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Full-Text Articles in Law
Remarks On The Problem Of Scope In Ip, Mark P. Mckenna
Remarks On The Problem Of Scope In Ip, Mark P. Mckenna
Washington Journal of Law, Technology & Arts
As I contemplated the focus of this conference, issues about the nature of the rights that are the subject of a deal stood out to me. A good deal of my recent work has focused on challenges in determining the scope of IP rights. And since those rights are the inputs to various kinds of transactions—or, perhaps even more importantly, ability to assess the scope of a right affects whether a transaction is needed—I’m going to focus here on the relationship between the scope of IP rights and potential IP transactions. [These remarks were given as the keynote talk at …
Fair Use, Fair Play: Video Game Performances And "Let's Plays" As Transformative Use, Dan Hagen
Fair Use, Fair Play: Video Game Performances And "Let's Plays" As Transformative Use, Dan Hagen
Washington Journal of Law, Technology & Arts
With the advent of social video upload sites like YouTube, what constitutes fair use has become a hotly debated and often litigated subject. Major content rights holders in the movie and music industry assert ownership rights of content on video upload platforms, and the application of the fair use doctrine to such content is largely unclear. Amid these disputes over what constitutes fair use, new genres of digital content have arrived in the form of “Let’s Play” videos and other related media. In particular, “Let’s Plays”—videos in which prominent gamers play video games for the entertainment of others—are big business …
Approximating A Federal Patent District Court After Tc Heartland, Timothy T. Hsieh
Approximating A Federal Patent District Court After Tc Heartland, Timothy T. Hsieh
Washington Journal of Law, Technology & Arts
This article presents a patent litigation framework for other federal district courts to follow, using the example of the U.S. District Court for the Eastern District of Texas after TC Heartland. This article also provides an overview of the TC Heartland U.S. Supreme Court case and the In Re Cray Federal Circuit opinion, as well as how those two cases have impacted patent litigation in various district courts across the country, most notably in the District of Delaware. All district courts should learn various lessons from the District Court for the Eastern District of Texas and should model their …