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

Law Commons™

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

Intellectual Property Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 14851 - 14880 of 17085

Full-Text Articles in Law

The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser Jan 1998

The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Transforming Trade Secret Theft Violations Into Federal Crimes: The Economic Espionage Act, Lorin L. Reisner Jan 1998

Transforming Trade Secret Theft Violations Into Federal Crimes: The Economic Espionage Act, Lorin L. Reisner

Touro Law Review

No abstract provided.


Copyright Law Tackles Yet Another Challenge: The Electronic Frontier Of The World Wide Web, April Mara Barton Jan 1998

Copyright Law Tackles Yet Another Challenge: The Electronic Frontier Of The World Wide Web, April Mara Barton

Law Faculty Publications

The Internet has seen an explosion of popularity over the past few years. Government workers and university scholars of yesterday's Internet must now share today's Information Superhighway with big business, commercial industry, and hundreds of thousands of recreational users. With the growing popularity of the Internet, incidents of online fraud, theft, piracy, and infringement have grown correspondingly.


Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer Jan 1998

Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


King Instruments Corp. V. Perego: Should Lost Profits Be Awarded On Unpatented Products Where Patentee Sits On Its Patents?, Arun Chandra Jan 1998

King Instruments Corp. V. Perego: Should Lost Profits Be Awarded On Unpatented Products Where Patentee Sits On Its Patents?, Arun Chandra

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Offensive And Defensive Insurance Coverage For Patent Infringement Litigation: Who Will Pay?, Lisa A. Small Jan 1998

Offensive And Defensive Insurance Coverage For Patent Infringement Litigation: Who Will Pay?, Lisa A. Small

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Fair Use And Privatization In Copyright, Stephen M. Mcjohn Jan 1998

Fair Use And Privatization In Copyright, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This Article argues for a broad conception of copyright's fair use doctrine. Economic reliance on property rules has led some to argue that fair use should be limited to cases where market failures do not permit licensing transactions. Otherwise, allocation of rights should be left to the market. This article takes the position that differences between real property and intellectual property undercut the application of the tragedy of the commons to the fair use setting. While real property is a limited resource, intellectual property is not. The same parcel of land may not support an unlimited number of grazing sheep. …


On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief Jan 1998

On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief

Faculty Scholarship

It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …


Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon Jan 1998

Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon

Faculty Scholarship

As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.


Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke Jan 1998

Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke

Faculty Scholarship

Shortly before the Second Intermational Harvard Conference on Internet & Society, the Department of Justice ("DOJ") brought a widely publicized suit against the Microsoft Corporation. In its complaint, the DOJ charged Microsoft with engaging in a variety of antitrust wrongs connected with its alleged monopoly position in the market for personal computer ("PC") operating system software. The Conference panel on Antitrust and the Internet, which had planned to focus on how antitrust law affects standard-setting efforts and the implications for the Intermet, quickly abandoned that topic in favor of discussion of the Microsoft suit.


Book Review Of Patent Law Index, James S. Heller Jan 1998

Book Review Of Patent Law Index, James S. Heller

Library Staff Publications

No abstract provided.


Preemption, The Right Of Publicity, And A New Federal Statute, Richard S. Robinson Jan 1998

Preemption, The Right Of Publicity, And A New Federal Statute, Richard S. Robinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Personality Interest Of Artists And Inventors In Intellectual Property, Justin Hughes Jan 1998

The Personality Interest Of Artists And Inventors In Intellectual Property, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Future Directions In International Copyright, Shira Perlmutter Jan 1998

Future Directions In International Copyright, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The 1996 Federal Anti-Dilution Statute, J. Thomas Mccarthy Jan 1998

The 1996 Federal Anti-Dilution Statute, J. Thomas Mccarthy

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt Jan 1998

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika Jan 1998

Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika

Richmond Journal of Law & Technology

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …


Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum Jan 1998

Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum

Articles

For centuries, consumers have been willing to pay exorbitant prices for unique or premiumquality goods. Throughout the evolution of the "designer label" market, counterfeiters have lurked in the shadows of the economic landscape. Thus, the problem of counterfeit goods represents nothing new in the global economy.


A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim Jan 1998

A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim

Campbell Law Review

No abstract provided.


Can Patents Deter Innovation? The Anticommons In Biomedical Research, Michael Heller, Rebecca S. Eisenberg Jan 1998

Can Patents Deter Innovation? The Anticommons In Biomedical Research, Michael Heller, Rebecca S. Eisenberg

Faculty Scholarship

The "tragedy of the commons" metaphor helps explain why people overuse shared resources. However, the recent proliferation of intellectual property rights in biomedical research suggests a different tragedy, an "anticommons" in which people underuse scarce resources because too many owners can block each other. Privatization of biomedical research must be more carefully deployed to sustain both upstream research and downstream product development. Otherwise, more intellectual property rights may lead paradoxically to fewer useful products for improving human health.


Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross Jan 1998

Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The New World Of International Trademark Law, Marshall A. Leaffer Jan 1998

The New World Of International Trademark Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel Jan 1998

A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel

Touro Law Review

No abstract provided.


The Defense Of "Fair Use": A Primer, Alan J. Hartnick Jan 1998

The Defense Of "Fair Use": A Primer, Alan J. Hartnick

Touro Law Review

No abstract provided.


Intellectual Privacy And Censorship Of The Internet, Julie E. Cohen Jan 1998

Intellectual Privacy And Censorship Of The Internet, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen Jan 1998

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Part I of this Article describes the economic models now proffered as the basis for defining rights in digital works, and explores their striking resemblance to the system of social ordering described and advanced in the Supreme Court's Lochner-era decisions. The ghost of Lochner is not invoked lightly, nor with intent to belittle. Lochner represented a particular ideal of social ordering, premised on a seamless convergence of the private-law institutions of property and contract to provide a zone of legal insulation for market outcomes. In the physical world, that vision has long been compromised by evidence of market failures …


Copyright And The Jurisprudence Of Self-Help, Julie E. Cohen Jan 1998

Copyright And The Jurisprudence Of Self-Help, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The proposed draft of Article 2B grants broad rights to enforce electronically contract provisions governing access to and use of digital works. Purveyors of digital works may engage in electronic self-help following breach of contract, and may also elect to foreclose unauthorized uses ex ante, via electronic “regulation of performance.” This Article examines these provisions in light of existing law authorizing self-help repossession of tangible chattels, leading academic justifications for self-help repossession, and federal copyright law and policy. It concludes that the provisions authorize an unprecedented degree of intrusion into private homes and offices, that they lack a sound theoretical …


Fair Use And Educational Copying: A Reexamination Of Princeton University Press V. Michigan Document Services, Inc., Gilbert Busby Jan 1998

Fair Use And Educational Copying: A Reexamination Of Princeton University Press V. Michigan Document Services, Inc., Gilbert Busby

Kentucky Law Journal

No abstract provided.


Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer Jan 1998

Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg Jan 1998

Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg

Faculty Scholarship

It is my pleasure today to introduce our keynote speaker, Professor Larry Lessig. Professor Lessig is the Jack and Lillian Berkman Professor of Entrepreneurial Legal Studies at Harvard Law School and is a renowned scholar in intellectual property, constitutional, Internet, and new media law. Indeed, the last time Professor Lessig spoke here at Fordham, he was focusing on his pioneering work addressing fidelity in constitutional interpretation. Of course, not the sort of fidelity that the Senate is debating this afternoon.