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Open Access. Powered by Scholars. Published by Universities.®

2008

Intellectual Property Law

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Duke Law

Duke Law & Technology Review

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Full-Text Articles in Law

Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet Oct 2008

Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet

Duke Law & Technology Review

Technological advancement is widely viewed as an essential component to any effective climate change strategy. However, there is no consensus as to the degree to which the law should promote technological innovation and development. This iBrief analyzes government involvement in encouraging such technology and divides the various policies into four categories. On one end are policies that rely mainly on market forces to encourage scientific advancement naturally, requiring minimal government involvement. A second category of policies involves technological development promoted indirectly through laws addressing climate change generally. A third type of policy involves directly offering government funding and financing for …


On The Perils Of Inadequate Analogies, Dan Tammuz Apr 2008

On The Perils Of Inadequate Analogies, Dan Tammuz

Duke Law & Technology Review

Linking law is barely a decade old. Over the course of this short period, a wide variety of approaches have come to light. In fact, different jurisdictions have come to different conclusions regarding similar issues. Recently, there has been a new addition to the jurisprudence. A Texas holding established that linking to copyright-protected content violates copyright. This iBrief argues that the reasoning in this decision is flawed. The opposite conclusion should have been reached by applying straightforward copyright analysis and by looking to recent case law regarding hyperlinking.