What's A Name Worth?: Experimental Tests Of The Value Of Attribution In Intellectual Property,
2012
IIT Chicago-Kent College of Law
What's A Name Worth?: Experimental Tests Of The Value Of Attribution In Intellectual Property, Christopher J. Buccafusco, Christopher Jon Sprigman, Zachary C. Burns
All Faculty Scholarship
Despite considerable research suggesting that creators value attribution – i.e., being named as the creator of a work – U.S. intellectual property (IP) law does not provide a right to attribution to the vast majority of creators. On the other side of the Atlantic, however, many European countries give creators, at least in their copyright laws, much stronger rights to attribution. At first blush it may seem that the U.S. has gotten it wrong, and the Europeans have made a better policy choice in providing to creators a right that they value. But for reasons we will explain in this …
Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine ,
2012
Pepperdine University
Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik
Pepperdine Law Review
No abstract provided.
Damned If You Do, Doomed If You Don't: Patenting Legal Methods And Its Effect On Lawyers' Professional Responsibilities,
2012
University of Florida Levin College of Law
Damned If You Do, Doomed If You Don't: Patenting Legal Methods And Its Effect On Lawyers' Professional Responsibilities, Stephanie L. Varela
Florida Law Review
This Note argues patent protection should not extend to legal methods because of the professional responsibilities lawyers owe to the profession and to clients. Part II explains why legal methods merit discussion today. To appreciate the effects legal method patents could have on the legal profession, Part II then presents an overview of pertinent patent law and explains how legal methods are likely eligible for patent protection. Part III raises the question whether legal methods should receive patent protection in light of social and economic considerations. Part IV addresses implications for a lawyer’s professional obligations if courts extend patent protection …
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global,
2012
University of Florida Levin College of Law
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global, Larry Dougherty
Florida Law Review
This Note suggests that while Calder jurisdiction fits well with some types of antitrust allegations, the Calder analogy weakens when charges of broad-based anticompetitive conduct collide with the long-arm statutes of particular states. The risk of forcing the analogy too far, of course, is a violation of due process. Part II of this Note reviews the facts and holding of Calder, and some of the key cases that followed it. Part III addresses the question of how the effects test might be different for antitrust complaints. Part IV reviews one type of anticompetitive conduct that seems to place particular …
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back,
2012
University of Florida Levin College of Law
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Florida Law Review
In a “cut-and-paste” Internet environment where plagiarism is easier than ever, academic institutions face the daunting challenges of promoting honesty and respect for the work of others and of ensuring the integrity of the learning and grading processes. Many academic institutions have accordingly turned to commercial plagiarism prevention and detection services, such as those provided by a company called Turnitin. Yet those institutions that use the Turnitin system may be fostering infringement of the intellectual property rights of their students. When Virginia’s McLean High School recently announced plans to use Turnitin, students balked and collected 1,190 student signatures on a …
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law,
2012
Pace University School of Law
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law, Alexis N. Stevens
Pace Law Review
No abstract provided.
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights,
2012
Solo Practice
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson
Pace Law Review
No abstract provided.
Standards, Patents, And The National Smart Grid,
2012
American University, Washington College of Law
Standards, Patents, And The National Smart Grid, Jorge L. Contreras
Pace Law Review
No abstract provided.
Technology Transfer Laws Governing Federally Funded Research And Development,
2012
Pepperdine University
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Pepperdine Law Review
No abstract provided.
Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan Stroud
Scholarly Articles in Law Reviews & Journals
Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement,
2012
Pepperdine University
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Pepperdine Law Review
No abstract provided.
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State,
2012
Pepperdine University
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
Pepperdine Law Review
No abstract provided.
The Prosecution Of Trade Secrets Thefts Under Federal Law,
2012
Pepperdine University
The Prosecution Of Trade Secrets Thefts Under Federal Law, Peter J. G. Toren
Pepperdine Law Review
No abstract provided.
The Washington Redskins Case And The Doctrine Of Disparagement: How Politically Correct Must A Trademark Be?,
2012
Pepperdine University
The Washington Redskins Case And The Doctrine Of Disparagement: How Politically Correct Must A Trademark Be?, Kimberly A. Pace
Pepperdine Law Review
No abstract provided.
The Patent Remedy Dynamic [Georgetown-Stanford Conference],
2012
Santa Clara University School of Law
The Patent Remedy Dynamic [Georgetown-Stanford Conference], Colleen Chien
Faculty Publications
Panel discussion on the NPEs, patent damages, including review of expert testimony, the effect of RAND and other policies on standard-setting cases at the ITC and in district courts, and other patent remedy issues.
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits,
2012
University of Michigan Law School
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne
Michigan Law Review
Today, the most popular peer-to-peer file-sharing medium is the BitTorrent protocol. While BitTorrent itself is not illegal, many of its users unlawfully distribute copyrighted works. Some copyright holders enforce their rights by suing numerous infringing BitTorrent users in a single mass lawsuit. Because the copyright holder initially knows the putative defendants only by their IP addresses, it identifies the defendants anonymously in the complaint as John Does. The copyright holder then seeks a federal court's permission to engage in early discovery for the purpose of learning the identities behind the IP addresses. Once the plaintiff knows the identities of the …
Towards A Critical Ip Theory: Copyright, Consecration, And Control,
2012
Brigham Young University Law School
Towards A Critical Ip Theory: Copyright, Consecration, And Control, John Tehranian
BYU Law Review
No abstract provided.
Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property,
2012
Benjamin N. Cardozo School of Law
Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property, Justin Hughes
Articles
Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.
Overdue North: Canada Finally Passes New Copyright Law,
2012
American University Washington College of Law
Overdue North: Canada Finally Passes New Copyright Law, Carrie Sager
Intellectual Property Brief
No abstract provided.
First Sale Doctrine - Kirtsaeng V. John Wiley & Sons,
2012
American University Washington College of Law
First Sale Doctrine - Kirtsaeng V. John Wiley & Sons, Alison Keeley
Intellectual Property Brief
No abstract provided.
