Law Commons^™

Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright, Licensing, And The First Screen , Ronald A. Cass

Michigan Telecommunications & Technology Law Review

As patent, copyright, and other intellectual property rights have assumed greater economic importance, the manner in which those rights are used has come under increased scrutiny. Recently filed antitrust litigation against Microsoft Corporation, for example, focuses on the terms under which Microsoft has licensed its Windows® operating system to computer manufacturers (generally referenced as OEMs, for Original Equipment Manufacturers). In particular, parties to the litigation complain about the license agreements' requirement that the first screen to appear when customers initially turn on ("boot up") a computer display certain features common across all Windows-based platforms. The "first screen provision" has been …

Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara

Indiana Journal of Global Legal Studies

No abstract provided.

Promoting Innovation Competition Through The Aspen/Kodak Rule, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

Articles

This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …