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Access To Knowledge In Africa: The Role Of Copyright, Jeremy de Beer 2010 University of Ottawa

Access To Knowledge In Africa: The Role Of Copyright, Jeremy De Beer

Jeremy de Beer

No abstract provided.


An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory M. Dickinson 2010 Harvard Law School

An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory M. Dickinson

Gregory M Dickinson

Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability so long as they are not the literal authors of offensive content. Although this broad interpretation effects the basic goals of the statute, it ignores several serious textual difficulties and mistakenly extends protection too far by immunizing even direct participants in tortious conduct.

This analysis, which examines the text and history of Section 230 in light of two strains of pre-Internet vicarious liability defamation doctrine, concludes that the immunity provision of Section 230, though ...


Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser 2010 University of Pennsylvania Law School; Bar Ilan University, Faculty of Law, Israel

Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser

Articles

For centuries, the fair use doctrine has been the main--if not the exclusive--bastion of user rights. Originating in the English courts of equity, the doctrine permitted users, under appropriate circumstances, to employ copyrighted content without the rightsholder's consent. In the current digital media environment, however, the uncertainty that shrouds fair use and the proliferation of technological protection measures undermine the doctrine and its role in copyright policy. Notably, the enactment of the Digital Millennium Copyright Act, which prohibits the circumvention of technological protection measures even for fair use purposes, has diminished the ability of fair use to counterbalance a ...


Enhancement Of Protection Of Geographical Indications, Dharmendra Chatur 2010 Christ University School of Law

Enhancement Of Protection Of Geographical Indications, Dharmendra Chatur

Dharmendra Chatur

Should the additional protection granted to Wines and Spirits under TRIPS be guaranteed to all other Geographical Indications?


China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson 2010 SelectedWorks

China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.


Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson 2010 SelectedWorks

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.


Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson 2010 SelectedWorks

Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.


Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann 2010 New York University School of Law

Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann

Katherine J. Strandburg

This Article sets out a framework for investigating sharing and resource pooling arrangements for information and knowledge-based works. We argue that the approach to commons arrangements in the natural environment pioneered by Elinor Ostrom and collaborators provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another.

An improved understanding ...


Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco 2010 Chicago-Kent College of Law

Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco

Christopher Sprigman

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...


The Overly Active Corpse Of Red Lion, Thomas W. Hazlett, Sarah Oh, Drew Clark 2010 Northwestern Pritzker School of Law

The Overly Active Corpse Of Red Lion, Thomas W. Hazlett, Sarah Oh, Drew Clark

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger 2010 Northwestern Pritzker School of Law

Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


An Uncertain Future: The Impact Of Medical Process And Diagnostic Method Patents On Healthcare In The United States, Margaret Kubick 2010 Northwestern Pritzker School of Law

An Uncertain Future: The Impact Of Medical Process And Diagnostic Method Patents On Healthcare In The United States, Margaret Kubick

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Project Configuration, Mark D. Janis, Susan Scafidi, Orit Fischman Afori, Wendy J. Gordon, Jonathan Moskin 2010 Indiana University Maurer School of Law

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Project Configuration, Mark D. Janis, Susan Scafidi, Orit Fischman Afori, Wendy J. Gordon, Jonathan Moskin

Articles by Maurer Faculty

No abstract provided.


Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli 2010 Indiana University Maurer School of Law

Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli

Articles by Maurer Faculty

This article studies the law and economics of cooling-off periods and secondary markets for online media. The discussion is fueled by a current debate: In July 2009, the online retail juggernaut, Amazon.com, remotely deleted literary classics from consumers’ portable “Kindle” reading devices. The public outcry and class-action lawsuit that followed have reinvigorated an ongoing debate about how much control digital media distributors should wield. Pundits and plaintiffs argue that too often, digital distributors like Amazon impair consumer freedom by misusing Digital Rights Management (DRM) software systems. However, these same systems could also provide significant benefits that have largely gone ...


Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin 2010 Duke Law School

Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin

Faculty Scholarship

Human Rights and Intellectual Property: Mapping the Global Interface explores the intersections between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, the creators and owners of intellectual property are asserting a human rights justification for the ...


Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack 2010 Villanova University Charles Widger School of Law

Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman 2010 Villanova University Charles Widger School of Law

Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Surefoot Lc V. Sure Foot Corp.: A New Standard For Tenth Circuit Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Or How Cardtoons Got The Boot, John M. Bunting 2010 University of Oklahoma College of Law

Surefoot Lc V. Sure Foot Corp.: A New Standard For Tenth Circuit Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Or How Cardtoons Got The Boot, John M. Bunting

Oklahoma Law Review

No abstract provided.


Vol. Vi, Tab 38 - Declaration Of Margret M. Caruso, Margret M. Caruso 2010 Google

Vol. Vi, Tab 38 - Declaration Of Margret M. Caruso, Margret M. 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?


A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley 2010 University of Georgia School of Law

A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley

Scholarly Works

Some of the most important statements in our nation’s rich copyright jurisprudence were written by Justice Holmes over a century ago in Bleistein v. Donaldson Lithographing Co.,a case holding that circus posters were entitled to copyright protection.

In Bleistein, Justice Holmes stated that “[i]t would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of [writings, illustrations, music and other forms of expression] outside of the narrowest and most obvious limits.” This announced what has been called the principle of “aesthetic non-discrimination.

“Pull My Finger Fred,” and ...


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