Intellectual Property Law Commons^™

Circumventing Access Controls Under The Digital Millennium Copyright Act: Analyzing The Securom Debate, David Fry

Duke Law & Technology Review

Despite using one of the most sophisticated digital rights management systems currently available, the video game Spore was illegally downloaded approximately 1.7 million times between September and December of 2008, making it the most widely pirated game of 2008 by more than half a million downloads. This iBrief addresses several legal arguments that have been raised against a digital rights management system called "SecuROM," which is widely used by video game companies like Electronic Arts, the publisher of Spore. First, the iBrief discusses the comparisons that have been drawn between SecuROM and the controversial digital rights management technologies previously employed …

Allocating Intellectual Property Rights Between Parties, Ashlyn J. Lembree

Law Faculty Scholarship

No abstract provided.

The God Paradox, Joshua A.T. Fairfield

Scholarly Articles

Not available.

The New Black: Trademark Protection For Color Marks In The Fashion Industry, Sunila Sreepada

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Cross-Licensing And Injunctions -- The Interplay Between Big Business, Small Business, And Non-Practicing Inventors, Katherine Strandburg, Lisa M. Ferri, John M. Griem, Jonathan Putnam

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trade Secrets, Data Security And Employees, Elizabeth Rowe

Chicago-Kent Law Review

This essay argues that data security is important to the protection of trade secret information, and that trusted employees on the inside pose the biggest threat to the protection of trade secrets. While investments in technical measures such as firewalls and encryption are important, it is also necessary for companies to consider the internal threats from employees when creating corporate security programs. Ultimately, a more comprehensive approach that includes technical and human elements, as well as consideration of inside and outside threats is likely to be more effective in the battle to secure data.

Patenting Cryptographic Technology, Greg Vetter

Chicago-Kent Law Review

The policy concerns intersecting patent law and cryptographic technology relate to the technology's beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent …

The Political Economy Of Data Protection, Peter K. Yu

Chicago-Kent Law Review

Information is the lifeblood of a knowledge-based economy. The control of data and the ability to translate them into meaningful information is indispensable to businesspeople, policymakers, scientists, engineers, researchers, students, and consumers. Having useful, and at times exclusive, information improves productivity, advances education and training, and helps create a more informed citizenry. In the past two decades, those who collected or obtained access to a large amount of data began to explore ways to use the collected data as an income stream. Because the then-existing laws did not offer adequate protection for that particular purpose, they actively lobbied for stronger …

Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti

Chicago-Kent Law Review

Recently the United States Court of Appeals for the Federal Circuit dramatically change the rules for proving willful patent infringement—and justifying enhanced damages—in In re Seagate Technology. A patentee alleging willful infringement must now first prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." He must then show that the objectively defined risk was "either known or so obvious that it should have been known to the accused infringer." The court expressly delegated substantive development of the new test to future cases. Because district …

Coding Privacy, Lilian Edwards

Chicago-Kent Law Review

Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …

Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder

Chicago-Kent Law Review

Peer-to-peer networks are often used to infringe copyrights, but they also serve some legitimate purposes consistent with copyright law. In attempting to find a satisfactor solution, this note develops and analyzes two models that future peer-to-peer networks could employ to attempt to avoid liability for copyright infringement. The note then analyzes the law, applies the two models to the relevant legal tests, and analyzes whether a peer-to-peer network operating on each model could avoid liability for copyright infringement. It concludes that modifying their technological structure may help peer-to-peer networks avoid liability, but that some risks remain.

The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Reconciling The Patent Exhaustion And Conditional Sale Doctrines In Light Of Quanta Computer V. Lg Electronics, Erin Julia Daida Austin

Cardozo Law Review

No abstract provided.

Panel Ii: The Attacks Upon Statutory Damages And The "Making Available" Right--The Possible After-Effects On Big And Small Business Litigation Strategies, David Opderbeck, Hugh C. Hansen, Sherwin `. Siy, Donald B. Verrilli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Guerrilla Video: Potential Copyright Liability For Websites That Index Links To Unauthorized Streaming Content, Jason J. Lunardi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem

Cardozo Law Review

No abstract provided.

Vol. Vi, Tab 38 - Ex. 25 - Email From Christopher Klipple, Christopher Klipple

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?

