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Intellectual Property Law

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Selected Works

1999

Articles 1 - 2 of 2

Full-Text Articles in Law

How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch Dec 1998

How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch

Michael Risch

The basic economic goal of copyright law is to balance an author's incentive to create with his or her ability to build on prior work in order to maximize social wealth. This balance is extremely important for computer software. On the one hand, software is often expensive to create and companies therefore need protection in order to recoup their investment. On the other hand, software is often expensive to create and companies can save costs by reusing pre-existing work. Quite often, the same companies that want to protect their software also want to use pre-existing work. As a result of …

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Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu Dec 1998

Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu

Joseph P. Liu

The process of crafting and promulgating technical standards for the internet is often hailed as a prime example of how coordinated activity can take place on a distributed network with little central authority or formal “law.”  Often overlooked, however, is the fact that the internet’s technical standard-setting process rests on a number of highly contingent assumptions, assumptions that do not apply in other areas of internet governance.  This paper explores the limits of this dominant standard-setting approach to internet coordination, using the current controversy over internet domain names as a case study.  Such a case study reveals that existing attempts …

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