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Articles 1 - 11 of 11
Full-Text Articles in Law
Public Transit Data Through An Intellectual Property Lens: Lessons About Open Data, Teresa Scassa
Public Transit Data Through An Intellectual Property Lens: Lessons About Open Data, Teresa Scassa
Fordham Urban Law Journal
This Article examines some of the challenges presented by the transition from ‘closed’ to open data within the municipal context, using municipal transit data as a case study. The particular lens through which this Article examines these challenges is intellectual property law. In a ‘closed data’ system, intellectual property law is an important means by which legal control over data is asserted by governments and their agencies. In an ‘open data’ context, the freedom to use and distribute content is a freedom from IP constraints. The evolution of approaches to open municipal transit data offers some interesting examples of the …
Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations, Martin West
Fordham Urban Law Journal
This Note addresses the diverging approaches to patent infringement damage calculations. Judge Alsup of the Ninth Circuit recently took a rare approach and selected Dr. James Kearl to testify as an independent damages expert in Oracle v. Google under Rule 706 of the Federal Rules of Civil Procedure. In contrast, Judge Posner of the Seventh Circuit recently dismissed the Apple v. Motorola lawsuit finding each party failed to present adequate evidence of their respective damages claims. Judge Koh of the Ninth Circuit took yet another approach using a more relaxed level of admissibility for expert testimony relating to infringement damage …
Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino
Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino
Fordham Urban Law Journal
The use of free and open source software by municipal governments is the exception rather than the rule. This is due to a variety of factors, including a failure of many municipal procurement policies to take into account the benefits of free software, free software vendors second-to-market status, and a lack of established free and open source software vendors in niche markets. With feasible policy shifts to improve city operations, including building upon open standards and engaging with free software communities, municipalities may be able to better leverage free and open source software to realize fully the advantages that stem …
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
Fordham Urban Law Journal
This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
Fordham Urban Law Journal
This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.
The Rights To Future Technologies: Should Bourne V. Disney Change The Rules?, Gayley Rosen
The Rights To Future Technologies: Should Bourne V. Disney Change The Rules?, Gayley Rosen
Fordham Urban Law Journal
This note analyzes the decision in Bourne v. Disney and proposes a method for courts to determine whether a licensing agreement includes the rights to future technologies. This Note concludes that courts should only interpret licenses to include the rights to future technology when the contract includes a broad grant of rights or a future-mediums clause. Even when the contract does not include a future-mediums clause, it should not be enforced when the form of technology is so disimilar from the technology contemplated as to be unfair.
The Viability Of The Copyright Misuse Defense, David Scher
The Viability Of The Copyright Misuse Defense, David Scher
Fordham Urban Law Journal
Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Fordham Urban Law Journal
The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Fordham Urban Law Journal
This Note considers whether genetically altered animals should be protected by patents and discusses the ramifications of a congressionally imposed moratorium on the issuance of animal patents. The Note discusses the purpose of the patent system and analyzes case law concerning patents on living organisms, examines the controversy surrounding the patenting of altered animals, and contains a discussion of the PTO's role in issuing an ethically controversial patent. The Note concludes that the PTO was correct in determining that genetically altered animals are patentable subject matter.
The Home Audio Recording Act: An Inappropriate Respose To The Home Taping Question, Teresa E. Sulyok
The Home Audio Recording Act: An Inappropriate Respose To The Home Taping Question, Teresa E. Sulyok
Fordham Urban Law Journal
This Note examines the controversy over consumers' home audio taping activities and finds the legislation under consideration by Congress an inappropriate remedy. Initially, this Note reviews the proposed legislation introduced in Congress addressing the issue of home audio taping. The Note then surveys the rationale behind the Sony decision, which determined that video recorder manufacturers were not liable as contributory infringers, and advocates that audio recorder manufacturers receive similar treatment. Next, this Note analyzes whether home audio recording may constitute fair use under the federal copyright law. This Note concludes that even if certain forms of home audio recording are …
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
Fordham Urban Law Journal
This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …