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Full-Text Articles in Legal Profession

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson Jan 2014

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …


Amicus Brief (Certiorari Stage) -- Kalyanaram V. New York Institute Of Technology, Adam Lamparello, Charles E. Maclean Jan 2014

Amicus Brief (Certiorari Stage) -- Kalyanaram V. New York Institute Of Technology, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Whistleblowers should not be required to pick their poison. They should not be penalized for following the law, particularly where, as here, the alleged “wrong” relied upon by the Second Circuit Court of Appeals was Petitioner’s compliance with the Act’s sealing provision. See 31 U.S.C. § 3730(b)(2) That provision expressly requires whistleblowers to maintain the confidentiality of qui tam lawsuits during the pendency of a government investigation. Petitioner followed the Act’s express mandate—and suffered the consequences.