Law Commons^™

A Technological Theory Of The Arms Race, Lee Kovarsky

Indiana Law Journal

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 …

Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee

Marquette Intellectual Property Law Review

Courts have consistently held that reverse engineering constitutes fair use under the Copyright Act. When Congress enacted the DMCA, it intended to codify the settled law. Nonetheless, the exemption Congress carved out for reverse engineering in the DMCA is too narrowly crafted to accommodate the many different purposes of reverse engineering. This Comment suggests that courts should develop a fair access defense for reverse engineering undertaken for purposes that do not satisfy the requirements of the DMCA exemption but do enable other, fair use-defensible uses of computer programs. The Comment outlines three factors to consider in applying a fair access …

Robbery Under Arms: Copyright Law And The Australia-United States Free Trade Agreement, Matthew Rimmer

Matthew Rimmer

The “Rootkit Debacle”: The Latest Chapter In The Story Of The Recording Industry And The War On Music Piracy, Megan M. La Belle

Scholarly Articles

In the age of digital music, illicit copying or burning of CDs is a rampant problem that undermines the rights of copyright holders, record labels, and artists alike. The recording industry has attempted to address this problem by manufacturing and releasing CDs with various types of digital rights management (DRM) technologies. Most recently, Sony BMG introduced CDs containing DRM software that was intended, among other things, to limit the number of copies of the CD the user could make, and prevent the user from sharing the content of the CD on peer-to-peer networks. However, the manner in which this software …

Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom

Richmond Journal of Law & Technology

With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.

Exporting Dmca Lockouts, Anupam Chander

Cleveland State Law Review

My goal here is limited. I do not attack the anti-circumvention provisions of the DMCA as wholly misguided; the desire to prevent widespread piracy of copyrighted works is understandable. At the same time, I do not mean to suggest that the critique I offer here is the sum of the adverse consequences of that statute, including for speech and education. My argument is limited to the threat posed by the export of the DMCA anti-circumvention rules, which do not explicitly guard against the anti-competitive use of those rules.Part I briefly sketches the difficulties created domestically by a DMCA inattentive to …

How To Give An Old Song A New License: A Recently Adopted Alternative To Rodgers And Hammerstein Organization V. Umg Recordings, Jacqueline M. Allshouse-Hutchens

Kentucky Law Journal

No abstract provided.