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Articles 1 - 7 of 7
Full-Text Articles in Law
A Technological Theory Of The Arms Race, Lee Kovarsky
A Technological Theory Of The Arms Race, Lee Kovarsky
Indiana Law Journal
Although the "technological arms race" has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are "technological" arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down?
In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …
Consumer Modification Of Copyrighted Works, Alan L. Durham
Consumer Modification Of Copyrighted Works, Alan L. Durham
Indiana Law Journal
No abstract provided.
All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller
All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller
Indiana Law Journal
No abstract provided.
The Impact Of Open Source On Preinvention Assignment Contracts, Michael Mattioli
The Impact Of Open Source On Preinvention Assignment Contracts, Michael Mattioli
Articles by Maurer Faculty
This comment studies the implications of open source on pre-invention assignment agreements. Part I analyzes the basis for past enforcement of these contracts, with an eye toward distinctions between open source projects and more traditional commercial endeavors. Part II briefly reviews the history of patents and explores constitutional and contract-based arguments against the pre-invention assignment. Part III begins with a discussion of open source and then explores how this new phenomenon perfectly fulfills the goals behind the Patent Act. With these addressed, the central inquiry of pre-invention assignment agreements, as they could conflict with open source inventions, will be addressed. …
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
No abstract provided.
Indiana Law In Evolution, Yvonne Cripps
Indiana Law In Evolution, Yvonne Cripps
Articles by Maurer Faculty
No abstract provided.
Rules V. Standards For Patent Law In The Plant Sciences, Mark D. Janis
Rules V. Standards For Patent Law In The Plant Sciences, Mark D. Janis
Articles by Maurer Faculty
This article argues that US patent jurisprudence as applied to the plant sciences is moving to a second stage that will be characterized by more by incremental calibration than by spectacular change. The article discusses two doctrines of patent scope that are likely to be implicated in calibrating the utility patent system for the plant sciences: enablement and experimental use. It considers how those doctrines may be refined to serve as calibration tools in the application of patent law to the plant sciences.