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Articles 1 - 17 of 17
Full-Text Articles in Intellectual Property Law
Conceptualizing Copyright Enforcement And Management In The Digital Age Through Two Models: The Right-Holder-Centric Model And Cooperative Model, Yang Sun
Maurer Theses and Dissertations
This dissertation focuses on the issues of copyright enforcement and management. Especially, the research looks into how the digital technology reshapes the general perceptions and landscape of the copyright system in terms of online enforcement and management. Stepping into the digital age, the interaction between copyright holders and other parties, including online users and the ISPs, establishes two coexisting models—the right-holder-centric model and the cooperative model. Therefore, the dissertation analyzes which model is more appropriate and efficient with respect to online copyright enforcement and management.
As a matter of fact, the coexistences of two models provides copyright holders and other …
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
Indiana Law Journal
No abstract provided.
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
IP Theory
No abstract provided.
Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying
Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying
IP Theory
No abstract provided.
“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez
“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez
IP Theory
No abstract provided.
The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund
The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund
IP Theory
No abstract provided.
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
IP Theory
No abstract provided.
Vernor V. Autodesk: Power To The . . . Producers?, Elizabeth Hayes
Vernor V. Autodesk: Power To The . . . Producers?, Elizabeth Hayes
IP Theory
No abstract provided.
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
Articles by Maurer Faculty
The author of this article forecasts an increasingly troubled future, if not the demise of the doctrine of fair use in copyright law. Legal developments, both at home and abroad, driven by technological change, and the push toward the international harmonization of legal norms, threaten the very survival of fair use. Given these realities the doctrine will, of necessity, be reconceptualized Although fair use values will always be inscribed in copyright law, these values will have their practical manifestation in decentralized form, and effectuated, in large part, through industry agreement. They will exist in conjunction with certain bright line exceptions …
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Federal Communications Law Journal
Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …
Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed
Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed
Indiana Journal of Global Legal Studies
No abstract provided.
Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki
Indiana Journal of Global Legal Studies
No abstract provided.
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Indiana Law Journal
No abstract provided.
The Technological Transformation Of Copyright Law, Fred H. Cate
The Technological Transformation Of Copyright Law, Fred H. Cate
Articles by Maurer Faculty
Both statutory and case law clearly recognize the constitutional interest in promoting, not restricting, expression. Digital technologies, however, are rapidly changing the application of copyright law to prohibit access, protect ideas and facts, and dramatically expand the monopoly granted to copyright holders.
Whether on a disk or network, digital expression cannot be accessed without being copied into computer memory, as well as onto a hard drive, floppy disk, or magnetic tape if it is to be retained after the computer is switched off. This necessarily violates the exclusive right to reproduce that copyright law grants to copyright holders.
Moreover, to …
Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer
Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Copyright And Software Technology Infringement: Defining Third Party Development Rights, Raymond T. Nimmer, Patricia A. Krauthaus
Copyright And Software Technology Infringement: Defining Third Party Development Rights, Raymond T. Nimmer, Patricia A. Krauthaus
Indiana Law Journal
No abstract provided.
Copyright Protection For Computer Programs Under The 1976 Copyright Act, Louis Peter Pataki Jr.
Copyright Protection For Computer Programs Under The 1976 Copyright Act, Louis Peter Pataki Jr.
Indiana Law Journal
No abstract provided.