Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (39)
- Entertainment, Arts, and Sports Law (11)
- Internet Law (11)
- Science and Technology Law (5)
- Consumer Protection Law (4)
-
- Computer Law (3)
- Contracts (3)
- Comparative and Foreign Law (2)
- European Law (2)
- International Trade Law (2)
- Administrative Law (1)
- Communication (1)
- Communication Technology and New Media (1)
- Communications Law (1)
- Conflict of Laws (1)
- Criminal Law (1)
- Criminal Procedure (1)
- International Law (1)
- Law and Economics (1)
- Law and Society (1)
- Legal Ethics and Professional Responsibility (1)
- Legislation (1)
- Policy Design, Analysis, and Evaluation (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Science and Technology Policy (1)
- Social and Behavioral Sciences (1)
- Institution
-
- Case Western Reserve University School of Law (11)
- Fordham Law School (7)
- SelectedWorks (6)
- BLR (3)
- University of Colorado Law School (3)
-
- University of Miami Law School (3)
- Duke Law (2)
- Selected Works (2)
- University of Cincinnati College of Law (2)
- University of Georgia School of Law (2)
- University of Michigan Law School (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- Marquette University Law School (1)
- Northwestern Pritzker School of Law (1)
- Sacred Heart University (1)
- Santa Clara Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of San Diego (1)
- University of South Carolina (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Case Western Reserve Law Review (10)
- Fordham Intellectual Property, Media and Entertainment Law Journal (7)
- ExpressO (3)
- Jeremy de Beer (3)
- University of Colorado Law Review (3)
-
- Faculty Articles and Other Publications (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Jeffrey S. Moorad Sports Law Journal (2)
- Journal of Intellectual Property Law (2)
- Michigan Telecommunications & Technology Law Review (2)
- University of Miami Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Scholarship (1)
- Articles (1)
- Brett Frischmann (1)
- Brooklyn Law Review (1)
- Chris Jay Hoofnagle (1)
- Cornell Law School J.D. Student Research Papers (1)
- Lukas Feiler (1)
- Marquette Intellectual Property Law Review (1)
- Northwestern Journal of Technology and Intellectual Property (1)
- Rob Frieden (1)
- San Diego Law Review (1)
- Santa Clara Law Review (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- School of Computer Science & Engineering Faculty Publications (1)
- Severine Dusollier (1)
- Touro Law Review (1)
- Publication Type
Articles 1 - 30 of 61
Full-Text Articles in Law
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Brett Frischmann
No abstract provided.
What We Buy When We "Buy Now", Aaron K. Perzanowski, Chris Jay Hoofnagle
What We Buy When We "Buy Now", Aaron K. Perzanowski, Chris Jay Hoofnagle
Faculty Publications
Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent …
What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle
What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle
Chris Jay Hoofnagle
Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz
Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz
Journal of Intellectual Property Law
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Journal of Intellectual Property Law
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa
You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa
Brooklyn Law Review
The changing landscape of digital media technology makes it increasingly difficult for owners of copyrighted music to monitor how their works are being exploited across the Internet. This is especially true of user-generated content (UGC) platforms—websites and applications such as Facebook, YouTube, and Snapchat, where content is created or uploaded predominantly by users. These services pose a special problem to copyright owners because, instead of content being uploaded from a single source that is easily sued and has deep pockets, content is uploaded by users. Users are a troublesome group because they are innumerable, sometimes anonymous, and mostly click on …
Proximity-Driven Liability, Bryant Walker Smith
Proximity-Driven Liability, Bryant Walker Smith
Faculty Publications
This working paper argues that commercial sellers’ growing information about, access to, and control over their products, product users, and product uses could significantly expand their point-of-sale and post-sale obligations toward people endangered by these products. The paper first describes how companies are embracing new technologies that expand their information, access, and control, with primary reference to the increasingly automated and connected motor vehicle. It next analyzes how this proximity to product, user, and use could impact product-related claims for breach of implied warranty, defect in design or information, post-sale failure to warn or update, and negligent enabling of a …
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Touro Law Review
No abstract provided.
