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Articles 61 - 77 of 77

Full-Text Articles in Intellectual Property Law

Enabling Copyright Consumers, Joseph P. Liu Dec 2006

Enabling Copyright Consumers, Joseph P. Liu

Joseph P. Liu

When is it acceptable for a company to help consumers engage in fair use of copyrighted works? One might think that the answer would be: “always.” After all, a fair use is a privileged use, which copyright grants to consumers of copyrighted works. Shouldn’t a company be entitled to help consumers do this in the most efficient way possible? Shouldn’t such a company, in fact, be lauded for making this process more efficient?
In fact, courts quite frequently hold companies liable for helping consumers engage in activities that would be fair or non-infringing uses if undertaken by consumers themselves. In …

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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 …

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Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García Oct 2006

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.

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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.

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Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jul 2006

Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos

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Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Joseph P. Liu, Stacey L. Dogan Dec 2004

Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Joseph P. Liu, Stacey L. Dogan

Joseph P. Liu

Drawing on recent work by Dan Burk and Mark Lemley in the patent context, this paper explores the extent to which courts have adapted pre-existing copyright doctrines to the special case of computer software. We argue that a number of courts have, as has been widely recognized, significantly adapted copyright doctrines to deal
with special features of the computer software market. We further argue that these adaptations have, by and large, positively sought to strike a balance between the copyright act's dual goals of incentive and access. Despite this general trend toward adaptation, however, we point to a handful of …

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Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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The Dmca And The Regulation Of Scientific Research, Joseph Liu Dec 2002

The Dmca And The Regulation Of Scientific Research, Joseph Liu

Joseph P. Liu

This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption research. In this Article, I argue that for both legal and practical reasons academic encryption researchers should be able to conduct and publish certain types of research without significant fear of liability under the DMCA. However, the DMCA will have a non-trivial impact on the conditions under which such research takes place, and this impact can be expected to have several undesirable effects. More broadly, this impact highlights the problematic way in which the DMCA regulates scientific research in furtherance of intellectual property rights. The …

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Copyright And Time: A Proposal, Joseph Liu Oct 2002

Copyright And Time: A Proposal, Joseph Liu

Joseph P. Liu

This Article argues that courts should adjust the scope of copyright protection by considering time as a factor in fair use analysis. More specifically, the longer it has been since a copyrighted work was published, the greater the scope of fair use should be. Up to now, most of the debate over the role of time in copyright law has focused on the controversial issue of copyright duration and term extension. By focusing so narrowly on the end of the copyright term, however, this debate has neglected the more significant issue of how time should affect the scope of copyright …

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Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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The Continuing Expansion Of Cyberspace Trespass To Chattels, Laura Quilter Jan 2002

The Continuing Expansion Of Cyberspace Trespass To Chattels, Laura Quilter

Laura Quilter

No abstract provided.

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Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu Dec 1998

Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu

Joseph P. Liu

The process of crafting and promulgating technical standards for the internet is often hailed as a prime example of how coordinated activity can take place on a distributed network with little central authority or formal “law.”  Often overlooked, however, is the fact that the internet’s technical standard-setting process rests on a number of highly contingent assumptions, assumptions that do not apply in other areas of internet governance.  This paper explores the limits of this dominant standard-setting approach to internet coordination, using the current controversy over internet domain names as a case study.  Such a case study reveals that existing attempts …

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Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.

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Case Comment, United States V. James Daniel Good Real Property, Edward Lee Dec 1993

Case Comment, United States V. James Daniel Good Real Property, Edward Lee

Edward Lee

No abstract provided.

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Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu May 1993

Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu

Joseph P. Liu

This Note argues that trial judges should instruct jurors about the consequences of an insanity verdict, but that judges must strive to minimize the potentially prejudicial impact of such an instruction by explicitly instructing the jury not to consider this information in arriving at a verdict.

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Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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