dictates of this original constitutional meaning. Additionally, the article asserts that the original meaning of clause 8 supports modern calls …
Kp Permanent Make-Up V. Lasting Impression, Malla Pollack
Kp Permanent Make-Up V. Lasting Impression, Malla Pollack
Malla Pollack
Brief argues for allowing fair use defense in trademark despite existence of likelihood of confusion. Opinion at 125 S. Ct. 542 (2004).
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
Michael J. Madison
No abstract provided.
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme Dinwoodie
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme Dinwoodie
Graeme B. Dinwoodie
International intellectual property norms are now being developed by a wide range of institutions - some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system. This essay, a lecture delivered to the Annual Meeting of the American Society of International Law in 2004, is being …