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Articles 61 - 65 of 65
Full-Text Articles in Law
To Bootleg Or Not To Bootleg? Confusion Surrounding The Constitutionality Of The Anti-Bootlegging Act Continues, Andrew B. Peterson
To Bootleg Or Not To Bootleg? Confusion Surrounding The Constitutionality Of The Anti-Bootlegging Act Continues, Andrew B. Peterson
Oklahoma Law Review
No abstract provided.
The Copyright Paradox, Tim Wu
The Copyright Paradox, Tim Wu
Faculty Scholarship
Copyright law has become an important part of American industrial policy. Its rules are felt by every industry that touches information, and today that means quite a bit. Like other types of industrial policy, copyright in operation purposely advantages some sectors and disadvantages others. Consequently, today's copyright courts face hard problems of competition management, akin to those faced by the antitrust courts and the Federal Communications Commission.
How should courts manage competition using copyright? Over the last decade, writers have begun to try to understand the "other side" of copyright, variously called its innovation policy, communications policy, or regulatory side.Here …
Inducers And Authorisers: A Comparison Of The Us Supreme Court's Grokster Decision And The Australian Federal Court's Kazaa Ruling, Jane C. Ginsburg, Sam Ricketson
Inducers And Authorisers: A Comparison Of The Us Supreme Court's Grokster Decision And The Australian Federal Court's Kazaa Ruling, Jane C. Ginsburg, Sam Ricketson
Faculty Scholarship
On June 27, 2005, the US Supreme Court announced its much-awaited decision in MGM Studios, Inc. v. Grokster Ltd. A few months after this, the Federal Court of Australia handed down its decision at first instance in relation to parallel litigation in that country concerning the KaZaa file sharing system. Both decisions repay careful consideration of the way in which the respective courts have addressed the relationship between the protection of authors' rights and the advent of new technologies, particularly in relation to peer-to-peer networks.
In the Grokster case, songwriters, record producers and motion picture producers alleged that two popular …
A Technological Theory Of The Arms Race, Lee B. Kovarsky
A Technological Theory Of The Arms Race, Lee B. Kovarsky
Lee Kovarsky
Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …
Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer