Intellectual Property Law Commons^™

No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder

Maine Law Review

Lack of sanguinity for cities was manifest after the Supreme Court’s May 1, 2017, opinion in Bank of America Corporation v. City of Miami. Although Bank of America recognized that cities have Article III standing to sue for economic injuries suffered from predatory lending, the Supreme Court rejected the Eleventh Circuit’s more lenient causation standard, favoring proof of “some direct relation between the injury asserted and the injurious conduct alleged.” Doubtless the result could have been worse for cities suing on the premise that racially discriminatory lending caused municipal blight. The courthouse doors could have closed if the ...

Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan

University of Massachusetts Law Review

Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make ...

Intellectual Property Policies For Solar Engineering, Jesse L. Reynolds, Jorge L. Contreras, Joshua D. Sarnoff

Utah Law Faculty Scholarship

Governance of solar geoengineering is important and challenging, with particular concern arising from commercial actors’ involvement. Policies relating to intellectual property, including patents and trade secrets, and to data access will shape private actors’ behavior and regulate access to data and technologies. There has been little careful consideration of the possible roles of and interrelationships among commercial actors, intellectual property, and intellectual property policy. Despite the current low level of commercial activity and intellectual property rights in this domain, we expect both to grow as research and development continue. Given the public good nature of solar geoengineering, the relationship between ...

Innovating Criminal Justice, Natalie Ram

Northwestern University Law Review

From secret stingray devices that can pinpoint a suspect’s location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools.

This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed ...

The Evolving Institutional Repository Landscape, Judy Luther

Copyright, Fair Use, Scholarly Communication, etc.

Advances in technology affecting content creation and digital dissemination continue to reshape the role of academic libraries. The impact of these changes requires reimagining a strategy for the library built around digital collections–not only those acquired from publishers but the growing variety of files created in the development of scholarship and learning. Institutional Repositories (IRs) are emerging as a vehicle for new directions in how libraries can support the academic community both locally and globally.

To gain insights and gather data on IR operations, we conducted interviews, an open survey, and web research to obtain a snapshot of the ...

Mdpi Annual Report 2017, Mdpi

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Message from the CEO ● MDPI at a Glance ● Key Figures ● 19 Journals Launched in 2017 ● Preprints.org in 2017 ● Scilit in 2017 ● Sciforum in 2017 ● Institutional Open Access Program in 2017 ● OA Initiatives in 2017 ● Top MDPI Books in 2017 ● Journal Development in 2017 ● Journals Tracked for Impact Factor in 2018 ● Electronic Conferences in 2017 ● Call for Expression of Interest ● Physical Conferences in 2017 ● About MDPI ● Corporate Social Responsibility at MDPI ● Upcoming Physical Conferences in 2018 ● Collaborations with Societies ● JAMS ● Stay Connected

The year 2017 has been extremely interesting and rewarding for open access publishing and for open science ...

Assessing The Effectiveness Of The Eco-Patent Commons: A Post-Mortem Analysis, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers

Utah Law Faculty Scholarship

The authors revisit the effect of the “Eco-Patent Commons” (EcoPC) on the diffusion of patented environmentally friendly technologies following its discontinuation in 2016. Established in January 2008 by several large multinational companies, the not-for-profit initiative provided royalty-free access to 248 patents covering 94 “green” inventions. In previous work, Bronwyn Hall and Christian Helmers (2013) suggested that the patents pledged to the commons had the potential to encourage the diffusion of valuable environmentally friendly technologies. The updated results in this paper now show that the commons did not increase the diffusion of pledged inventions, and that the EcoPC suffered from a ...

Book Review: Choreographing Copyright: Race, Gender, And Intellectual Property Rights In American Dance By Anthea Kraut, Carys Craig

Carys Craig

Dance may be one of the world’s oldest art forms, but it is a relatively recent entrant into the sphere of copyright law—and remains something of an afterthought amongst copyright lawyers and scholars alike. For copyright scholars, at least, that should change with the publication of Anthea Kraut’s CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE. Kraut performs a fascinating exploration of the evolution of choreographic copyright—sweeping, political, polemical—that should leave no one in doubt as to the normative significance of choreography as a subject matter of copyright law and policy. Nor ...

Opening Academic Publishing - Development And Application Of Systematic Evaluation Criteria, Anna Björk, Juho-Matti Paavola, Teemu Ropponen, Mikael Laakso, Leo Lahti

Copyright, Fair Use, Scholarly Communication, etc.

This report summarizes the development of a standardized scorecard for evaluating the openness of academic publishers. The assessment was completed in January 2018 as part of the Open Science and Research Initiative of the Finnish Ministry of Education and Culture.

The project complements the previous reports published by the Open Science and Research Initiative and the Finnish Ministry of Education and Culture, which have covered (i) the openness of universities and polytechnics, (ii) the overall situation of OA publishing costs in Finland, and (iii) research organization and research funding organizations, including selected European research funders.

The project mapped and evaluated ...

Remaking Making: Integrating Self-Replicating Technologies With The Exhaustion Doctrine, Adanna Uwazurike

Boston College Law Review

Self-replicating technologies such as genetically modified organisms have unquestionably improved the farming industry. In order to ensure continued innovation in this area, the law has increasingly established protections for this technology. Although the exhaustion doctrine serves as a limit to a patent holder’s rights, the application of the current patent infringement regime may be over-inclusive as self-replicating technologies continue to advance. This Note identifies Bowman v. Monsanto as a recent example of how self-replicating patented products could lead to blanket infringement liability, including for innocent infringers. This Note recommends that the definition of “making” be redefined to include only ...

The Road To Marshall: Of Venue, Trolls, And The Eastern District Of Texas, Jesus Efren Cano

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Chasing Echos Of Obscenity Exceptionalism In Copyright: Recent Swarm Cases, James R. Alexander

Chicago-Kent Journal of Intellectual Property

No abstract provided.

European Parliament Resolution Of 9 July 2015 And Its Progeny: Why The Digital Age Demands A Single European Copyright Title, Kevin J. Cammiso

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Complex Innovation And The Patent Office, Ryan Whalen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

May You Live In Interesting Times: Patent Law In The Supreme Court, Seth P. Waxman

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Permission Impossible: An Exception-Based Legislative Solution For Digitizing Copyright-Protected Works, Connor J. Hansen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Innovators Beat The Climate Change Heat With Humanitarian Licensing And Patent Pools, Andrea Nocito

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Patent Exhaustion Connects Common Law To Equity: Impression Products, Inc. V. Lexmark International, Inc., Kumiko Kitaoka

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Diluted Reality: The Intersection Of Augmented Reality And Trademark Dilution, Ariane Takano

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza

Pace Intellectual Property, Sports & Entertainment Law Forum

In modern trademark law the process of registering a valid trademark is straightforward. In the United States the Lanham Act is the ruling law of trademark law. The Lanham Act grants protection to the owner of a registered mark which is distinctive and used in commerce. Assuming all the requirements are met, the owner of a mark can use the mark within its discretion and enjoy the protection under the Lanham Act. As trademark law has continued to evolve, the law has expanded to protect previously unforeseen categories. The two most obvious examples which demonstrate the evolution of protection under ...