Law Commons^™

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

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

Pamela Samuelson

No abstract provided.

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

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

Pamela Samuelson

No abstract provided.

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

Pamela Samuelson

No abstract provided.

Oracle V. Google: Are Apis Copyrightable?, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Legislating About Digital Rights Management Technologies, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Statutory Damages As A Threat To Innovation, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Should The Google Book Settlement Be Approved?, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Copyrighting Standards, Pamela Samuelson

Pamela Samuelson

No abstract provided.

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

Pamela Samuelson

No abstract provided.

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

Pamela Samuelson

No abstract provided.

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

Pamela Samuelson

Presentation of Brief by 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

Pamela Samuelson

No abstract provided.

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

Pamela Samuelson

No abstract provided.

Revisiting Patentable Subject Matter, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Mass Digitization As Fair Use, Pamela Samuelson

Pamela Samuelson

No abstract provided.

A Copyright Challenge To Resales Of Digital Music, Pamela Samuelson

Pamela Samuelson

No abstract provided.

When Is A "License" Really A Sale?, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Watching Tv On Internet-Connected Devices, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Patent Reform Through The Courts, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Software Patents And The Metaphysics Of Section 271 (F), Pamela Samuelson

Pamela Samuelson

No abstract provided.