Law Commons^™

The Nature Of Copyright Analysis For Computer Programs: Copyright Law Professors' Brief Amicus Curiae In Lotus V. Borland, Pamela Samuelson

UC Law SF Communications and Entertainment Journal

This brief amicus curiae was submitted by a group of copyright professors to the United States Court of Appeals for the First Circuit in Lotus Development Corporation v. Borland International, Inc.

Of Michelangelo And Roscoe Barrow, Leo P. Martinez

UC Law SF Communications and Entertainment Journal

No abstract provided.

Speech Of The Roscoe L. Barrow Memorial Award Winner, Rachelle Chong

UC Law SF Communications and Entertainment Journal

No abstract provided.

Pto Perspective On Recent Developments In Patent Protection For Computer Hardware And Software, Lee E. Barrett

UC Law SF Communications and Entertainment Journal

This Article explores the area of patent protection for computer related inventions, The author examines the problem of determining whether a mathematical algorithm qualifies as patentable subject matter under 35 U.S.C. § 101 and the interpretation of means-plus-function limitations under 35 U.S.C. § 112 6. In his examination, the author explains the perspective of the United States Patent and Trademark Office, as well as the position taken by the Federal Circuit Court of Appeals in the recent cases of In re Alappat and In re Donaldson Co.

Freedom Of Expression And The 1992 Cable Act: An Introduction, Eli M. Noam, Carolyn Cutler

UC Law SF Communications and Entertainment Journal

No abstract provided.

A New Deal For Speech, Cass R. Sunstein

UC Law SF Communications and Entertainment Journal

No abstract provided.

Cable Operators As Editors: Prerogative, Responsibility, And Liability, Frederick Schauer

UC Law SF Communications and Entertainment Journal

No abstract provided.

Fighting Telemarketing Scams, Hebe R. Smythe

UC Law SF Communications and Entertainment Journal

Interstate telemarketing fraud has become an increasing problem in recent years. Unscrupulous telephone sellers victimize all segments of society, costing consumers tens of billions of dollars each year. Moreover, the costs of this type of fraud extend beyond consumers to credit card companies, banks, and legitimate telemarketers. Most of these con artists are never caught, however, because gaps in enforcement permit them to operate undetected and unprosecuted, and because sanctions against them are often impossible to enforce. This Note discusses the scope of the telemarketing fraud problem, analyzes the limitations of current detection, prosecution, and enforcement mechanisms, and proposes national …

Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu

UC Law SF Communications and Entertainment Journal

This Note concerns the problem of privacy in wireless communications. Since wireless communications use the airwaves, the communications are susceptible to interception. This Note will discuss possible solutions to this privacy problem including two solutions proposed by the Clinton Administration: 1) The Clipper Chip, an inexpensive encryption device, which will allow law enforcement to tap into communications, and 2) proposed legislation that bans technology that the government cannot decode.

Fair Use And The 1992 Amendment To Section 107 Of The 1976 Copyright Act: Its History And An Analysis Of Its Effect, Daniel E. Wanat

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg

Other Publications

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public; the new pro-patent policy stresses the need for exclusive rights as an incentive for industry to invest in bringing new products to market.

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma

LLM Theses and Essays

All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.

A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg

Articles

This article will use the NIH patent controversy as a focal point for considering when the results of government-sponsored research should be patented and when they should be dedicated to the public domain. First, this article will review the recent history of federal government policy on patenting the results of government-sponsored research. Next, this article will highlight some of the complexities involved in achieving technology transfer from the public sector to the private sector that current policy may oversimplify. With this background, this article will return to a more detailed analysis of the NIH cDNA patenting controversy and consider the …

Surveying The Borders Of Copyright, Jane C. Ginsburg

Faculty Scholarship

The copyright course I teach at Columbia Law School begins with a survey of what copyright is not: it is not a patent, a trademark, or an object of physical property. Nor, as the course examines a little later on, does copyright protect every object of economic value whose worth might be further enhanced were it to be shielded from unauthorized copying. However, the frontiers between copyright and mere commercial value have never been well defined. Not only may the same item be simultaneously the object of copyright and of other legal rights, but copyright increasingly covers – or is …

Commentary: Authority Of The Commissioner Over The Board Of Patent Appeals And Interferences, R. Carl Moy

Faculty Scholarship

On August 3, 1992, the United States Patent and Trademark Office published a notice in the Federal Register requesting public comments on the PTO's appeal procedures. Taken in context, then, the notice can be fairly said to raise the issue whether, under the existing statute, the Board is subservient to the Commissioner. It also raises the broader question of whether such a subservient arrangement is desirable or, alternatively, whether the statute should be modified if necessary to give the Board decisional independence from the Commissioner. This Commentary is directed primarily to this latter point. In summary, it concludes that the …

The Challenge Ahead: Increasing Predictability In Federal Circuit Jurisprudence For The New Century, Paul R. Michel

American University Law Review

No abstract provided.

