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Faculty Scholarship

Intellectual property

Fordham Law School

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Full-Text Articles in Law

Trademark Intersectionality , Sonia K. Katyal Jan 2009

Trademark Intersectionality , Sonia K. Katyal

Faculty Scholarship

Even though most scholars and judges treat intellectual property law as a predominantly content neutral phenomenon, trademark law contains a statutory provision, Section 2(a) that provides for the cancellation of marks that are “disparaging,” “immoral,” or “scandalous,” a provision that has raised intrinsically powerful constitutional concerns. The constitutional tensions surrounding Section 2(a), invariably, affect two central metaphors that are at war within trademark law: the marketplace of goods, which premises itself on the fixedness of intellectual properties, and the marketplace of ideas, which is premised on the very fluidity of language itself. Since the architecture of trademark law focuses only …


Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal Jan 2008

Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal

Faculty Scholarship

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players …


Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal Jan 2007

Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal

Faculty Scholarship

Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …


The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg Jan 2007

The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg

Faculty Scholarship

This article argues that the technological attacks on intellectual property are a movement against democratically chosen intellectual property rules. They form a basic challenge to the rule of law and to the control of the rules wired into the network. In making this argument, the Article first maintains that intellectual property rights have an important public function in democracy in that they mark political, economic, and social boundaries. Next, the Article shows that the public law, as enacted by governments, has reallocated intellectual property rights to adapt to the information economy. While many aspects of this new allocation of rights …


Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg Jan 1998

Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg

Faculty Scholarship

It is my pleasure today to introduce our keynote speaker, Professor Larry Lessig. Professor Lessig is the Jack and Lillian Berkman Professor of Entrepreneurial Legal Studies at Harvard Law School and is a renowned scholar in intellectual property, constitutional, Internet, and new media law. Indeed, the last time Professor Lessig spoke here at Fordham, he was focusing on his pioneering work addressing fidelity in constitutional interpretation. Of course, not the sort of fidelity that the Senate is debating this afternoon.