Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright,
2012
Case Western Reserve University School of Law
Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague
Journal of Law, Technology, & the Internet
No abstract provided.
The Sound Of Silence: The Legality Of The American "Kill Switch" Bill,
2012
Case Western Reserve University School of Law
The Sound Of Silence: The Legality Of The American "Kill Switch" Bill, Deborah Beth Medows
Journal of Law, Technology, & the Internet
No abstract provided.
Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule,
2012
Case Western Reserve University School of Law
Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White
Journal of Law, Technology, & the Internet
No abstract provided.
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012),
2012
UIC School of Law
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
UIC Law Review
No abstract provided.
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012),
2012
UIC School of Law
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer
UIC Law Review
No abstract provided.
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012),
2012
UIC School of Law
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
UIC Law Review
No abstract provided.
No 'Direction' Home: An Alternative Approach To Joint Infringement,
2012
Southern Methodist University, Dedman School of Law
No 'Direction' Home: An Alternative Approach To Joint Infringement, W. Keith Robinson
Faculty Journal Articles and Book Chapters
U.S. start-ups continue to create new technologies that provide a high degree of connectivity between consumer devices such as mobile phones. In order to protect their innovations, many companies acquire patents that contain method claims covering interactive technology. To successfully enforce a patent when more than one party performs all of the steps of a claimed method, the Federal Circuit has held under its joint infringement doctrine that the patentee must show that one of the alleged infringers “directed or controlled” the actions of the other party. Perceptive parties that form a relationship that does not rise to the level …
Beneficiaries Of Misconduct: A Direct Approach To It Theft,
2012
American University, Washington College of Law
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Articles in Law Reviews & Other Academic Journals
Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …
The America Invents Act: Strategic Perspectives,
2012
Southern Methodist University, Dedman School of Law
The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson
SMU Science and Technology Law Review
No abstract provided.
The Year In Video Game Law,
2012
Southern Methodist University, Dedman School of Law
The Year In Video Game Law, W. Keith Robinson, Xuan-Thao Nguyen
SMU Science and Technology Law Review
No abstract provided.
Welcoming Remarks,
2012
Southern Methodist University, Dedman School of Law
Welcoming Remarks, Joseph J. Norton
SMU Science and Technology Law Review
No abstract provided.
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries,
2012
University of Colorado Law School
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries, Scott R. Peppet
Publications
No abstract provided.
Freedom Of Contract In An Augmented Reality: The Case Of Consumer Contracts,
2012
University of Colorado Law School
Freedom Of Contract In An Augmented Reality: The Case Of Consumer Contracts, Scott R. Peppet
Publications
This Article argues that freedom of contract will take on different meaning in a world in which new technology makes information about places, goods, people, firms, and contract terms available to contracting parties anywhere, at any time. In particular, our increasingly "augmented reality" calls into question leading justifications for distrusting consumer contracts and strengthens traditional understandings of freedom of contract. This is largely a descriptive and predictive argument: This Article aims to introduce contract law to these technologies and consider their most likely effects. It certainly has normative implications, however. Given that the vast majority of consumer contracting occurs in …
Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability,
2012
Vanderbilt University Law School
Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye
Vanderbilt Journal of Entertainment & Technology Law
The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is the incentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if …
Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud,
2012
UC Law SF
Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery
UC Law Science and Technology Journal
Clinical investigator fraud is a very real problem, and falls squarely within FDA's mandate to protect the public health. The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. FDA did promulgate such regulations, and the Eighth Circuit held that a failure to follow these regulations is a violation of section 355(i) of the FDCA. A violation of section 355(i) is considered a violation of section 331(e), and a violation of 331(e) can result in criminal sanctions under section 333(a). Thus, this tenuous chain …
Open Source And The Age Of Enforcement,
2012
UC Law SF
Open Source And The Age Of Enforcement, Heather J. Meeker
UC Law Science and Technology Journal
The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims. Understanding the distinctions between open source software claims and other intellectual property claims is key to reacting to open source claims gracefully, effectively, and with a minimum of embarrassment and cost. This Article provides a survey of where we stand today and demonstrates how this area of law has developed. We will be soon nearing the point where catalogs of open source …
The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses,
2012
UC Law SF
The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox
UC Law Science and Technology Journal
Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In order to address this problem, a proposal for a "patent pool" emerged that would rely on voluntary licenses by patent holders to enable the production of more affordable generic medicines. This article briefly describes the history of patent pools before focusing specifically on the UNITAID-supported Medicines Patent Pool. It analyzes the specific …
Indirect Exploitation Of Intellectual Property Rights By Corporations And Investors: Ip Privateering And Modern Letters Of Marque And Reprisal,
2012
UC Law SF
Indirect Exploitation Of Intellectual Property Rights By Corporations And Investors: Ip Privateering And Modern Letters Of Marque And Reprisal, Tom Ewing
UC Law Science and Technology Journal
Competitive pressures and rent-seeking behaviors have motivated companies and investors to develop indirect techniques for beneficially exploiting third-party intellectual property rights (IPRs) that qualitatively depart from the direct exploitation tools honed during the past thirty years of the pro-patent era. Among other things, companies have realized that they do not even need to own IPRs in order to consequently benefit from their exploitation. This phenomenon is labeled here "IP privateering" because of its similarities to an historic method of waging war on the high seas. This Article classifies IP privateering as a species of aggressive non-practicing entities (NPEs). The parameters …
The Meningitis Outbreak: Don't Expect Miracles From The Fda,
2012
New York Law School
The Meningitis Outbreak: Don't Expect Miracles From The Fda, Joanne Doroshow
Other Publications
The good news for states is drug industry immunity only kicks in if the drugs in question are FDA-approved. And thanks to the first-rate influence-peddling and lobbying prowess of compounding pharmacists, the tainted steroid shots at issue today are free and clear of FDA regulation.
Climate Change, Political Truth, And The Marketplace Of Ideas,
2012
Elisabeth Haub School of Law at Pace University
Climate Change, Political Truth, And The Marketplace Of Ideas, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
In a recent interview in Time magazine, EPA administrator Lisa Jackson commented on congressional efforts to undo her greenhouse gas endangerment finding under Clean Air Act section 202: “I don't think that history will forget the first time that politicians made a law to overrule scientists.” Proponents of aggressive action to control greenhouse gases are frustrated that the international scientific consensus that disruptive climate change is highly probable and caused by anthropogenic emissions has not prevailed in the political marketplace of ideas in the United States. This truth-seeking, open marketplace of ideas is not just a recognized foundational principle in …
