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Full-Text Articles in Law
The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari
The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari
Faculty Publications
Imagine a future in which every purchase decision is as complex as choosing a mobile phone. What will ongoing service cost? Is it compatible with other devices you use? Can you move data and applications across de- vices? Can you switch providers? These are just some of the questions one must consider when a product is “tethered” or persistently linked to the seller. The Internet of Things, but more broadly, consumer products with embedded software, are already tethered. While tethered products bring the benefits of connection, they also carry its pathologies. As sellers blend hardware and software—as well as product …
A Statistical Analysis Of The Patent Bar: Where Are The Software-Savvy Patent Attorneys?, Ralph D. Clifford, Thomas G. Field Jr., Jon R. Cavicchi
A Statistical Analysis Of The Patent Bar: Where Are The Software-Savvy Patent Attorneys?, Ralph D. Clifford, Thomas G. Field Jr., Jon R. Cavicchi
Faculty Publications
Among the many factors that impact the declining quality of U.S. patents is the increasing disconnect between the technological education patent bar members have and the fields in which patents are being written. Based on an empirical study, the authors show that too few patent attorneys and agents have relevant experience in the most often patented areas today, such as computer science. An examination of the qualification practices of the U.S. Patent and Trademark Office (“PTO”) suggests that an institutional bias exists within the PTO that prevents software-savvy individuals from registering with the Office. This paper concludes with suggestions of …
Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
Faculty Publications
As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true. …