Law Commons^™

Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High-Tech Markets, Clovia Hamilton

Computer Law Review and Technology Journal

In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Faculty Publications

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Beyond Napster--The Future Of The Digital Commons: Introduction, Elizabeth Rindskopf Parker

McGeorge School of Law Scholarly Articles

No abstract provided.

The Digital Divide In The New Millennium, Allen S. Hammond

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale

Faculty Scholarship

No abstract provided.

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Cyberpiracy - The U.S. Legislative Response, John M. Cone

Computer Law Review and Technology Journal

During the 1990s, Americans embraced a new personal and commercial communication medium - the Internet. When the World Wide Web and millions of websites were introduced in the early 1990s, the Internet changed from an obscure tool for exchanging military and scientific information to a ubiquitous communication technology. During this period, some people sought to capitalize on the Internet's increasing commercial potential by reserving Internet use of famous corporate names and then selling the reserved names back to the companies for hefty profits. Lawsuits concerning this practice - dubbed "cybersquatting" or "cyberpiracy" - produced inconsistent results. By the end of …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Drafting Licenses To Guide Whether Potential Disputes Lie In Contract Or Infringement, Edwin E. Richards

Computer Law Review and Technology Journal

A contract draftsperson has many questions to consider when a client decides to license her intellectual property rights to another party. What rights should be assigned or licensed? What should the duration of the license be? What should the royalties be and when and how will they be calculated?, What law should govern? The contract draftsperson must also probe further and confront a very "murky" area when attempting to craft the agreement-he must ensure that the licensing contract will not ultimately bar the client from gaining access to federal court to raise an infringement claim. The draftsperson must anticipate the …

Front Matter, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

A Layered Model For Internet Policy, Kevin Werbach

Colorado Technology Law Journal

No abstract provided.

Law And Information Platforms, Philip J. Weiser

Colorado Technology Law Journal

No abstract provided.

Refinements Of A Layered Model For Telecommunications Policy, Douglas C. Sicker, Joshua L. Mindel

Colorado Technology Law Journal

No abstract provided.

Regulating Information Platforms: The Challenge Of Rewriting Communications Regulation From The Bottom Up, John T. Nakahata

Colorado Technology Law Journal

No abstract provided.

Regulating Information Platforms: The Convergence To Antitrust, Steven Semeraro

Colorado Technology Law Journal

No abstract provided.

Cultivating Open Information Platforms: A Land Trust Model, Molly Shaffer Van Houweling

Colorado Technology Law Journal

No abstract provided.

Maintaining Competition In Information Platforms: Vertical Restrictions In Emerging Telecommunications Markets, James B. Speta

Colorado Technology Law Journal

No abstract provided.

Intellectual Property Rights And Antitrust Policy: Four Principles For A Complex World, Michael L. Katz

Colorado Technology Law Journal

No abstract provided.

Bargains In The Information Marketplace: The Use Of Government Subsidies To Regulate New Media, Ellen P. Goodman

Colorado Technology Law Journal

No abstract provided.

Deep Linking: Policy And Rule Considerations For Safeguarding Open Internet Navigation, Robert M. Scott

Colorado Technology Law Journal

No abstract provided.

Patents On Dna Sequences: Molecules And Information, Rebecca S. Eisenberg

Book Chapters

As public and private sector initiatives raced to complete the sequence of the human genome, patent issues played a prominent role in speculations about the significance of this achievement. How much of the genome would be subject to the control of patent holders, and what would this mean for future research and the development of products for the improvement of human health in a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claim, to the genome on behalf or the many sequential innovators who elucidate its sequence and …

Controlling Toxic Harms: The Struggle Over Dioxin Contamination In The Pulp And Paper Industry, William Boyd

Publications

This essay addresses the challenges of controlling toxic harms through an intensive case study of efforts to regulate and remedy dioxin contamination in the U.S. pulp and paper industry. By focusing on the struggle to control a specific toxic harm in a specific industrial sector, the essay explores the politicized nature of toxic harms in the United States and, in the process, highlights the considerable shortcomings of existing legal frameworks and institutions for dealing with problems of such scope and complexity. In doing so, the essay raises a host of normative issues regarding current institutional arrangements and the appropriate strategy …

Cartography Of Governance: An Introduction, Lakshman D. Guruswamy

Publications

No abstract provided.

Introduction, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Innovating Copyright, Lawrence Lessig

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Uniform Domain Name Dispute Resolution Policy: A Practical Guide, Bradley J. Freedman, Robert J.C. Deane

Canadian Journal of Law and Technology

Disputes involving alleged bad faith registration and use of certain Internet domain names may be arbitrated pursuant to the Uniform Domain Name Dispute Resolution Policy (the Policy) mandated by the Internet Corporation for Assigned Names and Numbers ("ICANN").

The Policy is the first attempt to establish a global set of substantive rules regarding certain kinds of Internet-related trademark disputes, and a single, international system for the arbitration of those disputes. In many respects, the Policy has fulfilled its objective of providing an efficient and cost effective means of resolving certain domain name disputes. In other respects, however, the experience with …

Re-Evaluating The Freedom Of Scientific Inquiry Through Biotechnology And Human Rights, George P. Smith Ii

Scholarly Articles

No abstract provided.

Digital Millennium Copyright Act: Can It Take Down Internet Infringers?, David L. Clark

Computer Law Review and Technology Journal

In response to the growing digital age, Congress enacted the Digital Millennium Copyright Act ("DMCA") on October 28, 1998. Unlike traditional copyright statutes, the DMCA does not address the act of infringement but instead focuses on the technology that makes infringement easier. Copyright holders have begun to develop encryption technology to prevent unauthorized use of their works, and the DMCA assists those efforts by prohibiting any person from circumventing those security provisions or selling decryption devices. The DMCA also encourages Internet Service Providers ("ISPs") to disable websites that are accused of copyright infringement; it protects the ISPs with a safe …

Fast, Cheap, And Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg

Computer Law Review and Technology Journal

The Internet is constantly expanding, both as a means of communication and as a means of commerce. As its contacts among people and businesses expand, more and more disputes will arise and will need resolution. These disputes will evolve both from business-to-consumer transactions and from business-to-business transactions. Some of the claims will include breach of contract, breach of warranty, and even fraud. Others will concern intellectualproperty rights such as trademarks, copyrights, and patents. Still others will involve competition law, raising issues of antitrust, trade disparagement, and other claims of unfair competition. Alleging defamation, invasion of privacy and emotional distress, some …

The Protection Of Intellectual-Property Rights In A Federalist Era, Steve Malin

Computer Law Review and Technology Journal

The framers of the Constitution envisioned a nation comprising several separate and independent sovereign states. Under a system of dual sovereignty, the states gave up certain enumerated powers delegated to the federal government. Among those powers was the authority to enact laws designed to protect patent and copyright owners and to encourage invention and original authorship.

Also in the framers' minds - recent caselaw tells us - was the belief that the states retained immunity from suits brought by individuals. Despite this fact, the federal intellectual-property system has historically placed sovereign states on equal footing with individuals as to both …