Law Commons^™

How To Avoid Increased Damages And Attorneys' Fees: The Duties Of The Accused Infringer And The Patent Owner, 20 J. Marshall L. Rev. 433 (1987), Kirk M. Hartung

UIC Law Review

No abstract provided.

The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala

Michigan Journal of International Law

This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.

Computer Software Copyright Infringement: The Second Generation, Jeffrey A. Berkowitz

Touro Law Review

No abstract provided.

Allocation Of Risk Based On The Mechanics Of Injury In Sports: A Proposed Presumption Of Non-Fault, Gerald J. Todaro

UC Law SF Communications and Entertainment Journal

This article analyzes the interrelationship between sports safety measures and sports injury litigation. The author urges the courts to abandon the doctrine of assumption of the risk and proposes a presumption of non-fault to ensure that unavoidable injuries in sports are excluded from compensation. The evidentiary presumption is predicated on the assumption that some injuries are impervious to injury avoidance practices and techniques. Under the presumption, coaches and instructors who negligently create additional risk of injury for the athletic participant face liability.

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

UC Law SF Communications and Entertainment Journal

In this commentary, the author analyzes the United States Supreme Court's decision in Philadelphia Newspapers, Inc. v. Hepps. While recognizing the Court's narrow holding, this commentary focuses attention on the vital defamation questions left unanswered by the Hepps decision.

Introduction, Dennis Patrick

UC Law SF Communications and Entertainment Journal

No abstract provided.

A Critique Of The Fowler Fcc's 1984-85 Multiple Ownership Rule, Herbert H. Howard

UC Law SF Communications and Entertainment Journal

In 1984-85, the Federal Communications Commission liberalized its rules governing multiple ownership of broadcast stations. Since then, television station ownership has undergone rapid change as stations and entire groups have become vehicles for quick capital gains by speculators. Elimination of the Commission's three-year holding rule, coupled with economic speculation and rising station values resulted in a marked increase in station trading and ownership instability. The author analyzes the Fowler Commission's multiple ownership rule and the elimination of the long held "anti-trafficking" policy and questions the wisdom of the latter in terms of industry instability.

Posadas De Puerto Rico V. Tourism Company Of Puerto Rico: The End Of The Beginning, P. Cameron Devore

UC Law SF Communications and Entertainment Journal

In a speech delivered in November 1987, the author analyzes developments in the commercial speech doctrine since the Supreme Court's 1986 decision in Posadas de Puerto Rico v. Tourism Company of Puerto Rico. The speech argues that Posadas is distinguishable on its unusual facts from other commercial speech cases, and is fundamentally inconsistent with the Supreme Court's seminal commercial speech decision in Central Hudson Gas & Electric v. Public Service Commission (1980). The author believes that a total ban on tobacco advertising would be impermissible under the first amendment, and not legitimized by Posadas. Finally, the speech reviews other significant …

Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman

UC Law SF Communications and Entertainment Journal

Detroit television journalist Bradley Stone had a brief stay in jail because he refused to provide a grand jury with a few seconds of videotape. The tape consisted of outtakes from Stone's report on violent teenage gangs. Stone claimed a first amendment right to withhold that tape from the grand jury, which was investigating the murder of a state trooper. This note explores whether there is, and whether there should be, first amendment protection of confidential news sources. The author analyzes the various opinions in the key Supreme Court case on the subject, Branzburg v. Hayes. The note traces the …

Free Speech, Copyright, And Fair Use, L. Ray Patterson

Vanderbilt Law Review

The copyright clause provides that "[the Congress shall have Power... To promote the Progress of Science. ..by securing for limited Times to Authors .. .the exclusive Right to their . . .writings ...."I The first amendment provides that "Congress shall make no law. . .abridging the freedom of speech, or of the press ."..."

Three modern developments portend a conflict between these two clauses of the Constitution: (1) the emergence of the doctrine that free speech encompasses the right to have access to, as well as the right to disseminate, ideas; (2) the elimination of the requirement of publication, which …

Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen

Faculty Scholarship

If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …

Copyright Law And Your Neighborhood Bar And Grill: Recent Developments In Performance Rights And The Section 110(5) Exemption, David E. Shipley

Scholarly Works

This Article attempts to clarify the chaotic state of the law concerning performance rights. First, it briefly summarizes the history of this right and discusses some of the problems Congress sought to resolve when it passed the 1976 Act. Second, it outlines several of the Act's key provisions on the performance right. Finally, it discusses the recent decisions which have interpreted these provisions and analyzes their impact on the activities of commercial establishments. These decisions show that the pertinent sections of the 1976 Act provide reasonably clear guidelines outlining the ways in which copyrighted works can be publicly performed or …

Book Review. Copyright Law: Cases And Materials By Craig Joyce, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

Copyright Infringement And The Eleventh Amendment: A Doctrine Of Unfair Use?, John C. Beiter

Vanderbilt Law Review

The federal courts recently have renewed the debate concerning whether a person can sue a state government or its instrumentalities for copyright infringement. The question presents a clash of fundamental constitutional principles between the copyright and patent clause,' whose purpose is to promote the free flow of ideas by rewarding creativity,' and the eleventh amendment,whose primary purpose is to protect the federal form of government by insulating states from suit in federal court. The Copyright Act of 1976 (the 1976 Act) and its predecessor, the Copyright Act of 1909 (the 1909 Act), grant copyright proprietors"exclusive" rights in their works. While …

Copyright In Foreign Works: Canada's International Obligations, David Vaver

Articles & Book Chapters

It is anticipated that proposals for a complete overhaul of the copyright laws will be presented to the Canadian Parliament in the very near future. The new legislation will likely extend protection to works and grant rights beyond those existing under the current Copyright Act of 1924. This study examines the extent to which any new legislation must grant national treatment to foreign works, particularly technologies that have developed and rights that have been proposed since the 1924 Act. The focus is on Canada's obligations under the Berne Convention for the Protection of Literary and Artistic Works and under the …

The Home Audio Recording Act: An Inappropriate Respose To The Home Taping Question, Teresa E. Sulyok

Fordham Urban Law Journal

This Note examines the controversy over consumers' home audio taping activities and finds the legislation under consideration by Congress an inappropriate remedy. Initially, this Note reviews the proposed legislation introduced in Congress addressing the issue of home audio taping. The Note then surveys the rationale behind the Sony decision, which determined that video recorder manufacturers were not liable as contributory infringers, and advocates that audio recorder manufacturers receive similar treatment. Next, this Note analyzes whether home audio recording may constitute fair use under the federal copyright law. This Note concludes that even if certain forms of home audio recording are …

Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi

Michigan Journal of International Law

This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …

Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan

Michigan Journal of International Law

This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.

Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp

Michigan Journal of International Law

Technical progress is one of the most important elements of social development which necessarily causes change in the law. In the past few decades computer technology has become very important. As a component of technical progress, computer technology has given rise to new social relations which require legal regulation. Such regulation, however, is not provided adequately by existing legal rules in the contemporary Czechoslovak legal system.

Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen

Faculty Scholarship

Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …

Consumer Meets Computer: An Argument For Liberal Trademark Protection Of Computer Hardware Configurations Under Section 43(A) Of The Lanham Trademark Act

Washington and Lee Law Review

No abstract provided.