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Articles 1 - 30 of 405
Full-Text Articles in Law
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Catholic University Journal of Law and Technology
No abstract provided.
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
Catholic University Journal of Law and Technology
No abstract provided.
Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler
Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler
Catholic University Journal of Law and Technology
No abstract provided.
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Duke Law & Technology Review
This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory licenses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, both forms …
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Santa Clara High Technology Law Journal
Direct Digital Engagement of Patients and Democratizing Health Care
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Santa Clara High Technology Law Journal
Design Patient Evolution: From Obscurity to Center Stage
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Santa Clara High Technology Law Journal
Only a Pawn in the Game: Rethinking Induced Patent Infringement
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
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
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.
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Journal of Intellectual Property Law
No abstract provided.
Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker
Journal of Intellectual Property Law
No abstract provided.
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Journal of Intellectual Property Law
No abstract provided.
Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright
Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright
Journal of Intellectual Property Law
No abstract provided.
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
Journal of Intellectual Property Law
No abstract provided.
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Journal of Intellectual Property Law
No abstract provided.
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Journal of Intellectual Property Law
No abstract provided.
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
Journal of Intellectual Property Law
No abstract provided.
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Journal of Intellectual Property Law
No abstract provided.
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Journal of Intellectual Property Law
No abstract provided.
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy
Georgia Journal of International & Comparative Law
No abstract provided.
Exhaustion Cannot Stifle Innovation: A Limitation On The “First Sale” Doctrine, Joseph L. Roth
Exhaustion Cannot Stifle Innovation: A Limitation On The “First Sale” Doctrine, Joseph L. Roth
UC Irvine Law Review
No abstract provided.
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION The Internet increasingly offers a preferred medium for access to video and other types of high value content that may require Internet Service Providers (“ISPs”) to use special efforts to ensure superior quality of service (“QOS”). ISPs have made substantial investments in infrastructure upgrades to satisfy growing demand for networks capable of delivering bandwidth intensive traffic at higher transmission speeds. Additionally, they work to accommodate consumer expectations of having content access anytime, anywhere, through any medium, via any device, and in any screen presentation format. Early adopters of new video delivery technologies rely on both wireline and wireless alternatives …
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. …
Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton
Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton
Fordham Intellectual Property, Media and Entertainment Law Journal
In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION The United States boasts a bigger entertainment industry than any other country, with Los Angeles regarded as the entertainment capital of the world. Accounts differ as to the explanation for California’s rise to entertainment prominence. One version attributes the flocking to the west coast as a product of Cecil B. DeMille’s last-minute location change for The Squaw Man in 1914 to Los Angeles; but, by 1910, movies had already been filmed in the area. Another explanation focuses on Thomas Edison, who operated in New York and New Jersey, and exerted a significant amount of control over the industry in …
School Boy's Tricks: Reasonable Cybersecurity And The Panic Of Law Creation, David S. Levine
School Boy's Tricks: Reasonable Cybersecurity And The Panic Of Law Creation, David S. Levine
Washington and Lee Law Review Online
No abstract provided.
Appropriate(D) Moments, Richard Chused
Appropriate(D) Moments, Richard Chused
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION Quietly reading a book by a window in your apartment isn’t necessarily a “private” act. Many living in densely packed locations like Manhattan inevitably wonder whether eyes peering through telescopes or watching digital camera screens find them, linger for a time, capture images or generate fantasies about who and what they are. That appropriation reality popped into public view in 2013 when Martha and Matthew Foster discovered images of themselves and their children, Delaney and James, in Arne Svenson’s photography exhibition The Neighbors mounted at the Julie Saul Gallery in the Chelsea district of Manhattan. The Fosters lived in …