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Full-Text Articles in Law
Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls
Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls
William & Mary Business Law Review
Patent litigation has become more frequent, more uncertain, and more expensive. Much of this can be traced to the rise of patent trolls asserting vague and uncertain software patents. Trolls have been derided as bringing frivolous and vexatious suits against productive companies, sapping the very same innovativeness that the patent system is supposed to encourage. Instead, companies are subject to nuisance-value suits as an ordinary course of business; for less established companies, such suits can threaten their very existence. Often, because of uncertain rules about claim construction and the granting of very broad patents, the accused infringer has no notice …
Contracting In The Dark: Casting Light On The Shadows Of Second Level Agreements, Abigail R. Simon
Contracting In The Dark: Casting Light On The Shadows Of Second Level Agreements, Abigail R. Simon
William & Mary Business Law Review
In the early days of the Internet, copyright owners concentrated on eliminating infringement threats posed by the new technology. Today, many copyright owners are partnering with major user-generated content platforms in order to participate in and receive compensation for some third-party infringement occurring on the Internet. YouTube pioneered such partnership arrangements in 2006 with a new kind of copyright license now referred to as a “second level agreement.” In 2008, YouTube unveiled Content ID, which streamlined the process for entering into second level agreements with the site. This Note analyzes Content ID and the second level agreements underlying it to …