Law Commons^™

Copyright Freeconomics, John M. Newman

John M. Newman

Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster’s rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate, still ongoing, among scholars and stakeholders—but this debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering licit content at a price of $0.

This sea change has ushered in an era of “copyright freeconomics.” Drawing on an emerging body …

The Not So Great Wall Of China: Intellectual Property Enforcement Issues March On In The People’S Republic, Anna K. Liu

Anna Liu

No abstract provided.

Rethinking The Anti-Counterfeiting Trade Agreement Copyright Criminal Enforcement Measures, Miriam Bitton

Miriam Bitton

A few developed countries have secretly initiated and negotiated the Anti-Counterfeiting Trade Agreement (ACTA). The ACTA is aimed at enhancing international copyright and trademark enforcement measures. The Article analyses the copyright dimension of ACTA, considering its various provisions and the rationale behind them. The article does so by thoroughly examining the complex intersection of intellectual property law and criminal law. The Article then draws a few major conclusions and makes contributions to the area of copyright law: it shows how the ACTA in fact merely mimics the U.S. approach towards criminal enforcement of copyright law. Second, and more importantly, it …

Let The Public Speak: Public Domain As Default, Miriam Bitton

Miriam Bitton

The introduction of digital technologies has significantly challenged intellectual property law systems. One of the most troubling phenomena is the attack on the public domain (PD). The PD has been traditionally perceived as a major foundation for further creation and development and thus, as something that should be preserved and enlarged. Unfortunately, the introduction of information technologies changed this reality to such an extent that fewer works now become part of the PD. This article introduces a new approach for handling the problem of the PD, suggesting some innovative methods that would facilitate the effective dedication of materials to the …