In The Matter Of Exemption To Prohibition On Circumvention Of Copyright Protection Systems For Access Control Technologies: Hearing Before The U.S. Copyright Office, Library Of Cong., May 6, 2009 (Statement Of Roger V. Skalbeck, Geo. U. L. Library, On Behalf Of The American Association Of Law Libraries, The Medical Library Association And The Special Libraries Association), Roger Skalbeck

Testimony Before Congress

The American Association of Law Libraries, the Medical Library Association, and the Special Libraries Association submit the following comments on exemptions that should be granted pursuant to 17 U.S.C. § 1201 (a)(1)(C).

Our request for an exemption is specifically aimed at literary and audiovisual works, usually commercially-produced, lawfully-acquired DVDs, when circumvention is used to make compilations of brief portions of the works for educational use by faculty members in a classroom setting.

Specifically, we request that the exemption granted to faculty in media and film studies programs after the 2006 rulemaking proceeding be broadened to faculty of law and the …

Vol. Ix, Tab 41 - Ex. 17 - Email From Baris Gultekin (Google Product Manager Director), Baris Gultekin

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?

Vol. Xx, Tab 57 - Ex. 14 - Document Minutes Of A Regular Meeting Of The Disclosure Committee Of Google, Google

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?

Life, Liberty, And The Pursuit Of Luxury: Ebay's Liability For Contributory Trademark Infringement In The United States, Germany, And France, Sofia H. Ahmed

Brigham Young University International Law & Management Review

No abstract provided.

Wielding The Double-Eded Sword: Creating The Perception Of A Chinese Enterprise To Obtain And Enforce Patent Protection In China, David A. Fazzolare

Brigham Young University International Law & Management Review

No abstract provided.

The Federal Circuit's Licensing Law Jurisprudence: Its Nature And Influence, Robert W. Gomulkiewicz

Washington Law Review

The Federal Circuit serves as the central appellate court for U.S. patent law appeals. Outside of patent law, scholars have noted the Federal Circuit’s distinct lack of influence on the law. Thus, unnoticed, the Federal Circuit has become one of the most influential actors in the creation of intellectual property licensing law. Its influence reaches across all areas of intellectual property, industries, and all federal circuits and state courts. But the Federal Circuit’s influence on licensing law is more than just a matter of academic interest: licensing is critical to innovation in the information economy. Licenses underlie the creation and …

Equalizing The Playing Field: The Time Has Come For Secondary Meaning In The Making In Small Restaurant Trade Dress Infringement Cases, John Pesek

Journal of Food Law & Policy

Imagine it is opening day for your first restaurant. It has taken months, if not years, to get to this point and you have spent a lot of money in developing the menu, artist style, and feel for the restaurant. A few months after the opening of your restaurant, a competing restaurant, right down the block from your restaurant, opens its doors; its menu and overall look are virtually indistinguishable from your restaurant. You are left wondering what remedies, if any, you have as a small restaurant owner. This was the case for Chef Rebecca Charles and her Pearl Oyster …

Information May Want To Be Free, But Information Products Do Not: Protecting And Facilitating Transactions In Information Products, Kristen Osenga

Cardozo Law Review

Information products - products that are used to organize, provide context, and distribute information - have gone largely unprotected by intellectual property regimes. As a result, producers of information products, such as databases and software, have resorted to alternative mechanisms to protect their investments. These mechanisms have resulted in both over-protection and under-protection of the information products. Further, the uncertainty in the boundaries of coverage, coupled with the resort to self-help mechanisms, may well inhibit, rather than facilitate, information flow. What is needed is a sui generis protection scheme for information products that clearly defines the boundaries and protection requirements …

Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner

Cardozo Law Review

No abstract provided.

Patent Reform Act Of 2009: Hearing Before The H. Comm. On The Judiciary, 111th Cong., April 30, 2009 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

Two types of patent damages reforms have been proposed before the 111th Congress. One would effectively reinforce the existing ability of accused infringers to challenge expert testimony as failing to meet prevailing standards of relevancy and reliability.The other would clarify current standards for patent damages law. In my opinion, both sorts of reforms would potentially play signficant roles in bringing greater predictability to patent damages law, and both deserve further consideration.

Spore, Drm, And Pirates: Ucita And Market Realities, Charles Yeh

Duke Law & Technology Review

The Uniform Computer Information Transactions Act (UCITA) attempts to regulate a nonexistent market failure. Regulators must understand the two market relationships in the software industry, the producer-consumer relationship and the producer-thief relationship, before they can draft effective regulation. Drafting regulations that affect both relationships can lead to market disruptions at best and market failure at worst. An analysis of the two relationships reveals that there has not been a market failure that needs regulating; rather, there is a lag in technology that prohibits proper demarcation between the two market relationships. Regulators should wait for technology to advance before adopting any …