Ancient Works, Modern Dilemmas: The Dead Sea Scrolls Copyright Case, Lisa Michelle Weinstein

American University Law Review

No abstract provided.

The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall

Indiana Law Journal

No abstract provided.

Intellectual Property And The External Power Of The European Community: The New Extension, A. David Demiray

Michigan Journal of International Law

"[T]heory is somewhat lagging behind the facts and developing only in reaction to these facts," argues C.W.A. Timmermans regarding the European Community's (the EC or the Community) legal basis for extending its external power. The Community tends to extend its external competence before having a clear authority for doing so and only later provides a post hoc rationale. This observation suggests that the justification, not the propriety, of a newly acquired external competence is the question. Nowhere is this modus operandi better illustrated, or more sorely tested, than by the Community's growing involvement with and pursuit of international intellectual property …

King V. Innovation Books: An Analysis Of Credit Attribution With Respect To The Lanham Act, Lauren M. Wise

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

An Eco-Esc Pendulum Of Copyright: A Deconstructive Perspective Of The Copyright/Authorship System, Dana Neacsu

Law Faculty Publications

The thesis of this paper is neither new, nor subtle. It has, in fact, been a recurrent theme in many writings concerned with the interests in copyright and their effects in the present world. My LLM student concern was with the perversion of domestic copyright provisions from an incentive for learning and progress - within whatever limits that goal was fairly found in the statute and case decisions - into an insurmountable international obstacle to learning and education. Unfortunately, this 1993/4 LLM thesis remains as actual today as it was then.

The Unnatural Expansion Of Trademark Rights: Is A Federal Dilution Statute Necessary?, Kenneth L. Port

Faculty Scholarship

This article is a systematic review of proposed section 43(c ). Proposed section 43(c ) would create a federal cause of action for trademark dilution and would grossly expand trademark rights. The article reviews both the practical implications and theoretical underpinnings of the dilution concept. Part II describes the basic origins and history of the dilution debate. Part IV(A) presents the practical problems that proposed section 43(c ) raises. Part IV(B) critiques some of the more popular theoretical justifications that are typically used to support granting intellectual property rights and concludes that no satisfactory theoretical justification exists to warrant an …

Digital Image Reproduction, Distribution And Protection: Legal Remedies And Industrywide Alternatives, Jonathan A. Franklin

Librarians' Articles

Section II of this article describes the existing legal claims and remedies available to creators and distributors of stock photos who are confronted with the unauthorized use of their images. Section III discusses the alternatives to individual licensing and enforcement actions. After concluding that a centralized computer distribution and accounting system would best'serve the creators and distributors, section IV suggests how existing industry standards can help tailor the implementation of the collecting society model. Section V briefly discusses the international implications of such a distribution scheme, focusing on the problems of variable copyright terms and foreign collecting societies.

This article …

Alienability Restrictions And The Enhancement Of Author Autonomy In United States And Continental Copyright Law, Neil Netanel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The 1992 Cable Act And The First Amendment: What Must, Must Not, And May Be Carried, Gary S. Lutzker

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Exclusive Right To Read, Jessica Litman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Virtual Reality, Appropriation, And Property Rights In Art: A Roundtable Discussion: April 12, 1994, Beryl Jones-Woodin

Faculty Scholarship

No abstract provided.

Book Review--Global Dimensions Of Intellectual Property Rights In Science And Technology, Mark J. Patterson

Vanderbilt Journal of Transnational Law

A complete reading of the book leaves open the question of for whom the book is primarily intended. The best answer perhaps is that it has something to offer everyone--lawyer, scientist, intellectual property owner, economist, and politician--having an intellectual curiosity in how global intellectual property systems can and should evolve. From an individual reader's perspective, a cover to cover study of the book may leave the reader feeling overwhelmed and unsatisfied. However, if viewed as a resource, from which portions applicable to the reader's own field of interest are selected for close examination, the book has much to offer. Fortunately, …

From Deontology To Dialogue: The Cultural Consequences Of Copyright, Barbara Friedman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Moral Rights Protection And Resale Royalties For Visual Art In The United States: Development And Current Status, Edward J. Damich

Cardozo Arts & Entertainment Law Journal

No abstract provided.