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Articles 481 - 502 of 502
Full-Text Articles in Law
My Library: Copyright And The Role Of Institutions In A Peer-To-Peer World, Rebecca Tushnet
My Library: Copyright And The Role Of Institutions In A Peer-To-Peer World, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Today's technology turns every computer - every hard drive - into a type of library. But the institutions traditionally known as libraries have been given special consideration under copyright law, even as commercial endeavors and filesharing programs have begun to emulate some of their functions. This Article explores how recent technological and legal trends are affecting public and school-affiliated libraries, which have special concerns that are not necessarily captured by an end-consumer-oriented analysis. Despite the promise that technology will empower individuals, we must recognize the crucial structural role of intermediaries that select and distribute copyrighted works. By exploring how traditional …
Pervasively Distributed Copyright Enforcement, Julie E. Cohen
Pervasively Distributed Copyright Enforcement, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood …
Regulating Access To Databases Through Antitrust Law, Daryl Lim
Regulating Access To Databases Through Antitrust Law, Daryl Lim
Faculty Scholarly Works
It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope of protection. This Paper argues that antitrust law can be used to supplement intellectual property law in maintaining the “access-incentive” balance with respect to databases. It starts from the premise that a trend toward “TRIPs-plus” rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various means of database access regulation are explored and …
Estimates Of Patent Rents From Firm Market Value, James Bessen
Estimates Of Patent Rents From Firm Market Value, James Bessen
Faculty Scholarship
The value of patent rents is an important quantity for policy analysis. However, estimates in the literature based on patent renewals might be understated. Market value regressions could provide validation, but they have not had clear theoretical foundations for estimating patent rents. I develop a simple model to make upper bound estimates of patent rents using regressions on Tobin's Q. I test this on a sample of US firms and find it robust to a variety of considerations. My estimates correspond well with estimates based on patentee behavior outside the pharmaceutical industry, but renewal estimates might be understated for pharmaceuticals.
What Is Dilution, Anyway?, Stacey Dogan
What Is Dilution, Anyway?, Stacey Dogan
Faculty Scholarship
Ever since the Supreme Court decided Moseley v. V Secret Catalogue, Inc. in 2003, an amendment to the Federal Trademark Dilution Act (“FTDA”) has appeared inevitable. Congress almost certainly meant to adopt a “likelihood of dilution” standard in the original statute, and the 2006 revisions correct its sloppy drafting. Substituting a “likelihood of dilution” standard for “actual dilution,” however, does not resolve a deeper philosophical question that has always lurked in the dilution debate: what is dilution, and how does one prove or disprove its probability? The statutory definition notwithstanding, this issue remains largely unanswered, leaving the courts with the …
Patents And Business Models For Software Firms, John R. Allison, Abe Dunn, Ronald J. Mann
Patents And Business Models For Software Firms, John R. Allison, Abe Dunn, Ronald J. Mann
Faculty Scholarship
We analyze the relation between patents and the different business models available to firms in the software industry. The paper builds on Cusumano's work defining the differences among firms that sell products, those that provide services, and the hybrid firms that fall between those polar categories. Combining data from five years of Software Magazine's Software 500 with data about the patenting practices of those software firms, we analyze the relation between the share of revenues derived from product sales and the firm's patenting practices. Accounting for size, R&D intensity, and sector-specific effects, the paper finds a robust positive correlation between …
Enforcing The Gnu Gpl, Sapna Kumar
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Articles & Chapters
No abstract provided.
Internet Distribution And The Worldwide Music Industry, Kembrew Mcleod
Internet Distribution And The Worldwide Music Industry, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Registracija Svobode Izrazanja®/Trademarking Freedom Of Expression®, Kembrew Mcleod
Registracija Svobode Izrazanja®/Trademarking Freedom Of Expression®, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Freedom Of Expression®: Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod
Freedom Of Expression®: Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Roundtable On Academic Publishing, Kembrew Mcleod
Roundtable On Academic Publishing, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt
Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt
Lee-ford Tritt
No abstract provided.
Fair Use And Music Scholarship. Communication And Economy, Kembrew Mcleod
Fair Use And Music Scholarship. Communication And Economy, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Economic Aspects Of Intellectual Property, Peter Menell
Economic Aspects Of Intellectual Property, Peter Menell
Peter Menell
No abstract provided.
Freedom Of Expression Vs. Intellectual Property Rights: Does Copyright Kill Free Speech?, Kembrew Mcleod
Freedom Of Expression Vs. Intellectual Property Rights: Does Copyright Kill Free Speech?, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Third Party Copyright After Grokster, Alfred C. Yen
Third Party Copyright After Grokster, Alfred C. Yen
Alfred C. Yen
This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third party copyright liability is unclear. Grokster involved a claim of third party liability against defendants whose technology supported the sharing of music over the Internet, and it represents the Supreme Court’s attempt to bring coherence to the relevant law.
Grokster is a difficult case to understand. It added a new …
A Technological Theory Of The Arms Race, Lee B. Kovarsky
A Technological Theory Of The Arms Race, Lee B. Kovarsky
Lee Kovarsky
Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …
El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi
El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Thomas A Faunce
On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …
Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer
Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer
Matthew Rimmer
Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz
Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz
Mark F Schultz
Conventional wisdom says that people using modern technology are unlikely to obey copyright law, absent fear of lawsuits or extremely strong copy protection. This Article challenges that conventional wisdom. It explores why people obey copyright law and concludes that people can be persuaded to obey copyright voluntarily, provided that copyright owners can encourage the development of pro-copyright social norms.
This Article contributes to both the social norms and the copyright literature by explaining how pro-copyright social norms might be fostered from a behavioral trait known as reciprocity. It draws insight from a case study of a community of music fans …