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Introduction, Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide, Tonya M. Evans, Michael R. Dimino, Nicole M. Santo 2009 Widener University - Harrisburg Campus

Introduction, Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide, Tonya M. Evans, Michael R. Dimino, Nicole M. Santo

Tonya M. Evans

No abstract provided.


Toward A Defense Of Fair Use Enablement, Joseph P. Liu 2009 Selected Works

Toward A Defense Of Fair Use Enablement, Joseph P. Liu

Joseph P. Liu

This Essay uses a personal anecdote to highlight a gap in current copyright law. Under current copyright doctrine, companies sued for direct copyright infringement are not generally able to assert the fair use arguments of their customers. Thus, for example, a photocopy shop sued for assembling course packs cannot argue that it is facilitating the fair use privileges of its student customers. This Essay argues that this approach is mistaken because it fails to take adequate account of the important role companies can play in practically enabling the fair use privileges of their customers. To fill this gap, this Essay ...


Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann 2009 New York University School of Law

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

Brett Frischmann

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 ...


Towards An Intellectual Property Bargaining Theory: The Post-Wto Era, Daniel Benoliel, Bruno Meyerhof Salama 2009 Selected Works

Towards An Intellectual Property Bargaining Theory: The Post-Wto Era, Daniel Benoliel, Bruno Meyerhof Salama

Bruno Meyerhof Salama

This article proposes a positive bargaining theory for intellectual property-based technologies in the post-WTO era. It focuses on negotiations between patent-sensitive industries and developing countries over legal endowments and access conditions in an archetypical patent-sensitive industry, namely the pharmaceutical industry. The ability on the part of developing countries to issue, or threaten to issue, compulsory licenses over pharmaceutical products serves as a working example. The article's analysis of the bargaining power possessed by developing countries combines a conventional assessment of market size with a qualitative analysis that highlights the effects of these countries' propensity to innovate. The ensuing bargaining ...


Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel 2009 FGV Law School in Sao Paulo

Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel

Bruno Meyerhof Salama

In the backdrop of the strict patent regime flatly adopted by the World Trade Organization (WTO) for all countries, a few countries constantly challenge this system through aggressive patent bargains. Within the pharmaceutical sector, noticeably, some countries now threaten to issue or otherwise actually issue compulsory licenses that may sway large pharmaceutical companies into selling drugs with large discounts or into granting voluntary licenses domestically. That is conspicuously the negotiation strategy adopted by Brazil in its negotiations with big international pharmaceutical companies. This paper explains Brazil’s aggressive bargaining approach based on an analysis of two aspects of its political ...


The Google Book Settlement And The Fair Use Counterfactual, 2009 Selected Works

The Google Book Settlement And The Fair Use Counterfactual

Matthew Sag

The sprawling Google Book litigation began as a dispute between the search engine colossus and a variety of authors and publishers over the legality of book digitization for the purpose of indexing paper collections and making them searchable. However, through the metamorphic power of class-action litigation, a dispute over mere indexing and search has been transformed into a comprehensive agreement over the future of the book as a digital commodity. Understanding this transformation and its implications is the central ambition of this Article. It does so by comparing the pending (now amended) Google Book settlement to the most likely outcome ...


Copyright Law In The United Arab Emirates In The Digital Age, Brian Fitzgerald, Rami M. Olwan 2009 Sharjah University, Business College

Copyright Law In The United Arab Emirates In The Digital Age, Brian Fitzgerald, Rami M. Olwan

Rami Olwan

This article gives an overview of copyright law in the United Arab Emirates (UAE) and critically evaluates its operation in the digital era, providing suggestions for reform.


Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison 2009 University of PIttsburgh

Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison

Michael J. Madison

The Supreme Court’s copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of “romantic authorship” in the 19th and 20th centuries, copyright critiques likewise ask, “Who is creative?” “How should creativity be protected (or not) and encouraged (or not)?” and “ Why protect creativity?” Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue ...


Unbranding, Confusion & Deception, Aaron K. Perzanowski 2009 Case Western Reserve University

Unbranding, Confusion & Deception, Aaron K. Perzanowski

Aaron K. Perzanowski

This Article addresses the phenomenon of unbranding. Unbranding occurs when a firm chooses to discontinue its use of a brand that has developed negative associations among consumers in favor of a new brand, often in hopes of escaping the consequences of inferior products or illegal activity. Companies like AIG, Blackwater, Philip Morris, and WorldComm have all employed this strategy in recent years. Unbranding represents a striking departure from branding orthodoxy, which stresses the maintenance of brand equity through the gradual evolution of a brand. After examining the factors that prompt firms to take the radical step of eliminating an established ...


A Closer Look: A Symposium Among Legal Historians And Law Librarians To Uncover The Spanish Roots Of Louisiana Civil Law, Vicenç Feliú, Dennis Kim-Prieto, Teresa Miguel 2009 Villanova University School of Law

A Closer Look: A Symposium Among Legal Historians And Law Librarians To Uncover The Spanish Roots Of Louisiana Civil Law, Vicenç Feliú, Dennis Kim-Prieto, Teresa Miguel

Vicenç Feliú

The debate regarding whether the origin of Louisiana civil law is based in the Spanish or in the French legal tradition has been ongoing since that state’s incorporation into the United States as a result of the Louisiana Purchase. Distinguished legal scholars have argued in favor of one tradition being dominant over the other, and each has been staunch in support of that view. This article proposes and demonstrates that the Spanish, not French, civil law had an enormous influence on the creation and evolution of Louisiana civil law, and that this legacy resonates today.

The article begins with ...


Some Optimism About Fair Use And Copyright Law, Michael J. Madison 2009 University of PIttsburgh

Some Optimism About Fair Use And Copyright Law, Michael J. Madison

Michael J. Madison

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.


How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. McGill 2009 University of Pennsylvania Law School

How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill

Aileen M McGill

After centuries of stagnant growth and international isolation, China has emerged as the fastest-growing economy in the world and one of the most important parties in international trade. This staggering growth and influx of foreign goods has led to rampant counterfeiting of brand-name goods in a society with little cultural basis for individual intellectual property rights. When Beijing was awarded the 2008 summer Olympics in 2001, the Chinese government moved quickly to prepare for this beloved international event, rallying this massive country for, what many considered to be their grand emergence onto the world stage. One of the reforms enacted ...


Reply: The Complexity Of Commons, Michael J. Madison 2009 University of PIttsburgh

Reply: The Complexity Of Commons, Michael J. Madison

Michael J. Madison

Constructing Commons in the Cultural Environment, and responses to that article by Professors Thráinn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Lawrence Solum. This short Reply comments briefly on each of those responses.


In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski 2009 Case Western Reserve University

In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski

Aaron K. Perzanowski

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.


Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte 2009 Southern Illinois University School of Law

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.


Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson 2009 Bi-Level Technologies

Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani 2009 Government Law College, Mumbai

From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani

Rishabh Jogani

This article deals with human rights organisations and their organisational set up along with the indian perspective of the same.


Creativity And Craft, Michael J. Madison 2009 University of PIttsburgh

Creativity And Craft, Michael J. Madison

Michael J. Madison

I revisit the distinction between intangible works of authorship and tangible objects, which is a fundamental proposition of modern copyright law. I suggest that reconsidering that distinction, at least in part, may expand the range of possibilities for aligning modern copyright as an economic construct with the historical roots of copyright and with ethical claims about authorial expression. Revisiting that distinction also may provide contemporary lawyers and policymakers with a much-needed tool for managing challenges posed by digital technology.


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