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Articles 1 - 30 of 105
Full-Text Articles in Law
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
Pamela Samuelson
Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases. This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …
Digital Rights Management {And, Or, Vs.} The Law, Pamela Samuelson
Digital Rights Management {And, Or, Vs.} The Law, Pamela Samuelson
Pamela Samuelson
Copyright industries are hoping that digital rights management (DRM) technologies will prevent infringement of commercially valuable digital content, such as music and movies. These industries have already persuaded legislatures to adopt broad anti-circumvention rules to protect DRM from being hacked, and courts have interpreted these statutes even more broadly than legislators intended.
Copyright industries now want DRM to be mandated in all digital media devices, either through standard-setting processes or through legislation. Though mandates for ubiquitous DRM are unlikely to be legislated soon, the threat of DRM mandates should be taken seriously. Computing professionals should be aware that private standardsetting …
Toward A New Politics Of Intellectual Property, Pamela Samuelson
Toward A New Politics Of Intellectual Property, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Reverse Engineering Under Siege, Pamela Samuelson
Reverse Engineering Under Siege, Pamela Samuelson
Pamela Samuelson
No abstract provided.
The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden
The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden
Pamela Samuelson
Symposium introduction: Steps Toward Evidence-Based IP
Proposal For A New "Rights In Software" Clause For Software Acquisition By The Department Of Defense, Pamela Samuelson
Proposal For A New "Rights In Software" Clause For Software Acquisition By The Department Of Defense, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Toward A "New Deal" For Copyright In An Information Age, Pamela Samuelson
Toward A "New Deal" For Copyright In An Information Age, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Before Ucita: Licensing, Selling And Using Information Under The Proposal Formerly Known As Ucc Article 2b And Federal Database Protection Legislation, Pamela Samuelson, George A. Cooke Jr., Robert W. Gomulkiewicz, Raymond T. Nimmer
Before Ucita: Licensing, Selling And Using Information Under The Proposal Formerly Known As Ucc Article 2b And Federal Database Protection Legislation, Pamela Samuelson, George A. Cooke Jr., Robert W. Gomulkiewicz, Raymond T. Nimmer
Pamela Samuelson
No abstract provided.
Oracle V. Google: Are Apis Copyrightable?, Pamela Samuelson
Oracle V. Google: Are Apis Copyrightable?, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Legislating About Digital Rights Management Technologies, Pamela Samuelson
Legislating About Digital Rights Management Technologies, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Statutory Damages As A Threat To Innovation, Pamela Samuelson
Statutory Damages As A Threat To Innovation, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Should The Google Book Settlement Be Approved?, Pamela Samuelson
Should The Google Book Settlement Be Approved?, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Copyrighting Standards, Pamela Samuelson
A Perspective On The Merits Of The Antitrust Objections To The Failed Google Books Settlement, Pamela Samuelson
A Perspective On The Merits Of The Antitrust Objections To The Failed Google Books Settlement, Pamela Samuelson
Pamela Samuelson
The rejection of the ASA has not entirely ended academic debate about the antitrust implications of this agreement. This Article responds to critics of the antitrust objections to the ASA by making three main points. Part II explains that Judge Chin's incomplete and unpersuasive analysis of the antitrust objections to the proposed settlement agreement is best understood as an effort to encourage the settling parties to adopt more competitive terms in any revised settlement agreement. Part III points out that the DOJ did not reach definitive conclusions on antitrust issues posed by the ASA. The DOJ was, however, obliged to …
Does Copyright Law Need To Be Reformed, Pamela Samuelson
Does Copyright Law Need To Be Reformed, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Why The Google Book Settlement Failed--And What Comes Next, Pamela Samuelson
Why The Google Book Settlement Failed--And What Comes Next, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Quantafying The Value Of Patent Exhaustion Rules, Pamela Samuelson
Quantafying The Value Of Patent Exhaustion Rules, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Legally Speaking: The Dead Souls Of The Google Book Search Settlement, Pamela Samuelson
Legally Speaking: The Dead Souls Of The Google Book Search Settlement, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Lotus Development Corporation V. Borland International, Inc. - Brief Amicus Curiae Of Copyright Law Professors, Pamela Samuelson
Lotus Development Corporation V. Borland International, Inc. - Brief Amicus Curiae Of Copyright Law Professors, Pamela Samuelson
Pamela Samuelson
Presentation of Brief by Pamela Samuelson
Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson
Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Can Online Piracy Be Stopped By Law?, Pamela Samuelson
Can Online Piracy Be Stopped By Law?, Pamela Samuelson
Pamela Samuelson
No abstract provided.
A New Kind Of Privacy? Regulating Uses Of Personal Data In The Global Information Economy, Pamela Samuelson
A New Kind Of Privacy? Regulating Uses Of Personal Data In The Global Information Economy, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Why Do Software Startups Patent (Or Not)?, Pamela Samuelson
Why Do Software Startups Patent (Or Not)?, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Revisiting Patentable Subject Matter, Pamela Samuelson
Revisiting Patentable Subject Matter, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Mass Digitization As Fair Use, Pamela Samuelson
Mass Digitization As Fair Use, Pamela Samuelson
Pamela Samuelson
No abstract provided.
A Copyright Challenge To Resales Of Digital Music, Pamela Samuelson
A Copyright Challenge To Resales Of Digital Music, Pamela Samuelson
Pamela Samuelson
No abstract provided.
When Is A "License" Really A Sale?, Pamela Samuelson
When Is A "License" Really A Sale?, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Watching Tv On Internet-Connected Devices, Pamela Samuelson
Watching Tv On Internet-Connected Devices, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Patent Reform Through The Courts, Pamela Samuelson
Patent Reform Through The Courts, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Software Patents And The Metaphysics Of Section 271 (F), Pamela Samuelson
Software Patents And The Metaphysics Of Section 271 (F), Pamela Samuelson
Pamela Samuelson
No abstract provided.