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Full-Text Articles in Intellectual Property Law

Googling Down The Cost Of Low Sanctions, Gregory Dolin Jan 2015

Googling Down The Cost Of Low Sanctions, Gregory Dolin

All Faculty Scholarship

This brief solicited response addresses Prof. Irina Manta's article "The High Cost of Low Sanctions," which appeared in 66 Florida Law Review 157 (2014). Prof. Manta argued argues that to the extent the substantive law is unjust, low sanctions, in the long run, potentially create more problems and are more likely to perpetuate injustice than high sanctions would. She demonstrates that the general theory is applicable to the world of copyright, and then explains why as of late, the public has become more aware of and more resistant to the imposition of additional sanctions. In Professor Manta's view, the reason …


Google As Copyright Iconoclast, James Gibson Jan 2015

Google As Copyright Iconoclast, James Gibson

Law Faculty Publications

Google’s role as a copyright defendant has provided fodder for many an essay in this series, particularly with regard to the Google Books litigation. (Incidentally, that litigation celebrates its tenth anniversary next month – and it’s still going strong.) A more recent Google case, however, is probably just as important, and it provides another interesting lesson in the Internet behemoth’s copyright litigation strategy.

The case is Oracle v. Google. In early 2010, Oracle acquired Sun Microsystems, the developer of Java, the popular cross-platform programming language. Soon thereafter, Oracle sued Google for copyright infringement, alleging that Google’s Android operating system copied …