Law Commons^™

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Ntp V. Rim: The Diverging Law Between System And Method Claim Infringement, Stephen P. Cole

The University of New Hampshire Law Review

[Excerpt] “Almost thirty years after the landmark decision of Decca Ltd. v. United States, the Federal Circuit had an opportunity to reevaluate the extraterritorial limits of U.S. patent law in NTP, Inc. v. Research in Motion, Ltd. After withdrawing its initial opinion (“NTP I”) and issuing a second opinion (“NTP II”), the court held that a system having a component located outside U.S. jurisdiction could be subject to U.S. patent law. The court held as a matter of law, however, that a process in which a step is performed outside U.S. jurisdiction could not be subject to U.S. patent law. …