Intellectual Property Law Commons^™

The New Canon: Using Or Misusing Foreign Law To Decide Domestic Intellectual Property Claims , Edward S. Lee

The Ohio State University Moritz College of Law Working Paper Series

This Article provides the first in-depth analysis of the use of foreign authorities to resolve issues related to domestic statutes, particularly focusing on intellectual property (IP) statutes. The study of IP statutes provides a fertile area of research because of the increased pressures for international protection of IP. The Article criticizes the current approach U.S. courts have taken to using foreign authorities in this area, which can best be described as ad hoc. The Article then sets forth a framework by which U.S. courts can decide, more systematically, when to rely on foreign authorities in IP cases. The Article fills …

Why Intellectual Property Belongs In The First-Year Property Course, Roberta Rosenthal Kwall

Journal of Legal Education

No abstract provided.

Copyright Law And Digital Millennium Copyright Act, Neda Ballard Panula

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Switzerland's Patent Law History , Dominique S. Ritter

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The System Of Syllogism, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

The article argues that the forms of judgment are central to objective thought and knowledge, critiquing Kant for failing to account for their diversity and proposing a systematic approach to understanding judgment starting from the concept itself. It explores Hegel's differentiation of judgment forms through self-development, emphasizing the necessity of understanding universals and their interrelations.

An Introduction To Lessigian Thought, Russ Taylor

Federal Communications Law Journal

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.

A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich

Articles

Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.

Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka

William & Mary Law Review

Copyright, it is commonly said, matters in society because it encourages the production of socially beneficial, culturally significant expressive content. Our focus on copyright's recent history, however, blinds us to the social information practices that have always existed. In this Article, we examine these social information practices, and query copyright's role within them. We posit a functional model of what is necessary for creative content to move from creator to user. These are the functions dealing with the creation, selection, production, dissemination, promotion, sale, and use of expressive content. We demonstrate how centralized commercial control of information content has been …

The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt

Cardozo Public Law, Policy & Ethics Journal

The note explores the legal implications of cybergripping under the Lanham Act, emphasizing the need to balance trademark protection with free speech. It critiques the inconsistent application of the commercial-noncommercial distinction in determining the legality of unauthorized trademark use and advocates for adopting the Central Hudson test to reconcile these competing interests.

Thinking Outside The Pandora's Box: Why The Dmca Is Unconstitutional Under Article I §8 Of The U.S. Constitution, Joshua L. Schwartz

ExpressO

No abstract provided.

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Amicus Briefs & Court Filings

Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.

Copyright's Communications Policy, Timothy Wu

Michigan Law Review

There is something for everyone to dislike about early twenty-first century copyright. Owners of content say that newer and better technologies have made it too easy to be a pirate. Easy copying, they say, threatens the basic incentive to create new works; new rights and remedies are needed to restore the balance. Academic critics instead complain that a growing copyright gives content owners dangerous levels of control over expressive works. In one version of this argument, this growth threatens the creativity and progress that copyright is supposed to foster; in another, it represents an "enclosure movement" that threatens basic freedoms …

Re-Reifying Data, James Gibson

Law Faculty Publications

There's a war on between those who view digital technology as a reason to expand intellectual property law and those who oppose this expansion. One front in the war is technological: the pro-expansionists enclose their products in restrictive code, which the anti-expansionists circumvent and hack. A second is legislative: the pro-expansionists seek extended copyright duration, favorable changes to contract law, and other new legal entitlements, while the anti-expansionists lobby for the opposite. And a third front is a combination of the first two: it is technological. On this battlefield, the pro-expansionists use the law to fortify their technological protections. But …

Hyperownership In A Time Of Biotechnological Promise: The International Conflict To Control The Building Blocks Of Life, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

This article addresses the corrosive interplay between the patent-based and the sovereign- based systems of ownership of genetic material. In patent-based systems, genetic material is increasingly “owned” by corporations or research institutions which obtain patents over such material. In sovereign-based systems, the national government owns or extensively controls such material. As more patents issue for synthesized genes in developed countries through the patent system, more raw genetic material is legally enclosed by the governments of developing nations, which house most of the world’s wild or raw genetic material. This interactive spiral of increased enclosure results in the sub-optimal utilization, conservation …

Better, Faster, Cheaper - Later: What Happens When Technologies Are Suppressed, Kurt M. Saunders, Linda Levine

Michigan Telecommunications & Technology Law Review

Some inventions never see the light of day. Others enter the spotlight after long delays and the factors that slowed the arrival of that innovation are ignored. Technology suppression is a real occurrence involving well known and widely used products. In this Article, we examine the topic of technology suppression, seeking to reveal the tactics of suppression and the patterns and conditions under which it occurs. Current examples of US technologies are used to highlight the significance of this phenomenon. We consider related factors, including market and innovation forces, and we identify suppressive tactics, using illustrative cases where patent nonuse …

Speaking With A Forked Tongue In The Global Debate On Traditional Knowledge And Genetic Resources: Is U.S. Intellectual Property Law And Policy Really Aimed At Meaningful Protection For Native American Cultures?, Nancy Kremers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Experimental Purpose Doctrine And Biomedical Research, Tao Huang

Michigan Telecommunications & Technology Law Review

The experimental use doctrine is a common law rule in patent law that until a few years ago excused accused infringers who made and used patented products or processes on the basis of an experimental, educational, or nonprofit purpose when there was de minimis economic injury to the patent owner and de minimis economic gain to the infringer. While the application of the experimental purpose doctrine was always narrow, two recent Federal Circuit decisions indicate that there is not much left under its aegis. In Madey v. Duke University, the Federal Circuit strictly limited the application of the experimental purpose …

Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola

Michigan Telecommunications & Technology Law Review

Section 1201(a)(1) of the Copyright Act prohibits the act of "circumvent[ing] a technological measure that effectively controls access to a work," including, for example, by-passing password protection or encryption intended to restrict access to paying customers. Section 1201(a)(2) prohibits the manufacture or sale of "any technology, product, service, device, component, or part thereof" primarily designed for the purpose of circumventing access controls on copyrighted works. Additionally, § 1202(b) prohibits the manufacture or sale of products, devices or services primarily designed to circumvent "a technological measure that effectively protects a right of a copyright owner"--for example, a technological measure intended to …

Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa

Dalhousie Law Journal

The Bluenose Schooner forms part of the folk history of Nova Scotia, and is a Canadian icon. Popular assumptions that Its name and image formed part of the public domain were put to the test in 2003 when the Bluenose II Preservation Trust Society brought suit against a Halifax business for Infringement of its official marks, trademarks and copyrights relating to the ship and its name. The litigation garnered local and national media attention, and the provincial government soon became involved in the dispute In this article, the author provides some background to the dispute before moving on to consider …

The Voice Of China: A Story Of Chinese-Character Domain Names, Hong Xue

Cardozo Journal of International and Comparative Law

The article examines China's efforts to manage and regulate domain names, particularly Chinese character domain names, both domestically and internationally. It highlights the evolution of China's regulatory framework, from academic management to governmental oversight, and its active participation in international policymaking through organizations like ICANN. The core argument revolves around the technical, policy, and sovereignty challenges China faces in integrating its domain name system into the global Internet infrastructure while maintaining national control and promoting inclusivity.