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Full-Text Articles in Law

Japanese Intellectual Property Law In Translation: Representative Cases And Commentary, Kenneth L. Port Jan 2001

Japanese Intellectual Property Law In Translation: Representative Cases And Commentary, Kenneth L. Port

Vanderbilt Journal of Transnational Law

Like much of Japanese law, Japanese intellectual property law is often criticized as being inaccessible. This inaccessibility has contributed to the misperception that Japanese case law regarding intellectual property does not exist. Even if it exists, the perception goes, it takes forever to track down and it is nearly irrelevant.

This Commentary, in a very modest way, is aimed at debunking the myth that Japanese case law regarding intellectual property is either non-existent or less meaningful than its U.S. counterpart. This Commentary consists of five translations of recent, significant intellectual property cases, as well as commentary regarding the relevance and …


Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg Jan 2001

Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg

Law Faculty Scholarly Articles

The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual …


From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg Jan 2001

From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.


Pushing The Limits Of Copyright Law And Upping The Ante In The Digital World: The Strange Case Of A&M Records, Inc. V. Napster, Inc., Shawn D. Chapman Jan 2001

Pushing The Limits Of Copyright Law And Upping The Ante In The Digital World: The Strange Case Of A&M Records, Inc. V. Napster, Inc., Shawn D. Chapman

Kentucky Law Journal

No abstract provided.


Who Said Nothing In This World Is Free? A&M Records, Inc. V. Napster, Inc.: Problems Presented, Solutions Explored, And Answers Posed, Ryan C. Edwards Jan 2001

Who Said Nothing In This World Is Free? A&M Records, Inc. V. Napster, Inc.: Problems Presented, Solutions Explored, And Answers Posed, Ryan C. Edwards

Kentucky Law Journal

No abstract provided.


Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg Jan 2001

Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg

Faculty Scholarship

The relationship of copyright to new technologies that exploit copyrighted works is often perceived to pit copyright against progress. Historically, when copyright owners seek to eliminate a new kind of dissemination, and when courts do not deem that dissemination harmful to copyright owners, courts decline to find infringement. However, when owners seek instead to participate in and be paid for the new modes of exploitation, the courts, and Congress, appear more favorable to copyright control over that new market. Today, the courts and Congress regard the unlicensed distribution of works over the Internet as impairing copyright owners' ability to avail …