Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (16)
- University of Pennsylvania Carey Law School (9)
- Boston University School of Law (1)
- New York Law School (1)
- Roger Williams University (1)
-
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- Selected Works (1)
- SelectedWorks (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- Vanderbilt University Law School (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (10)
- Michigan Telecommunications & Technology Law Review (6)
- Articles (4)
- Michigan Law Review (2)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (1)
-
- Articles & Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Book Chapters (1)
- Catholic University Journal of Law and Technology (1)
- Faculty Scholarship (1)
- Georgia Journal of International & Comparative Law (1)
- Konstantinos Stylianou (1)
- Life of the Law School (1993- ) (1)
- Michigan Law Review Online (1)
- Michigan Technology Law Review (1)
- Other Publications (1)
- Parker Tresemer (1)
- Seattle University Law Review (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- Publication Type
Articles 31 - 37 of 37
Full-Text Articles in Law
Copyright Limitations And Contracts. An Analysis Of The Contractual Overridability Of Limitations On Copyright, Lucie Guibault
Copyright Limitations And Contracts. An Analysis Of The Contractual Overridability Of Limitations On Copyright, Lucie Guibault
Articles, Book Chapters, & Popular Press
Traditional copyright law strikes a delicate balance between an author's control of original material and society's interest in the free flow of ideas, information, and commerce. In today's digitally networked environment, this balance has shifted dramatically to one side, as powerful rights holders contractually impose terms and conditions of use far beyond the bounds set by copyright law. This vitally significant book explores this conflict from its gestation through its current manifestations to its future lineaments and potential consequences. Focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard …
The Promise And Perils Of Strategic Publication To Create Prior Art: A Response To Professor Parchomovsky, Rebecca S. Eisenberg
The Promise And Perils Of Strategic Publication To Create Prior Art: A Response To Professor Parchomovsky, Rebecca S. Eisenberg
Articles
In a provocative recent article in the Michigan Law Review, Professor Gideon Parchomovsky observes that a firm racing with a competitor to make a patentable invention might find it strategically advantageous to publish interim research results rather than risk losing a patent race. This strategy exploits legal rules limiting patent protection to technological advances that are new and "nonobvious" in light of the "prior art" or preexisting knowledge in the field. By publishing research results, a firm adds to the prior art and thereby limits what may be patented in the future. Parchomovsky posits that, before it is able to …
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Michigan Telecommunications & Technology Law Review
Although the antitrust laws apply to all industries, the application must be tempered in each case by the myriad ways in which competition can be modified by structural, behavioral, technological, regulatory, and other characteristics. The Commission applies the antitrust laws with sensitivity to the special characteristics of high-tech industries and of intellectual property, but also with the recognition that--as in other industries--competition plays an important role in spurring innovation and in spreading the benefits of that innovation to consumers. This focus is not new. This balanced approach has roots that go back at least to the 1977 Antitrust Guide to …
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Michigan Telecommunications & Technology Law Review
The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Articles
As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …
The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock
The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock
Michigan Law Review
The following discussion explores the interaction between law and economics as these two disciplines relate to the issues which arise under section 7 of the Clayton Act, as amended in 1950, and examines the correlative problems implicit in the working arrangements between lawyers and economists when they are asked to counsel an enforcement agency or an acquiring or acquired company concerning the potential competitive consequences of a merger.
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Michigan Law Review
The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.