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Intellectual Property Law

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Articles 15391 - 15420 of 17080

Full-Text Articles in Law

Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola Apr 1994

Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola

Washington Law Review

In MAI Systems Corp. v. Peak Computer, Inc. the Ninth Circuit Court of Appeals held that Peak committed copyright infringement by running MAI operating system software incidental to Peak's repair of the computer system. The court rejected Peak's section 117 defense under the Copyright Act because it refused to recognize a licensee of computer software as an "owner" of a copy of software. This Note argues that the decision contravenes both the substance and principles of federal copyright law, and unnecessarily harms computer owners. It suggests a two-tiered analysis that courts should follow when evaluating copyright infringement claims involving software …

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Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald Apr 1994

Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald

Scholarly Works

“COPYING IS ILLEGAL” declares the final page of the chorus from the Bach cantata lying to the right of my computer. The slogan is ingeniously printed in gray across the entire page so that it will show up clearly if any photocopies are made. The first page of the text contains the copyright symbol and the name and address of the “sole selling agent” of the putative copyright owner. Apparently, the copyright claimant would prefer to sell additional copies of the music rather than receive royalties for copying done by users. “ALL COPYING IS ILLEGAL” states the edition of Shakespeare's …

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Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship, Wendy J. Gordon Apr 1994

Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship, Wendy J. Gordon

Faculty Scholarship

In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone enamored f polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship.

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The Environmental Liability Fund Under The Hamburg Model-A False Step Towards Flexibilization Of Environmental Law?, Karl-Heinz Ladeur Apr 1994

The Environmental Liability Fund Under The Hamburg Model-A False Step Towards Flexibilization Of Environmental Law?, Karl-Heinz Ladeur

Cardozo Journal of International and Comparative Law

The article critiques the traditional first-order (individual) and second-order (collective) liability systems for environmental harm, arguing that both fail to adapt to the complexities and uncertainties of environmental damage. It advocates for a new, knowledge-based liability system that integrates scientific expertise, societal learning, and adaptive decision-making to address these challenges effectively.

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The Legal Framework Of European Community Participation In International Environmental Agreements, Martin Hession, Richard Macrory Apr 1994

The Legal Framework Of European Community Participation In International Environmental Agreements, Martin Hession, Richard Macrory

Cardozo Journal of International and Comparative Law

The article examines the European Community's legal framework for participating in international environmental agreements, focusing on the evolution of its external competence and the challenges inherent in this process. It highlights the role of mixed agreements, the division of competences between the Community and its Member States, and the influence of the Court of Justice in shaping these dynamics. The analysis underscores the tension between legal principles and political realities in the EC's external relations.

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Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil Apr 1994

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil

Cardozo Law Review

Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.

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Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt Jr. Mar 1994

Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

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Technology Transfer: A View From The Trenches, Harvey Drucker Mar 1994

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.

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Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy Mar 1994

Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy

RISK: Health, Safety & Environment (1990-2002)

The authors review administrative and court decisions prompting proposed changes to the patent law. After reviewing pros and cons, they argue that, on balance, pending bills can easily cause more problems than they solve.

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Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige Mar 1994

Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige

RISK: Health, Safety & Environment (1990-2002)

Dr. Murashige compares the function and value of copyright, patent and trade secret laws in recovering investments in developing genome-related biotechnology.

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Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine Mar 1994

Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek Mar 1994

Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Felony Copyright Infringement In Schools, Steven K. Barton Mar 1994

Felony Copyright Infringement In Schools, Steven K. Barton

Brigham Young University Education and Law Journal

No abstract provided.

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Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post Mar 1994

Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen Mar 1994

Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe Mar 1994

Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov Mar 1994

Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets Mar 1994

Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets

Federal Communications Law Journal

The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …

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Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham Mar 1994

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.

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The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields Mar 1994

The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Patent & Trademark Depository Library Association Newsletter Mar 1994

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

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The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett Mar 1994

The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett

RISK: Health, Safety & Environment (1990-2002)

Mr. Harnett argues that emphasizing technology transfer at institutions such as the National Institutes of Health will interfere with what should be regarded as their primary mission, basic research.

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Overview Of Federal Technology Transfer, Lawrence Rudolph Mar 1994

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.

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Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas Mar 1994

Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas

William & Mary Law Review

No abstract provided.

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Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg Mar 1994

Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg

RISK: Health, Safety & Environment (1990-2002)

Professor Eisenberg argues against a system providing for federally-sponsored inventions to be patented if any associated person so desires. She believes that the system does not adequately weigh the possibility that the greatest social return from genome research will require some discoveries to be in the public domain.

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Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon Feb 1994

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

Scholarship Chronologically

The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.

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Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon Feb 1994

Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon

Scholarship Chronologically

In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone playfully enamored of polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship. This essay will have two parts. The first will be a response to James Lindgren. The …

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Use Restrictions And The Retention Of Property Interests In Chattels Through Intellectual Property Rights, Thomas Arno Feb 1994

Use Restrictions And The Retention Of Property Interests In Chattels Through Intellectual Property Rights, Thomas Arno

San Diego Law Review

Granting intellectual property rights promotes invention but also encourages wasteful expenditures to avoid monopoly prices. If patent or copyright owners are allowed to place some types of restrictions on the products they sell, these wasteful efforts can be avoided. This Comment discusses restrictions that have this effect and how intellectual property law might best create a doctrine enforcing them.

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Letter To Ken Yalowitz, Esq., Wendy J. Gordon Jan 1994

Letter To Ken Yalowitz, Esq., Wendy J. Gordon

Scholarship Chronologically

I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.

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Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker Jan 1994

Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker

UIC Law Review

No abstract provided.

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