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2003

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Articles 1 - 30 of 52

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 Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais Nov 2003

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Daniel J Gervais

he paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. This paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported ...


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 ...


Copyrighting Facts, Michael Steven Green Oct 2003

Copyrighting Facts, Michael Steven Green

Faculty Publications

No abstract provided.


Reconstructing The Software License, Michael J. Madison Sep 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.


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.


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.


Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais Aug 2003

Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais

Daniel J Gervais

The use of sacred aboriginal art is nothing new. It is fairly common to see dream catchers hanging from rear view mirrors in cars. In Australia, sacred aboriginal designs are often found on tea towels, rugs and restaurant placemats. In the United States, people routinely Commercialize Navajo rugs containing both sacred and profane designs with no connection to the Navajo nation. Millions of dollars of Indian crafts imported from Asia are sold in the United States each year. Another example is the taking of sacred Ami chants by the German rock group Enigma for its song Return to Innocence. Can ...


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 ...


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.


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.


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.


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.


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 ...


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.


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.


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.


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 ...


“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.


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.


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."


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.


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.


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.


Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison Mar 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 Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll Mar 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 ...


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.


Fragmented Copyright, Fragmented Management:Proposals To Defrag Copyright Management, Daniel Gervais, Alana Maurushat Feb 2003

Fragmented Copyright, Fragmented Management:Proposals To Defrag Copyright Management, Daniel Gervais, Alana Maurushat

Daniel J Gervais

The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently on an individual basis. Requiring users to obtain permission from individual copyright holders for the use of a work was equally inefficient. Collectives, therefore, emerged to facilitate the clearance of rights between creators and users. Even with the facilitation of collectives in the process, clearing rights remains an inherently difficult and convoluted process. This is especially so in the age of the Internet where clearing rights for multimedia products ...