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Articles 31 - 60 of 179
Full-Text Articles in Intellectual Property Law
It Pricing: Copyright Law, Consumer Rights, And Competition Policy. A Submission To The House Of Representatives Standing Committee On Infrastructure And Communications Inquiry Into It Pricing, Matthew Rimmer
Matthew Rimmer
Justice Lionel Murphy‘Copyright is being used to manipulate the Australian market.’Justice Michael Kirby‘In effect, and apparently intentionally, those [technological] restrictions reduce global market competition. They inhibit rights ordinarily acquired by Australian owners of chattels to use and adapt the same, once acquired, to their advantage and for their use as they see fit.’US Attorney-General Eric Holder‘As a result of this alleged conspiracy, we believe that consumers paid millions of dollars more for some of the most popular titles.’Justice Denise Coates‘There can be no denying the importance of books and authors in the quest for human knowledge and creative expression, and …
Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis
Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis
Pepperdine Law Review
This article proposes a series of copyright reforms to pave the way for digital library projects like Project Gutenberg, the Internet Archive, and Google Print, which promise to make much of the world's knowledge easily searchable and accessible from anywhere. Existing law frustrates digital library growth and development by granting overlapping, overbroad, and near-perpetual copyrights in books, art, audiovisual works, and digital content. Digital libraries would benefit from an expanded public domain, revitalized fair use doctrine and originality requirement, rationalized systems for copyright registration and transfer, and a new framework for compensating copyright owners for online infringement without imposing derivative …
Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan
Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan
Richmond Journal of Law & Technology
The past two decades have witnessed breathtaking increases in computing power, as well as equally impressive strides in manufacturing efficiency and technological innovation. Powerful, cheap, and interconnected, modern personal computers, smart phones, and e-readers are rapidly sculpting a landscape of ubiquitous computing. From shopping online to streaming movies, from social networking to online dating, and from paying bills to reading digitized books, the average American now expects the convenient digitization of historically analogue practices and media. In the workplace, this trend has expressed itself through a strong push toward paperless practices. In the music and movie industries, this trend has …
Liability For Trademark Infringement For Internet Service Providers, Katja Weckström
Liability For Trademark Infringement For Internet Service Providers, Katja Weckström
Marquette Intellectual Property Law Review
In the wake of the millennium and the rise of the internet, legislative action was taken to shelter internet service providers (ISPs) from various forms of legal action. In the turmoil of chartering new and unregulated territory, such a safe harbor was deemed necessary to protect startup businesses. Today, these internet actors (e.g. Google, Amazon, and eBay) have grown strong and powerful. Thus, intellectual property holders have started to challenge this privilege in court. Increasingly, owners of famous marks seek liability and damages for direct and indirect trademark infringement in courts around the globe. This Article will focus on liability …
A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau
A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau
Richmond Journal of Law & Technology
Bulletin boards and pushpins are archaic. Yet, each day represents a new paradigm for the technologically savvy. Innovators pair old concepts with new functionalities and technology, often achieving groundbreaking results. Digital counterparts for Post-It notes emerged for computers and other wireless devices. Other examples abound. Thus, it is no surprise that pins and boards also have new meaning in the digital age. Credit is due to the founders of Pinterest, a nascent social networking site with a devoted following, for modernizing the pin. As a newer social networking site, Pinterest has experienced unparalleled growth after its inception only a few …
Antibiotic Resistance, Jessica D. Litman
Antibiotic Resistance, Jessica D. Litman
Articles
Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …
Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis
Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis
Fordham Intellectual Property, Media and Entertainment Law Journal
The smartphone has turned a user’s location into valuable information. Users of smart devices can use location-based mobile services to get driving directions, check into social networks, or even see which of their friends are around. But the use of this technology, and the new type of data created by it, raises privacy concerns as to who has access to one's location-based information. Because the only legislation covering this technology, the Electronic Communications Privacy Act, is more than twenty-five years old, courts encounter problems when trying to use it to resolve these privacy issues, often reaching illogical results. This Note …
As Antitrust Case Ends, Microsoft Is Victorious In Defeat, Norman Hawker, Robert H. Lande
As Antitrust Case Ends, Microsoft Is Victorious In Defeat, Norman Hawker, Robert H. Lande
All Faculty Scholarship
As the final judgment in the celebrated Microsoft case ends, this piece very briefly assesses the impact of its remedy. When evaluated in terms of its most important goals, the remedy has proven to be a failure. Microsoft's monopoly power in the PC operating systems market is now as great as it was when the case was brought in 1998 or the remedy was ordered in 2002. The article also very briefly discusses the implications of this remedy for Google and AT&T.
