Law Commons^™

Unavoidability In U.S. Privacy Law, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.

But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …

America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay

Pace Intellectual Property, Sports & Entertainment Law Forum

Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?

To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go in …

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus …

Making The Rules: The Governance Of Standard Development Organizations And Their Policies On Intellectual Property Rights, Justus Baron, Jorge L. Contreras, Martin Husovec, Pierre Larouche, Nikolaus Thumm

Utah Law Faculty Scholarship

This study provides a comprehensive analysis of the governance of standard development organizations (SDOs), with a particular emphasis on organizations developing standards for Information and Communication Technologies (ICT). The analysis is based on 17 SDO case studies, a survey of SDO stakeholders, an expert workshop, and a comprehensive review of the legal and economic literature. The study considers the external factors conditioning SDO decision making on rules and procedures, including binding legal requirements, government influence, the network of cooperative relationships with other SDOs and related organizations, and competitive forces. SDO decision-making is also shaped by internal factors, such as the …

A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst

Fordham Intellectual Property, Media and Entertainment Law Journal

How is it that the Supreme Court, a generalist court, is leading a project of innovation reform in our times while the court of appeals established to encourage innovation is having its precedent stricken down time and again? This decade the Supreme Court has issued far more patent law decisions than in any decade since the passage of the Patent Act of 1952. In doing so, the Supreme Court has overruled the Federal Circuit in roughly threequarters of the patent cases in which the Supreme Court has issued opinions. In most of these cases, the Supreme Court has established rules …

Antimicrobial Resistance (Amr) And Multidrug Resistance (Mdr): Overview Of Current Approaches, Consortia And Intellectual Property Issues, Andrew Jenner, Niresh Bhagwandin, Stanley P. Kowalski

Law Faculty Scholarship

The supply of new diagnostics and treatments is insufficient to keep up with the increase in antimicrobial resistance (AMR) and multidrug resistance (MDR) as older medicines are used more widely and microbes develop resistance to them. At the same time, significant quantities of antibiotics are used on patients and animals that do not need them, while others who do need them lack access.

Effective responses to AMR/MDR require effort by both the public and private sectors to develop and disseminate new diagnostics, vaccines and treatments on a global scale, as well as to adapt them to local needs. This calls …

Laying The Foundation For Copyright Policy And Practice In Canadian Universities, Lisa Di Valentino

Electronic Thesis and Dissertation Repository

Due to significant changes in the Canadian copyright system, universities are seeking new ways to address the use of copyrighted works within their institutions. While the law provides quite a bit of leeway for use of copyrighted materials for educational and research purposes, the response by Canadian universities and related associations has not been to fully embrace their legal rights – rather, they have taken an approach that places emphasis on risk avoidance rather than maximizing use of materials, unlike their American counterparts. In the U.S., where educational fair use is arguably less flexible in application than fair dealing, there …

Locking Out Locke: A New Natural Copyright Law, Joseph A. Gerber

Fordham Intellectual Property, Media and Entertainment Law Journal

For decades lawyers, professors, philosophers, and law students have been trapped in an endless, two-sided debate regarding the justification for copyright law in the United States. On one side stand the utilitarians, who argue that modern American copyright law amounts to nothing more than positive law2 in the form of an economic incentive for authors to express themselves creatively. Natural law theorists, on the other hand, argue that there is some- thing more substantial behind the current copyright regime—that copyright is not merely a formulation of positive law, but a recogni- tion of philosophical principles of ownership inherent in the …

Framing The Question, "Who Governs The Internet?", Robert J. Domanski

Publications and Research

There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to …

To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid

Shlomit Yanisky-Ravid Professor of Law

Social networking has increasingly become the most common venue of self-expression in the digital era. Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data ("screening") of applicants, employees or former employees.

This article addresses the questions of whether this casual business routine harms employees' rights to privacy with regard to data users post in social networks, what the drawbacks of this routine may be, and why and how privacy rights should be protected to secure private zones within the virtual sphere. The article suggests that a privacy right …

Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur

Marquette Intellectual Property Law Review

None.

Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin

Pepperdine Law Review

No abstract provided.

Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.

Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji

Dalhousie Law Journal

African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …

The Ethics Of Genetic Patenting And The Subsequent Implications On The Future Of Health Care, Suzanne Ratcliffe

Touro Law Review

No abstract provided.

Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler Iii, Alan D. Viard, Benjamin Wittes

Journal Articles

The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of sustaining growth both in the short and long runs. In response to this challenge, the Kauffman Foundation convened a number of America’s leading legal scholars and social scientists during the summer of 2010 to present and discuss their ideas for changing legal rules and policies to promote innovation and accelerate U.S. economic growth. This meeting led to the publication …

India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash

VED PRAKASH

India is among the world's top 10 spenders on defence. Currently, India allows only 26 per cent Foreign Direct Investments (“FDI”) in the Defence Sector. The Indian Government is considering a proposal to allow 100 per cent FDI into the Defence Sector.

Vol. Viii, Tab 39 - Bill Lloyd Declaration (Google Ad Support Team Lead), Bill Lloyd

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 46 - Ex. 57 - Deposition Of Baris Gultekin (Google Group Product Manager For Adwords), Baris Gultekin

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Viii, Tab 39 - Ex. 3 - Google's Trademark Complaint Policy, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article examines the federal income tax regime governing intellectual property using normative criteria in evaluating taxes: equity and efficiency. The article first evaluates the current intellectual property tax scheme in terms of horizontal equity, identifying differences in tax treatment of what appear to be similar intellectual property activities. It argues that disparate tax treatments between seemingly similar intellectual property owners signal that flaws may exist in the tax system. The article then assesses the efficiency of the intellectual property tax system, examining numerous tax subsidies for intellectual property and their effectiveness in promoting economic growth. It argues that many …

December Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

Obama's speech to the United Nations General Assembly (September, 2009).

and

Does Obama believe in human rights? By Bret Stephens. The Wall Street Journal. October 19, 2009.

Optimal Patent Jurisprudence, Scott Baker, Claudio Mezzetti

Scholarship@WashULaw

We model judicial learning about optimal patent policy. The court is infinitely lived; the plaintiff and defendant are short lived. Litigated cases provide the court with information about the optimal rule. Different cases provide different sorts of information. Opinions influence the stream of future cases likely to be litigated and, as a result, change the flow of information to the court. In structuring opinions, courts make decisions whether to learn fast or slow. We have three main results. First, patent law will stabilize even if the court places zero value on the "predictability" of legal rules. Second, path dependence of …

When Second Comes First: Correcting Patent’S Poor Secondary Incentives Through An Optional Patent Purchase System, Jordan Barry

ExpressO

As research has advanced, technologies have become more closely knit, and the relationships between them—both complementary and competitive—have become increasingly important. Unfortunately, the patent system’s use of monopoly power to reward innovators creates inefficient results by overly encouraging the development of substitute technologies and discouraging the development of complementary technologies. This paper explains how an optional patent purchase system could help ameliorate such problems and discusses the implications of such a system.

The "Printed Publication" Bar After Klopfenstein: Has The Federal Circuit Changed The Way Professors Should Talk About Science?, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in academic science. In Klopfenstein, the Federal Circuit held that the posting of lecture slides after a talk triggered the printed publication bar of the patent statute. First, I argue (contrary to other commentators) that the Federal Circuit is consistent with prior precedent; that the public accessibility and dissemination inquiries should rest on substance rather than form. The focus of the § 102(b) inquiry remains on the inventor, who should lose the …

The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic

Seattle University Law Review

The Article's framework for considering the value of history in shaping strategy is the effort of the Federal Trade Commission (FTC) to apply its competition policy powers to issues involving intellectual property (IP). The Article chooses the example of intellectual property because of its importance to the modern work of the FTC and the increasingly significant place that intellectual property and, more generally, technology-driven innovation hold in the field of competition policy. To provide context for the discussion, Part II of the Article presents a profile of the FTC's modern competition policy initiatives concerning intellectual property. Part III then reviews …

Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance

Scholarly Works

This Article examines the application of section 43(a) of the Lanham Act to claims of reverse passing off through the lens of the Supreme Court's unpersuasive effort in Dastar Corp. v. Twentieth Century Fox Film Corp. to exclude a single class of reverse passing off-claims - those involving “expressive” works as opposed to physical commodities - from the scope of section 43(a). The Article critiques the Court's analysis of section 43(a) in light of case law and the pertinent legislative history, including, the Trademark Law Revision Act of 1988, the Berne Convention Implementation Act of 1988, and the Visual Artists …

Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 41 - Ex. 5 - Google Advertising Policy Review, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?