The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, James D. Lamm, Christina L. Kunz, Damien A. Riehl, Peter John Rademacher
The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, James D. Lamm, Christina L. Kunz, Damien A. Riehl, Peter John Rademacher
University of Miami Law Review
No abstract provided.
Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman
Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman
All Faculty Scholarship
Private ordering plays a significant role in the application of intellectual property laws, especially in the context of copyright law. In this Article, I highlight some of the dominant modes of private ordering and consider what formal copyright law should do, if anything, to engage with private ordering in the copyright space. I conclude that there is not one single approach that copyright law should take with regard to private ordering, but instead several different approaches. In some instances, the best option is for the law to get out of the way and simply continue to provide room for various …
Last Sale? Libraries’ Rights In The Digital Age, Jennifer Jenkins
Last Sale? Libraries’ Rights In The Digital Age, Jennifer Jenkins
Faculty Scholarship
No abstract provided.
Access And The Public Domain, Randal C. Picker
Access And The Public Domain, Randal C. Picker
San Diego Law Review
[T]his Article sketches out the emerging public domain. Part III considers three conceptual questions for structuring use of the public domain, focusing on the extent to which the public domain should be viral; on whether we should insist that the public domain be accessed only through the original artifacts embodying it; and on whether private appropriability incentives for distribution of public domain scans match overall social interests. Part IV turns to the tools for restricting use of the public domain, to copyright, contract, the DMCA, and the CFAA. Each of these matters for access to the public domain and for …
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Fordham Intellectual Property, Media and Entertainment Law Journal
Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location — a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of raising borders in cyberspace, …
Drm At The Intersection Of Copyright Law And Technology : A Case Study For Regulation, Severine Dusollier
Drm At The Intersection Of Copyright Law And Technology : A Case Study For Regulation, Severine Dusollier
Severine Dusollier
Digital Rights Management, that have been deployed to enforce copyright, present an interesting case study for regulation. DRM, as a technology, has significant effects on copyright regulation. When applied to limiting access or controlling the use of some works, and reinforced by anti-circumvention provisions, a DRM system acts as a technical norm regulating the very use of a copyrighted work, as copyright regulation does. But the normative effect of DRM technologies is rather different in terms of content and in terms of nature. Mere access to and use of works are now under control, whereas copyright is traditionally limited to …
God In The Machine: Encryption Algorithms And The Abstract Exemption To Patentability, Jeremy R. Hager
God In The Machine: Encryption Algorithms And The Abstract Exemption To Patentability, Jeremy R. Hager
Marquette Intellectual Property Law Review
This Comment explores the impact of the United States Supreme Court’s recent decision in Bilski v. Kappos upon the patentability of encryption schemes for digital content. While the majority of commentary concerning this anticlimactic decision has focused on the heated topic of software patents, little attention has been paid to the analogous field of cryptographic technology—and the patentability thereof—in light of Bilski’s “guidance.” Cryptographic technology, commonly utilized to protect digital content under the moniker Digital Rights Management (DRM) technology, has been utilized by all major content-producing industries to prevent copying by consumers of various content mediums, from software to …
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Scholarly Works
Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on …
When Copyright Law And Science Collide: Empowering Digitally Integrated Research Methods On A Global Scale, Jerome H. Reichman, Ruth L. Okediji
When Copyright Law And Science Collide: Empowering Digitally Integrated Research Methods On A Global Scale, Jerome H. Reichman, Ruth L. Okediji
Faculty Scholarship
Automated knowledge discovery tools have become central to the scientific enterprise in a growing number of fields and are widely employed in the humanities as well. New scientific methods, and the evolution of entirely new fields of scientific inquiry, have emerged from the integration of digital technologies into scientific research processes that ingest vast amounts of published data and literature. The Article demonstrates that intellectual property laws have not kept pace with these phenomena.
