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Full-Text Articles in Law
Notice And Remedies In Copyright Licensing, B. J. Ard
Notice And Remedies In Copyright Licensing, B. J. Ard
Missouri Law Review
Copyright owners claim the power to designate practically any term of a copyright license as a “condition” enforceable in copyright. In doing so, these licensors purport to translate breach of the most trivial or idiosyncratic term into the basis for a copyright infringement suit. This Article argues that these licenses are most problematic when licensors provide inadequate notice of unexpected terms. License conditions are typically buried in boilerplate that no reasonable consumer reads, and licensors have few incentives to make them more salient. These circumstances not only threaten unwitting users with copyright liability, but also impede copyright’s own goals by …
Exploring The Abstact: Patent Eligibility Post Alice Corp V. Cls Bank, John Clizer
Exploring The Abstact: Patent Eligibility Post Alice Corp V. Cls Bank, John Clizer
Missouri Law Review
This Note first sets forth the facts and the ultimate holding of the Supreme Court’s decision in Alice. It then details the historical background surrounding the ineligibility of abstract ideas for patent protection that has arisen from the Supreme Court and lower federal courts’ past decisions. Next, it examines in more in detail the Court’s reasoning as applied in this particular case. Finally, this Note discusses several of the questions raised by the Court’s decision: what exactly constitutes an “abstract idea,” what is the full meaning of the Court's "inventive concept" requirement, and how are we to interpret this decision …