Law Commons^™

Guidelines To Limit Criminal Prosecutions Of Filesharing Services, Benton C. Martin, Jeremiah R. Newhall

Benton C. Martin

This short essay acknowledges certain efficiencies in enforcing copyright law against "secondary" infringers like filesharing services through criminal proceedings, but it proposes guidelines for prosecutors to use in limiting prosecutions against this type of infringer.

Criminal Copyright Enforcement Against Filesharing Services, Benton C. Martin, Jeremiah R. Newhall

Benton C. Martin

The high-profile prosecution of the popular online storage website Megaupload for criminal copyright infringement is the latest in a series of recent criminal prosecutions of online filesharing services. But what pushes a legitimate online file-storing business over the edge to criminal enterprise? How might criminal copyright enforcement differ materially from civil enforcement?

This article answers these questions and suggests guidelines for prosecutorial discretion. After a condensed history of criminal copyright law, we explain why "secondary" theories of infringement apply in the criminal, as well as civil, context and why the DMCA "safe harbor" defense is a red herring in criminal …

The American Models Of Technology Transfer: Contextualized Emulation By Developing Countries?, Benton C. Martin

Benton C. Martin

Patents are an essential part of the US economy, sparked by ground-breaking legislation, the Bayh-Dole Act and the Stevenson-Wydler Technology Innovation Act, which allowed ownership of technology resulting from research funded by the federal government, though it is far from clear whether this same type of legislation would benefit developing countries. Yet because of the legislation’s success in the United States, developing countries are increasingly adopting the same approach. Thus, studying how this legislation might be adopted by developing countries is an important topic. This article emphasized that that these two particular pieces of legislation have been tailored to specific …

Presentation: U.S. Licensing Regulation As A Model For Developing Countries, Benton C. Martin

Benton C. Martin

Highlights differences between legislation regulating goverment labs and universities and discusses the implications of these differences for developing countries seeking to emulate United States technology transfer legislation. Concludes that diversity amongst countries based on historical context and infrastructure is vital, just as it has been in regulating different types of institutions in the United States.