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2003

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Full-Text Articles in Law

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen Dec 2003

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai Nov 2003

The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai

Cornell Law School J.D. Student Research Papers

The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups.

This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and ...


Liberty Versus Property? Cracks In The Foundations Of Copyright Law, Richard Epstein Oct 2003

Liberty Versus Property? Cracks In The Foundations Of Copyright Law, Richard Epstein

Fordham Law Faculty Colloquium Papers

The purpose of this paper is to recanvass what is surely old and familiar territory about the defenses, if any, that can be made for various forms of intellectual property—and for the purposes of this conference, particularly copyright—as a matter of both natural law and utilitarian theory, broadly conceived. In dealing with this issue, it is important to note that within the Lockean tradition, the function of representative government is to protect the lives, liberties and estates of the individuals who, as subjects or citizens, are subject to the exercise of state power. There is little doubt that ...


Reconstructing The Software License, Michael J. Madison Oct 2003

Reconstructing The Software License, Michael J. Madison

Michael J. Madison

This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.


Copyrighting Facts, Michael Steven Green Oct 2003

Copyrighting Facts, Michael Steven Green

Faculty Publications

No abstract provided.


Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan Sep 2003

Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan

Laura Quilter

Amicus brief in the MGM v. Grokster case.


Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan Sep 2003

Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan

Jennifer M. Urban

Amicus brief in the MGM v. Grokster case.


Introduction: Rights Of Attribution, Section 43(A) Of The Lanham Act, And The Copyright Public Domain, Tyler T. Ochoa Jul 2003

Introduction: Rights Of Attribution, Section 43(A) Of The Lanham Act, And The Copyright Public Domain, Tyler T. Ochoa

Faculty Publications

In Dastar Corporation v. Twentieth Century Fox Film Corporation, the U.S. Supreme Court will decide whether the former owner of the copyright in a "work made for hire" has a federal right of attribution that continues to exist even after the formerly copyrighted work has entered the public domain.

Fifteen intellectual property law professors filed anamicus brief in the case in support of the Petitioner. The brief, which is reprinted following this introduction, attempts to place the Dastar case in its historical context, as merely the latest effort on the part of former copyright owners to use trademark and ...


Law Of The Internet In Argentina., Guillermo Cabanellas Apr 2003

Law Of The Internet In Argentina., Guillermo Cabanellas

University of Miami Inter-American Law Review

No abstract provided.


A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll Apr 2003

A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll

Michael W. Carroll

Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or ...


Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison Apr 2003

Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison

Michael J. Madison

This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual property discourse, and that intellectual property narratives should be examined critically.


A Contractually Reconstructed Research Commons For Scientific Data In A Highly Protectionist Intellectual Property Environment, J. H. Reichman, Paul F. Uhlir Apr 2003

A Contractually Reconstructed Research Commons For Scientific Data In A Highly Protectionist Intellectual Property Environment, J. H. Reichman, Paul F. Uhlir

Law and Contemporary Problems

No abstract provided.


Mapping The Digital Public Domain: Threats And Opportunities, Pamela Samuelson Apr 2003

Mapping The Digital Public Domain: Threats And Opportunities, Pamela Samuelson

Law and Contemporary Problems

No abstract provided.


Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose Apr 2003

Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose

Law and Contemporary Problems

No abstract provided.


Through The Looking Glass: Alice And The Constitutional Foundations Of The Public Domain , Yochai Benkler Apr 2003

Through The Looking Glass: Alice And The Constitutional Foundations Of The Public Domain , Yochai Benkler

Law and Contemporary Problems

No abstract provided.


“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer Apr 2003

“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer

Law and Contemporary Problems

No abstract provided.


Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg Apr 2003

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Law and Contemporary Problems

No abstract provided.


Reimagining The Public Domain, David Lange Apr 2003

Reimagining The Public Domain, David Lange

Law and Contemporary Problems

In a paper included among this collection of works from the Duke Law School’s Conference on the Public Domain, James Boyle kindly credits an early essay of mine, Recognizing the Public Domain, with having contributed initially to the contemporary study of the subject. Boyle quotes a passage from that essay in which I suggested that "recognition of new intellectual property interests should be offset today by equally deliberate recognition of individual rights in the public domain . . . . Each [intellectual property] right ought to be marked off clearly against the public domain."


Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose Apr 2003

Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose

Law and Contemporary Problems

No abstract provided.


Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne Apr 2003

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Law and Contemporary Problems

No abstract provided.


The Second Enclosure Movement And The Construction Of The Public Domain, James Boyle Apr 2003

The Second Enclosure Movement And The Construction Of The Public Domain, James Boyle

Law and Contemporary Problems

No abstract provided.


Two Relationships To A Cultural Public Domain Apr 2003

Two Relationships To A Cultural Public Domain

Law and Contemporary Problems

It's been well over ten years since Negativland was sued by Island Records for supposed copyright infringement, trademark infringement, defamation of character and consumer fraud contained in our 1991 U2 single. In the big wide world of the ownership of ideas, a lot has changed since then-the advent of the Internet and its worldwide empowerment of individuals through personalized interconnection, the effects of economic globalization and how it bypasses both the ideologies of local governments and the rule of their national laws, and the Digital Millennium Copyright Act with which intellectual property owners are attempting to survive as all ...


Foreword: The Opposite Of Property?, James Boyle Apr 2003

Foreword: The Opposite Of Property?, James Boyle

Law and Contemporary Problems

In November of 2001, Duke University School of Law held a conference on the public domain; the "outside" of the intellectual property system, the material that is free for all to use and to build upon.1 So far as we could tell, this was the first conference on the subject, which is surprising when one realizes the central role of the public domain in our traditions of speech, innovation and culture. In many ways, this imbalance-the hundreds of conferences, centers and initiatives that have intellectual property as their focus, and the comparative dearth of attention on the public domain-provided ...


Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom Apr 2003

Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom

Law and Contemporary Problems

No abstract provided.


A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll Apr 2003

A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll

PIJIP Faculty Scholarship

Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or ...


What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson Apr 2003

What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson

Scholarly Works

With few exceptions, the U.S. Supreme Court has rendered wise copyright decisions consistent with the Copyright Clause. Unfortunately, Eldred v. Ashcroft adds to the exceptions. The difference is that the former are positive law, and the latter natural law, decisions.


Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims Mar 2003

Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck Jan 2003

How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck

Law Faculty Publications

In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.


Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye Jan 2003

Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye

Estelle Derclaye

No abstract provided.


The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España Jan 2003

The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España

Fordham Urban Law Journal

This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.