Copyright law and science co-existed for much of their respective histories, with a benign tradition of the former giving way to the needs of the latter. …
Parchment, Pixels, & Personhood: User Rights And The Ip (Identity Politics) Of Ip (Intellectual Property), John Tehranian
Parchment, Pixels, & Personhood: User Rights And The Ip (Identity Politics) Of Ip (Intellectual Property), John Tehranian
University of Colorado Law Review
This Article challenges copyright's prevailing narrative on personhood, which has typically focused on the identity interests that authors enjoy in their creative output. Instead, the analysis explores the personhood interests that consumers possess in copyrighted works. Drawing on a wide range of examples-from flag burning as copyright infringement, the "Kookaburra"c ontroversy, and the crowd-sourced origins of the Serenity Prayer to the reported innumeracy of the enigmatic Piraha Amazonians, the apocryphal source of ancient Alexandria's Royal Library and the unusually fragile nature of digital media-the Article advances a Hegelian refutation to intellectual property maximalism and a theory of copyright that recognizes …
New Business Models For Music, Henry H., Perritt Jr.
New Business Models For Music, Henry H., Perritt Jr.
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Separation Of Ownership And The Authorization To Use Personal Computers: Unintended Effects Of Eu And U.S. Law On It Security, Lukas Feiler
Separation Of Ownership And The Authorization To Use Personal Computers: Unintended Effects Of Eu And U.S. Law On It Security, Lukas Feiler
Lukas Feiler
It used to be that owners of personal computers typically had full and exclusive authorization to use their computers. This was primarily due to the open architecture introduced with the IBM Personal Computer in the 1980s and proliferated in the 1990s. Recent developments bear evidence of an increasing disconnection between the concept of ownership and that of authorization to use a personal computer (including mobile devices such as notebooks, sub-notebooks, cell phones, smartphones, and PDAs): interference with the closed architecture employed by Apple’s iPhone is claimed to constitute a violation under 17 U.S.C. § 1201; the EULA for Windows 7 …
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet
A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet
Articles
In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).
ARMT is both …
A New Argument For Fair Use Under The Digital Millennium Copyright Act, Brandon Grzandziel
A New Argument For Fair Use Under The Digital Millennium Copyright Act, Brandon Grzandziel
University of Miami Business Law Review
No abstract provided.
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Lowering The Stakes: Toward A Model Of Effective Copyright Dispute Resolution, Anthony Ciolli
Lowering The Stakes: Toward A Model Of Effective Copyright Dispute Resolution, Anthony Ciolli
West Virginia Law Review
No abstract provided.
Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The General Public License Version 3.0: Making Or Breaking The Foss Movement, Clark D. Asay
The General Public License Version 3.0: Making Or Breaking The Foss Movement, Clark D. Asay
Michigan Telecommunications & Technology Law Review
Free and open source software (FOSS) is a big deal. FOSS has become an undeniably important element for businesses and the global economy in general, as companies increasingly use it internally and attempt to monetize it. Governments have even gotten into the act, as a recent study notes that FOSS plays a critical role in the US Department of Defense's systems. Others have pushed for the adoption of FOSS to help third-world countries develop. Given many of its technological and developmental advantages, FOSS's use, adoption, and development are only projected to grow.[...] The FSF created the most popular version of …
Fair Circumvention, Timothy K. Armstrong
Fair Circumvention, Timothy K. Armstrong
Faculty Articles and Other Publications
Judicial decisions construing the key liability provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. - 1201, cluster around two incompatible poles. One set of decisions construes the DMCA's liability provisions broadly, emphasizing the need to prevent possible copyright infringement and limit the public availability of tools that may be used to infringe. Other cases construe the same language narrowly, stressing the avoidance of anticompetitive market distortions. Both sets of decisions insist that their interpretation is commanded by the literal text of the DMCA. A closer look, however, reveals that both sides have overstated the support they may plausibly …
The Ipod Tax: Why The Digital Copyright System Of American Law Professors' Dreams Failed In Japan, Salil K. Mehra
The Ipod Tax: Why The Digital Copyright System Of American Law Professors' Dreams Failed In Japan, Salil K. Mehra
University of Colorado Law Review
A number of prominent American law professors have endorsed the notion of a tax on digital recording and music file-sharing-call it an "iPod tax"--with the proceeds to be paid into a general fund. A clearinghouse representing rights-holders would monitor which works were downloaded and how often and then divvy up the iPod tax revenues to the individual rights-holders. Japan has run a very similar system since the early days of digital recording in 1993. This Article focuses on how Japanese experts decided that regulatory failures merited killing an extension of their existing system, including a proposed iPod tax. In particular, …
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.