Intellectual Property Law Commons^™

Journals' Policies On Compliance With The Nih Public Access Policy, Carolina Population Center, Unc

Copyright, Fair Use, Scholarly Communication, etc.

This resource provides information about select journals' policies related to the NIH Public Access Policy. Many of these journals are based in the social sciences and publish population research articles. Authors who publish in a journal listed below can quickly determine whether the publisher has a policy, who must submit the manuscript and which version to submit to PubMed Central, as well as the embargo period. Journal titles were gathered from the ISI Journals Citation Reports in the subject categories of Demography, Sociology, Economics, and Gerontology. Additional titles were supplied by members of the Association for Population/Family Planning Libraries and …

Vol. Vi, Tab 38 - Ex. 26 - Email From Jason Calhoun, Jason Calhoun

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Circumventing Authority: Loopholes In The Dmca’S Access Controls, Adam L. Rucker

Duke Law & Technology Review

In a world where digital pirates freely roam the internet, seemingly plundering at will, the providers of digital content must find a way to protect their valuable assets. Digital fences afford that protection--but not very well. Fortunately (for content owners), 17 U.S.C. §1201, passed as part of the Digital Millennium Copyright Act of 1998, was designed to fill the numerous gaps in those fences by forbidding activities designed to circumvent them. In its present state, however, §1201 does not adequately serve that purpose. Substantial flaws in the language of the statute render it virtually powerless to thwart piracy. If §1201 …

The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon

William & Mary Bill of Rights Journal

No abstract provided.

Individual Liberties And Intellectual Property Protection—Proprietary Software In Digital Electronic Voting Machines: The Clash Between A Private Right And A Public Good In An Oligopolistic Market. , Brenda Reddix-Smalls

Fordham Intellectual Property, Media and Entertainment Law Journal

The convergence of intellectual property protections afforded software, the fundamental liberty interests of voting rights of Americans and the conduct of voting machine vendors within an oligopolistic marketplace signals grave consequences for the public. In an election, Direct Recording Electronic voting machines (“DREs”) could be subject to malfunctions, inaccuracies and security problems. The DRE vendors have consistently failed to improve the voting machines or allow access for independent auditing and security testing. The vendors have operated collectively to maintain current inefficient output quality. Acting in concert to obtain higher pricing, the vendors operate against their individual self-interests, claiming proprietary protections. …

Four Reasons To Enact A Federal Trade Secrets Act. , David S. Almeling

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Riaa, The Dmca, And The Forgotten Few Webcasters: A Call For Change In Digital Copyright Royalties, Kellen Myers

Federal Communications Law Journal

Emerging webcasting technology is playing an increasing role in modem society. The ease of use of webcast technology has brought about an increased user base as well as an increased viability for small webcasting businesses. However, the mix-tape genre of independent Internet radio has been financially and legislatively abused as a forerunner of rapidly advancing digital technology and concerns over protecting copyright royalties. This Note argues for a revision of the DMCA to provide a middle ground between protecting copyrighted works and allowing the continued existence of Internet radio.

Protecting Trade Secrets And Confidential Information In Georgia, C. Geoffrey Weirich, Daniel P. Hart

Mercer Law Review

To corporate and employment lawyers, it is a familiar conversation.

"I need your advice," says the General Counsel of one of your clients. "About a year ago we hired a new VP of R&D to oversee the development of a new product that we plan to launch next quarter. Unfortunately, just last week he gave us notice of his resignation, effective immediately. During his exit interview, he told our VP of HR that he plans to pursue some 'consulting' work. He was pretty vague about it, but I've since heard through the grapevine that he's planning to work as a …

For Promotional Use Only: Is The Resale Of A Promotional Cd Protected By The First Sale Doctrine?, Keith Harris

Cardozo Law Review

No abstract provided.

Patent Claim Construction: It's Not A Pure Matter Of Law, So Why Isn't The Federal Circuit Giving The District Courts The Deference They Deserve?, Lauren Maida

Cardozo Law Review

No abstract provided.

“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau

Fordham Intellectual Property, Media and Entertainment Law Journal

This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the fifty-year term to a ninety-five-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of the …

Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Harmonizing The Exclusionary Rights Of Patents With Compulsory Licensing, Troy L. Gwartney

William & Mary Law Review

No abstract provided.

Regime Shifting In The International Intellectual Property System, Laurence R. Helfer

Faculty Scholarship

The international intellectual property system provides an important illustration of how regime complexity shapes domestic and international strategies of states and non-state actors. This article describes and graphically illustrates the multifaceted nature of the international intellectual property system. It then analyzes the consequences of regime complexity for international and domestic politics, emphasizing the strategy of regime shifting and its consequences for chessboard politics and the domestic implementation of international rules.

Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke

Cornell Law Faculty Working Papers

Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding the suitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual …

Intellectual Property Rights: The View From Competition Policy, Shubha Ghosh

NULR Online

No abstract provided.

Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien

Faculty Publications

While each patent dispute is unique, most fit the profile of one of a limited number of patent litigation stories. A dispute between an independent inventor and a large company, for instance, is often cast in "David v. Goliath" terms. When two large companies fight over patents, in contrast, they are said to be playing the "sport of kings." Some corporations engage in "defensive patenting" in order to deter others from suing them. Patent licensing and enforcement entities who sue have been labeled "trolls." Finally, observers of the patent system call the use of patent litigation to impose or exploit …

Green Technology In Developing Countries: Creating Accessibility Through A Global Exchange Forum, Michael Hasper

Duke Law & Technology Review

As they pursue economic development, developing countries possess high demand for processes and technologies that have climate-friendly methods or alternatives. However, these nations currently face barriers to entry because of trade policies and intellectual property regulations that render procurement of these technologies cost-prohibitive. In light of the recent breakdown in negotiations at the United Nations climate conference in Bali to remove tariffs on green technology, a new approach to green technology diffusion should be considered in order to balance the demand among developing nations for fluid technology transfers with the profit-driven needs and intellectual property considerations of technology holders. A …

What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton

UC Law SF Communications and Entertainment Journal

For years, the same governmental interests have been presented to justify prohibitions on same-sex marriage. Supporters of the ban argue that marriage promotes procreation and child-rearing, neither of which can supposedly be done within the confines of a same-sex relationship. This note suggests the movie I Now Pronounce You Chuck & Larry illustrates that in practice, these justifications have become antiquated. Instead of defining marriage as two individuals in a committed relationship, courts tend to inject social mores into their decisions regarding the legality of same-sex marriage.

C.B.C. Distribution And Marketing, Inc. V. Major League Baseball Advanced Media, L.P.: The First Amendment Versus The Right Of Publicity In The Eighth Circuit, Surina Mann

UC Law SF Communications and Entertainment Journal

This note examines the friction between the First Amendment and the right of publicity by examining the case of C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., a case regarding fantasy league baseball. This note begins by discussing the legacy of the right of publicity, the policy goals that the right of publicity was devised to further, and several different tests that courts have designed to balance the right of publicity with the rights guaranteed by the First Amendment. This note then goes on to illustrate the background of fantasy league baseball and critique the C.B.C. …

The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission regularly promotes the competitiveness of the American broadband market and the availability of robust services to consumers. Since 2000, the Commission has reported on broadband deployment by zip code, and by late 2006 broadband was supposedly available in 99% of American zip codes, with those zip codes representing 99% of the population. However, the viability of the FCC's zip code-based measurement methodology has long been a matter of controversy, because until recently broadband was counted as "available" in a zip code even if as few as one household in the area has obtained service. This paper …

How Hands-On Will Regulation Of Hands-Free Be - An Analysis Of Sb 1613 And The Effectiveness Of Its Proposed Regulation, Jessica Croze

UC Law SF Communications and Entertainment Journal

In order to prepare for the consequences of this new law, it will be extremely valuable to understand how "hands-free laws" are regulated in other states. Comparing California's new regulations to these existing laws and recognizing the history behind its inaction are crucial. An analysis of these previous attempts to regulate cell phone use while driving will ease the adoption of this new legislation in California. Since California's legislation, Bill 1613, regarding the ban on hand-held cellular devices while driving, was enacted the resulting public effect may have failed to fulfill the intention of the law.

The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer

UC Law SF Communications and Entertainment Journal

Would a federal shield law hamper the U.S. Department of Justice's power to combat terrorism and other crimes? Would the law protect the media from the chilling effects of federal subpoenas? Or would the law unwisely grant the already powerful media legal rights denied to other citizens? And who should have the power to decide whether to allow the media to refuse to comply with federal subpoenas? These and similar questions about how power should be distributed among branches of the federal government and the media were at the center of the Congressional hearings and debate on the proposed federal …

Is Free Riding Aided By Parody To Sneak Between The Cracks Of The Trademark Dilution Revision Act, Corina I. Cacovean

UC Law SF Communications and Entertainment Journal

Dilution as a form of intrusion on a trademark has been the object of intense consumer and competition discourses in United States. From the United States Supreme Court decision in Moseley v. VSecret Catalogue, in 2003, to the Fourth Circuit's decision in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, in 2006, the concept of dilution has become more sophisticated and its intersection with unfair competition and First Amendment law is far from being settled. This note is an attempt to answer the questions of whether the courts, by broadly interpreting the TDRA as being designed to protect freedom …

Intellectual Property Infringement: The Question Of Advertising Injury, Hilary Ditch

UC Law SF Communications and Entertainment Journal

Over the past several decades, business entities have increasingly relied on Commercial General Liability insurance for coverage and protection against the significant costs of defending against intellectual property lawsuits. However, despite this increased usage, the coverage provided for intellectual property infringement claims by Commercial General Liability insurance policies remains uncertain and indeterminate. This frustrating conclusion, reached by numerous courts, legal scholars and insurance practitioners, captures the current state of the law as it applies to coverage for intellectual property infringement claims. Consequently, many business entities seeking to apply their insurance policies to defend against intellectual property claims may face uncertainty …

Targeting Bad Behavior: Why Federal Regulators Must Treat Online Behavioral Marketing As Spyware, Heather Ng Osborn

UC Law SF Communications and Entertainment Journal

The FTC has sanctioned more than a dozen companies during the past two years for privacy violations involving the improper installation of spyware software on personal computers. The spyware software allowed companies to watch and control consumers' online activities, either without the consumer's knowledge or with the consumer's knowledge but without reasonable means for the consumer to stop it. The practice of online targeted advertising raises similar privacy issues as the use of spyware software because it also involves behind-the-scenes tracking, which most consumers never notice. Online targeted advertising allows marketing companies to engage in the same behavior as companies …

Trademark Battles In A Barbie-Cyber World: Trademark Protection Of Website Domain Names And The Anticybersquatting Consumer Protection Act, Kiran Nasir Gore

UC Law SF Communications and Entertainment Journal

Mattel's Barbie doll is more than just a trademarked toy produced for child consumption-Barbie has entered public discourse and taken on a life of her own as a cultural phenomenon. The Ninth Circuit Court of Appeals has referred to Mattel's Barbie doll as "possibly the most famous toy in history." With this popularity, also comes unwanted attention. She has become an American icon and taken on additional meanings and status at a societal level; attracting the attention of artists, writers, academics, and commentators in a way that is beyond the scope of Mattel's trademark property rights. The tension between Mattel's …