Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 26 of 26

Full-Text Articles in Law

Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim Dec 2007

Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu Dec 2007

Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee Dec 2007

A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth Dec 2007

Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar Dec 2007

Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg Dec 2007

Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas Jun 2007

Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi Jun 2007

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Geographical Indications: The Current Landscape., Lynne Beresford Jun 2007

Geographical Indications: The Current Landscape., Lynne Beresford

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks Jun 2007

Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez Jun 2007

Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman Jun 2007

Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David Jun 2007

Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell Jun 2007

Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen Jun 2007

Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci Jun 2007

Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce Mar 2007

The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi Mar 2007

Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr. Mar 2007

Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia Mar 2007

Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare Mar 2007

Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk Mar 2007

Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg Jan 2007

The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg

Faculty Scholarship

This article argues that the technological attacks on intellectual property are a movement against democratically chosen intellectual property rules. They form a basic challenge to the rule of law and to the control of the rules wired into the network. In making this argument, the Article first maintains that intellectual property rights have an important public function in democracy in that they mark political, economic, and social boundaries. Next, the Article shows that the public law, as enacted by governments, has reallocated intellectual property rights to adapt to the information economy. While many aspects of this new allocation of rights …


Introduction, Joel R. Reidenberg Jan 2007

Introduction, Joel R. Reidenberg

Faculty Scholarship

As a leader in the publication of legal scholarship, the Fordham Intellectual Property, Media and Entertainment Law Journal sought the insights of internationally renowned scholars on critical problems in intellectual property law. In this focused issue, five top scholars tackle timely questions.


Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson Jan 2007

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

Faculty Scholarship

Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …


Washington "Redskins" -Disparaging Term Or Valuable Tradition?: Legal And Economic Issues Concerning Harjo V. Pro-Football, Inc., Mark S. Nagel, Daniel A. Rascher Jan 2007

Washington "Redskins" -Disparaging Term Or Valuable Tradition?: Legal And Economic Issues Concerning Harjo V. Pro-Football, Inc., Mark S. Nagel, Daniel A. Rascher

Fordham Intellectual Property, Media and Entertainment Law Journal

"I'll never change the name of the Redskins. You have my word on that. In addition to that, it's really what the Redskins mean that's not quite out there.., what it means is tradition. It means winning. It means a great tradition for the franchise."

-Daniel Snyder (owner of the Washington Redskins).

"A long habit of not thinking a thing wrong gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom."

-Thomas Paine.