Law Commons^™

The Five Indicia Of Virtual Property, Charles Blazer

The University of New Hampshire Law Review

[Excerpt] “Many Americans use “it” every day. Although it is intangible, it may be worth thousands of dollars. Because we can both control it and prevent other people from controlling it, we assume, without much thought, that we own it. Sometimes we pay someone a monthly fee to hold it for us. Sometimes, simply by using it, we increase its value. When we finish using it, we often sell it.

“It” is virtual property, and it may take the form of an email address, a website, a bidding agent, a video game character, or any number of other intangible, digital …

Three Reactions To Mgm V. Grokster, Pamela Samuelson

Michigan Telecommunications & Technology Law Review

It was prescient of the Michigan Telecommunications and Technology Law Review to have organized a conference to discuss the Supreme Court's decision in Metro-Goldwyn-Mayer, Inc. v. Grokster, Inc. As the articles in this issue reveal, commentators have had somewhat mixed reactions to the Grokster decision. Perhaps I am the most mixed (or mixed up) about Grokster among its commentators, for I have had not just one but three reactions to the Grokster decision. My first reaction was to question whether MGM and its co-plaintiffs really won the Grokster case, or at least won it in the way they had hoped. …

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

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 …

The Half-Fairness Of Google's Plan To Make The World's Collection Of Books Searchable, Steven Hetcher

Michigan Telecommunications & Technology Law Review

Google's major new initiative is to undertake the task of digitizing the world's collection of books so as to make them searchable. The very idea is audacious, but what is more so is that Google plans to copy without first seeking the permission of the owners of these works. Google Print would make available what is, by conventional measures at least, the highest grade of information--books produced by millions of the world's leading scholars. This is in stark contrast to the inconsistent quality spectrum one encounters through other online sources such as peer-to-peer networks and blogs, where there currently exists …

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

Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, Tyler T. Ochoa

Faculty Publications

This article highlights nine U.S. copyright law decisions handed down between February 1, 2005 and May 1, 2006. This review was originally delivered as a speech at The 50th Annual Conference of Developments in Intellectual Property Law held by The John Marshall Law School Center for Intellectual Property Law on May 26, 2006. Discussing a wide range of cases from peer-to-peer file sharing to standing, the analysis focuses on the most recent developments in copyright.

Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens

University of Miami International and Comparative Law Review

No abstract provided.

Inducement Liability For Copyright Infringement Is Born: The Supreme Court Attempts To Remedy The Law's Broken Leg With A Cast On The Arm, Evan F. Fitts

Missouri Law Review

In the wake of Napster's demise, several software companies emerged, intending to capitalize on the high demand for free software that would enable users to access copyrighted music. Grokster, Ltd. ("Grokster") and StreamCast Networks, Inc. ("StreamCast") were two such software companies that, like Napster, were eventually sued for copyright infringement by numerous entertainment industry copyright holders. In Metro-GodwynMayer Studios Inc. v. Grokster, Ltd., the Supreme Court attempted to clarify when a product distributor could be held liable for the infinging acts of a third party that used its product. This note argues that although the Supreme Court's decision introduced a …

Copyright, Technology & The Boston Strangler: The Seventh Circuit And The Future Of Online Music Access, Jeffrey J. Escher

Seventh Circuit Review

The United States Supreme Court previously ruled that recording television programs or movies using Betamax or VHS tapes does not constitute copyright infringement. However, the Supreme Court recently held that downloading music from a peer-to-peer (P2P) file-sharing network does constitute copyright infringement. Thus, federal district court decisions are now targeting individuals who illegally download music from these networks and entering large monetary judgments against them. The U.S. Court of Appeals for the Seventh Circuit is upholding these judgments. This article discusses the difference between video taping and downloading and why is there a discrepancy in terms of copyright law.

Opting Out: Procedural Fair Use, Michael R. Mattioli

ExpressO

This article explores the advantages of opt-out plans, and identifies a critical shortcoming in Copyright’s doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, Google provided a free and easy opt-out procedure for authors who didn’t want their books scanned. Despite this measure, two major authors’ groups have sued Google, claiming the opt-out plan imposes an unfair burden. This article explores the fairness of established opt-outs in contract …

Digital Copyright, Jessica D. Litman

Books

In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.

In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of …

Liability Of Computer Maintenance Providers Under Copyright Law: Storage Tech. Corp. V. Custom Hardware Eng'g & Consulting, Inc., Dean L. Franklin, Timothy D. Krieger

Santa Clara High Technology Law Journal

No abstract provided.

Taking De Minimis Out Of The Mix: The Sixth Circuit Threatens To Pull The Plug On Digital Sampling In Bridgeport Music, Inc. V. Dimension Films, Steven D. Kim

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Common-Sense (Federal) Common Law Adrift In A Statutory Sea, Or Why Grokster Was A Unanimous Decision, Jay R. Dratler

Santa Clara High Technology Law Journal

No abstract provided.

Importing Kazaa - Exporting Grokster, Graeme W. Austin

Santa Clara High Technology Law Journal

No abstract provided.

The Story Of Sony V. Universal Studios: Mary Poppins Meets The Boston Strangler., Jessica Litman

Book Chapters

Sony v. Universal Studios may be the most famous of all copyright cases. People who know nothing about copyright know that the Sony-Betamax case held that home videotaping of television programs is fair use. Paradoxically, although the Supreme Court granted certiorari in the case to decide whether the copyright law permitted consumers to engage in private home copying of television programs, the majority ended up crafting its analysis to avoid answering that question definitively. Instead, it ruled that even if consumers sometimes violated the copyright law when they taped television programs off the air, that violation did not make the …

Repeat Infringement In The Digital Millennium Copyright Act, A. Michael Froomkin

Articles

No abstract provided.