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Reuven Ashtar
This Article deals with the Digital Millennium Copyright Act’s anti-circumvention provision, Section 1201, and its relationship to licensing. It argues that not all digital locks and contractual notices qualify for legal protection under Section 1201, and attributes the courts’ indiscriminate protection of all Digital Rights Management (DRM) measures to the law’s incoherent formulation. The Article proposes a pair of filters that would enable courts to distinguish between those DRM measures that qualify for protection under Section 1201, and those that do not. The filters are shown to align with legislative intent and copyright precedent, as well as the approaches recently …
Determining The Scope Of Trademark Rights By Recourse To Value Judgements Related To The Effectiveness Of Competition - The Demise Of The Trademark-Use Requirement And The Functional Analysis Of Trademark Law, Apostolos Chronopoulos
Determining The Scope Of Trademark Rights By Recourse To Value Judgements Related To The Effectiveness Of Competition - The Demise Of The Trademark-Use Requirement And The Functional Analysis Of Trademark Law, Apostolos Chronopoulos
Apostolos Chronopoulos
This paper examines the doctrinal implications of the principle of complementarity between intellectual property rights and competition law in the field of trademarks. The systematic adherence of trademark rights to the wider set of norms regulating the competitive process implies that their teleology should take into consideration value judgements related to the effectiveness of competition. Neither the limiting concept of trademark use nor the legal recognition of some “economic trademark functions” is apt to fulfil this legal task. It is therefore submitted that the normative valuations flowing out of competition law should be implemented through a purposive interpretation of the …
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez
NYLS Law Review
No abstract provided.
The Why In Diy Book Scanning, Daniel Reetz
Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso
Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso
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. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google
Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, 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. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer
Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer
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. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano
Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano
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. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano
Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano
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. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
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. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien
Vol. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien
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. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
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 - Spaziano Declaration In Opposition To Google's Motion, Jennifer Spaziano
Vol. Ix, Tab 46 - Spaziano Declaration In Opposition To Google's Motion, Jennifer Spaziano
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 47 - Declaration Of Henry Lien (Counsel For Google), Henry Lien
Vol. Ix, Tab 47 - Declaration Of Henry Lien (Counsel For Google), Henry Lien
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. Xi, Tab 48 - Declaration Of Kris Brewer (Associate Discovery Counsel For Google), Kris Brewer
Vol. Xi, Tab 48 - Declaration Of Kris Brewer (Associate Discovery Counsel For Google), Kris Brewer
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. Xii, Tab 49 - Declaration Of Thai Le In Support Of Google's Opposition To Partial Summary Judge As To Liability, Thai Le
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 45 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
Vol. Ix, Tab 45 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
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 - Bill Lloyd Declaration (Google Ad Support Team Lead), Bill Lloyd
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 41 - Spaziano Declaration, Jennifer Spaziano
Vol. Ix, Tab 41 - Spaziano Declaration, Jennifer Spaziano
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 42 - Declaration Of Cheryl Galvin, Cheryl Galvin
Vol. Ix, Tab 42 - Declaration Of Cheryl Galvin, Cheryl Galvin
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 38 - Ex. 76 - Wojcicki Deposition (Google Vice-President Product Management), Susan Wojcicki
Vol. Viii, Tab 38 - Ex. 76 - Wojcicki Deposition (Google Vice-President Product Management), Susan Wojcicki
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. R - Wojcicki Deposition (Google Vice-President Product Management), Susan Wojcicki
Vol. Ix, Tab 41 - Ex. R - Wojcicki Deposition (Google Vice-President Product Management), Susan Wojcicki
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?