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Full-Text Articles in Law
Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp
Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp
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This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.
Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky
Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky
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In its current form, fair use doctrine provides a personal defense that applies narrowly to the specific use by the specific user. The landmark case of Google v. Oracle, currently pending before the Supreme Court, illustrates why this is problematic. Even if the Court were to rule that Google’s use of Oracle’s Java API’s was fair, the ruling would not protect the numerous parties that developed Java applications for the Android operating system; it would only shelter Google and Google’s particular use. This is not an isolated problem; the per use/per user rule cuts across fair uses of copyrighted …
Notice And Patent Remedies, Herbert J. Hovenkamp
Notice And Patent Remedies, Herbert J. Hovenkamp
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In private enforcement systems such as the one for patents, remedies perform the “public” function of determining the optimal amount of protection and deterrence. If every patent were properly granted and had just the right scope to incentivize innovation, then strict enforcement and harsh penalties for infringement would be a good idea. But in a world where too many patents are granted, their boundaries are often ambiguous and scope excessive, things are not so simple. The expected likelihood and magnitude of the penalty determines the number of infringement suits and the litigation resources that will be poured into them. As …