Law Commons^™

Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo

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This is the introduction to a symposium issue for a conference designed to bring the engineering community, policymakers, legal academics, and industry participants together in an attempt to provide policymakers with a better understanding of the Internet’s technical aspects and to explore emerging issues of particular importance to current broadband policy.

The Best Available Technology Standard, Lital Helman, Gideon Parchomovsky

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Copyright liability for web-hosting will be a key determinant of the evolution of the Internet in years to come. Depending on their design, the legal rules that shape the liability of web-hosts can stunt the development of the Internet as a medium of expression or enhance it. Hence, adopting the optimal liability regime is a matter of crucial importance. This Article proposes a radical change in web-hosts’ copyright liability for illegal content posted by users. Our main thesis is that web-hosts’ liability should be guided by the “Best Available Technology” principle, according to which web-hosts that employ the best filtering …

Introduction To Creation Without Restraint: Promoting Liberty And Rivalry In Innovation, Christina Bohannan, Herbert J. Hovenkamp

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This document contains the table of contents, introduction, and a brief description of Christina Bohannan & Herbert Hovenkamp, Creation without Restraint: Promoting Liberty and Rivalry in Innovation (Oxford 2011).

Promoting rivalry in innovation requires a fusion of legal policies drawn from patent, copyright, and antitrust law, as well as economics and other disciplines. Creation Without Restraint looks first at the relationship between markets and innovation, noting that innovation occurs most in moderately competitive markets and that small actors are more likely to be truly creative innovators. Then we examine the problem of connected and complementary relationships, a dominant feature of …

Promoting The Buildout Of New Networks Vs. Compelling Access To The Monopoly Loop: A Clash Of Regulatory Paradigms, Christopher S. Yoo

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No abstract provided.