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1985

Intellectual Property Law

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Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon Dec 1985

Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon

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Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution. Lockean theory will hardly be the last word in i/p unification theory. But I will have at least set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.

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Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon Dec 1985

Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon

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Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution, Lockean theory will hardly be the last world in intellectual property unification theory. But I will have at lest set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.

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Outline Of Green Bound - 1985, Wendy J. Gordon Nov 1985

Outline Of Green Bound - 1985, Wendy J. Gordon

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No abstract provided.

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Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt Sep 1985

Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt

Washington Law Review

In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …

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Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt Sep 1985

Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt

Washington Law Review

In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …

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The Protection Of Computer Software Through Shrink-Wrap License Agreements Sep 1985

The Protection Of Computer Software Through Shrink-Wrap License Agreements

Washington and Lee Law Review

No abstract provided.

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Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton Sep 1985

Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton

West Virginia Law Review

No abstract provided.

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Draft Of Desert Theory - 1985, Wendy J. Gordon Aug 1985

Draft Of Desert Theory - 1985, Wendy J. Gordon

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The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.

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Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon

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No abstract provided.

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Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon

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In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …

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The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff Aug 1985

The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff

Michigan Law Review

This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …

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Notes On Entitlement Systems - 1985, Wendy J. Gordon Jun 1985

Notes On Entitlement Systems - 1985, Wendy J. Gordon

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If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.

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Conversation With Lee Bollinger - 1985, Wendy J. Gordon May 1985

Conversation With Lee Bollinger - 1985, Wendy J. Gordon

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First, Lee Bollinger (and others) seem to feel that the misappropriation "urge" makes sense when seen against a background where most things one creates DO get property treatment. Lee therefore says it's my burden as a writer to explain why this area is different--both to succeed in making a case clear, AND to create barriers between this area and others. Essentially, he argues, people will be afraid that less-than-complete property here will erode property elsewhere.

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The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce Apr 1985

The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce

Michigan Law Review

This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.

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An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon Jan 1985

An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon

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These are notes re thoughts sparked by reading Dukeminier & Krier, PROPERTY (little Brown 1981) and their TEACHERS MANUAL FOR PROPERTY (Little Brown 1981). What I may be doing is beginning a unified i/p. One part of that doctrine may be parallel ordinary Property, like so: HYPOTHESIS - The role played in ordinary property law by "possession" [,1] may be played in i/p law by "use. This can be very important.

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Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst Jan 1985

Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst

UC Law SF Communications and Entertainment Journal

Should courts find that a defamatory communication made between employees of the same corporation does not satisfy the publication requirement of the tort of defamation? The author examines case law on both sides of the publication issue and argues that neither the cases which established the "no publication rule" nor the theoretical underpinnings of the tort of defamation can support the requirement of publication in cases of intra-corporate communications. The author concludes that the traditional theory, finding a sufficient publication as soon as a third person has understood the communication as defamatory, reconciles the defamed individual's right to sound reputation …

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The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary Jan 1985

The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary

UC Law SF Communications and Entertainment Journal

The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.

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Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton Jan 1985

Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton

UC Law SF Communications and Entertainment Journal

Every year increasing numbers of disabled patrons are visiting amusement parks. Focusing on the areas of admission, accommodation and safety, this article addresses the special needs of these patrons, and the need for their consistent and fair treatment within the amusement park industry. First, the article stresses the need for states to enact civil rights legislation prohibiting discrimination against disabled persons by amusement places. Second, architectural barriers statutes must be extended to apply to privately owned buildings and recreation areas in order to provide the disabled access to amusement parks. Most importantly, safety policies of a park must be carefully …

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California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer Jan 1985

California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer

UC Law SF Communications and Entertainment Journal

Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …

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Requiem For A Parody, Randall B. Hicks Jan 1985

Requiem For A Parody, Randall B. Hicks

UC Law SF Communications and Entertainment Journal

Although parody is a meritorious form of literary expression, parodists are often subject to allegations of copyright infringement based on substantial appropriation of copyrighted work. The author examines judicial applications of the "fair use" doctrine as codified in the multifactored balancing test of section 107 of the Copyright Act of 1976. The author finds the balancing test to be so vague that courts have virtually unbounded discretion in its application. Indeed, courts have abused their discretion in consistently finding no fair use in sexually-oriented or allegedly obscene parodies. The author concludes that the balancing test must either be applied without …

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Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman Jan 1985

Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman

UC Law SF Communications and Entertainment Journal

Federal copyright law provides a major source of protection for computer software. Due to the rapidly changing nature of software and the software market, however, software developers are asking the states for additional protection. The author examines the Software Enforcement License Act - an attempt by Louisiana to remedy the problems software authors face in the mass market and concludes that it is preempted by federal copyright law. The author suggests that amendment of the federal copyright law would be more appropriate and effective.

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The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1985

The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence Jan 1985

Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence

UC Law SF Communications and Entertainment Journal

The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.

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Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor Jan 1985

Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor

UC Law SF Communications and Entertainment Journal

The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.

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Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield Jan 1985

Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino Jan 1985

Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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A Unifying Theory For The Litigation Of Computer Software Copyright Cases, 6 Computer L.J. 55 (1985), John M. Conley Jan 1985

A Unifying Theory For The Litigation Of Computer Software Copyright Cases, 6 Computer L.J. 55 (1985), John M. Conley

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Legal Protection For Microcode And Beyond: A Discussion Of The Applicability Of The Semiconductor Chip Protection Act And The Copyright Laws To Microcode, 6 Computer L.J. 187 (1985), John R. Harris Jan 1985

Legal Protection For Microcode And Beyond: A Discussion Of The Applicability Of The Semiconductor Chip Protection Act And The Copyright Laws To Microcode, 6 Computer L.J. 187 (1985), John R. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein Jan 1985

Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman Jan 1985

Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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