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Articles 1 - 25 of 25
Full-Text Articles in Law
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
Michigan Telecommunications & Technology Law Review
In June, 2005, the United States Supreme Court set forth an "inducement" rule in MGM Studios, Inc. v. Grokster, Ltd. that imposes secondary liability on "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement." The Court emphasized the limitations of the liability standard it was setting forth, stating that the target was only "purposeful, culpable expression and conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful promise." Yet, the liability standard set forth in Grokster …
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
Michigan Telecommunications & Technology Law Review
The copyright issues raised by "dual-use" technologies--equipment that can be used both in ways that infringe copyright and in ways that do not--first gained prominence in connection with the litigation over videocassette recorders that culminated in the Supreme Court's decision in Sony in 1984. Copyright owners had asserted that Sony's manufacture and distribution of VCRs rendered it liable for copyright infringement committed by customers using their Sony VCRs. The Supreme Court in Sony concluded that copyright law did not impose such secondary liability where the device in question was capable of substantial noninfringing uses (and that the VCR was such …
21st Century Copyright Law In The Digital Domain Symposium Transcript, Symposium Panelists
21st Century Copyright Law In The Digital Domain Symposium Transcript, Symposium Panelists
Michigan Telecommunications & Technology Law Review
21st Century Copyright Law in the Digital Domain Symposium held at Universtiy of Michigan Law School Friday, March 24, 2006
Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg
Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg
West Virginia Law Review
No abstract provided.
No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert
No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert
Federal Communications Law Journal
No abstract provided.
Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman
Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman
Federal Communications Law Journal
No abstract provided.
Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon
Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon
Federal Communications Law Journal
No abstract provided.
Politics And Telecommunications, Larry Pressler
Politics And Telecommunications, Larry Pressler
Federal Communications Law Journal
No abstract provided.
Air Power, Accuracy, And The Law Of Targeting: Why No Brave New World, Adam Roberts
Air Power, Accuracy, And The Law Of Targeting: Why No Brave New World, Adam Roberts
International Law Studies
No abstract provided.
Targeting And Humanitarian Law: Current Issues, Michael N. Schmitt
Targeting And Humanitarian Law: Current Issues, Michael N. Schmitt
International Law Studies
No abstract provided.
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark Dilution In Japan, Kenneth L. Port
Trademark Dilution In Japan, Kenneth L. Port
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Economics Of Trademarks, David W. Barnes
A New Economics Of Trademarks, David W. Barnes
Northwestern Journal of Technology and Intellectual Property
Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.
This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …
Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range
Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy
Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev
A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Northwestern Journal of International Law & Business
This paper argues that the United States should look to the European Community in order to rework its telecommunications regulatory structure. More specifically, the United States should reconsider its current system of regulating various telecommunications sectors separately and follow the European Commission by developing a "single regulatory framework." By regulating the telecommunications transmission separately from telecommunications content, the United States can better anticipate emerging technologies rather than struggling to catch up with new technologies as they exceed the reach of the current regulatory framework. Part II will discuss the U.S. and European telecommunications regulatory frameworks. Part III will discuss the …
Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot
Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot
Marquette Sports Law Review
No abstract provided.