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Full-Text Articles in Law

To Sow Or Not To Sow: Practical Issues Relating Arising From Introducing Plant Variety Protecting In Developing Nations, Srividhya Ragavan Dec 2006

To Sow Or Not To Sow: Practical Issues Relating Arising From Introducing Plant Variety Protecting In Developing Nations, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Copyright And Breathing Space, Joseph Liu Oct 2006

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

According to the U.S. Supreme Court, copyright law’s fair use and idea/expression doctrines are “built-in free speech safeguards” that establish a “definitional balance” between copyright and the First Amendment. Yet these “built-in free speech safeguards” are among the most uncertain and ill-defined doctrines in all of copyright law. If we accept the Supreme Court’s statement that these doctrines play a critical role as First Amendment safety valves, it follows that the chilling effect of uncertainty in these doctrines has a constitutional dimension. Current copyright law doctrine, however, fails to take into account the potential chilling effect of copyright liability. This …


The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu Oct 2006

The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu

Joseph P. Liu

Providing legal framework for digital rights management.


Of The Unequals Of Uruguay, Srividhya Ragavan Oct 2006

Of The Unequals Of Uruguay, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Portrait Of The Scholar As An Ip Ace, Robert E. Spoo Sep 2006

Portrait Of The Scholar As An Ip Ace, Robert E. Spoo

Robert E. Spoo

No abstract provided.


Patents As A Source Of Competitive Intelligence Information.Pdf, Jan Comfort Jun 2006

Patents As A Source Of Competitive Intelligence Information.Pdf, Jan Comfort

Jan Comfort

No abstract provided.


A Non-Credit Model For Real-Life Technology Transfer Experience For Cross-Disciplinary Student Teams, Paul Swamidass, Brian Wright May 2006

A Non-Credit Model For Real-Life Technology Transfer Experience For Cross-Disciplinary Student Teams, Paul Swamidass, Brian Wright

Paul Swamidass

This paper addresses several major issues of interest to ASEE’s Entrepreneurship Division. It covers (1) university technology transfer; (2) introducing technology IP protocol management to students; and (3) a model of working relationship with university technology transfer officers for the mutual benefit of university technology transfer and the training of university graduates with real-life technology transfer problems. Student reported benefits are included.


A Hybrid Game: Of The Blessed Intellectual Property Rights & The Bastardized Biodiversity, Srividhya Ragavan Apr 2006

A Hybrid Game: Of The Blessed Intellectual Property Rights & The Bastardized Biodiversity, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Access V. Patents: We Still Can’T Get Along!, Srividhya Ragavan Apr 2006

Access V. Patents: We Still Can’T Get Along!, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Strategic Improprieties: Cultural Studies, The Everyday, And The Politics Of Intellectual Properties, Kembrew Mcleod, Ted Striphas; Feb 2006

Strategic Improprieties: Cultural Studies, The Everyday, And The Politics Of Intellectual Properties, Kembrew Mcleod, Ted Striphas;

Kembrew McLeod

No abstract provided.


Infringers Or Innovators: Infringers & Innovators: Debunking Myths, Srividhya Ragavan Feb 2006

Infringers Or Innovators: Infringers & Innovators: Debunking Myths, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Internet Distribution And The Worldwide Music Industry, Kembrew Mcleod Dec 2005

Internet Distribution And The Worldwide Music Industry, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Registracija Svobode Izrazanja®/Trademarking Freedom Of Expression®, Kembrew Mcleod Dec 2005

Registracija Svobode Izrazanja®/Trademarking Freedom Of Expression®, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Freedom Of Expression®: Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod Dec 2005

Freedom Of Expression®: Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Roundtable On Academic Publishing, Kembrew Mcleod Dec 2005

Roundtable On Academic Publishing, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt Dec 2005

Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt

Lee-ford Tritt

No abstract provided.


Fair Use And Music Scholarship. Communication And Economy, Kembrew Mcleod Dec 2005

Fair Use And Music Scholarship. Communication And Economy, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Economic Aspects Of Intellectual Property, Peter Menell Dec 2005

Economic Aspects Of Intellectual Property, Peter Menell

Peter Menell

No abstract provided.


Freedom Of Expression Vs. Intellectual Property Rights: Does Copyright Kill Free Speech?, Kembrew Mcleod Dec 2005

Freedom Of Expression Vs. Intellectual Property Rights: Does Copyright Kill Free Speech?, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Third Party Copyright After Grokster, Alfred C. Yen Dec 2005

Third Party Copyright After Grokster, Alfred C. Yen

Alfred C. Yen

This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third party copyright liability is unclear. Grokster involved a claim of third party liability against defendants whose technology supported the sharing of music over the Internet, and it represents the Supreme Court’s attempt to bring coherence to the relevant law.

Grokster is a difficult case to understand. It added a new …


A Technological Theory Of The Arms Race, Lee B. Kovarsky Dec 2005

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 …


El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi Dec 2005

El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi

Pierino Stucchi

No abstract provided.


Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk Dec 2005

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …


Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer Dec 2005

Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer

Matthew Rimmer

Of late, there has been a spate of popular and academic books decrying that copyright law has a detrimental impact upon freedom of expression. Most notably, in Free Culture, Lawrence Lessig has tilted at the comforting, consoling fiction of the Supreme Court of the United States in Harper & Row that ‘copyright is an engine of free expression’. He complains:

"Now that technology enables us to rebuild the library of Alexandria, the law gets in the way. And it doesn’t get in the way for any useful copyright purpose, for the purpose of copyright is to enable the commercial market …


Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz Dec 2005

Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz

Mark F Schultz

Conventional wisdom says that people using modern technology are unlikely to obey copyright law, absent fear of lawsuits or extremely strong copy protection. This Article challenges that conventional wisdom. It explores why people obey copyright law and concludes that people can be persuaded to obey copyright voluntarily, provided that copyright owners can encourage the development of pro-copyright social norms.

This Article contributes to both the social norms and the copyright literature by explaining how pro-copyright social norms might be fostered from a behavioral trait known as reciprocity. It draws insight from a case study of a community of music fans …