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What's A Name Worth?: Experimental Tests Of The Value Of Attribution In Intellectual Property, Christopher J. Buccafusco, Christopher Jon Sprigman, Zachary C. Burns 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 , Katherine B. Marik 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, Stephanie L. Varela 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, Larry Dougherty 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, Samuel J. Horovitz 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, Alexis N. Stevens 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, Joan Elise Jackson 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, Jorge L. Contreras 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, James V. Lacy, Bradford C. Brown, Michael R. Rubin 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 2012 American University

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, Tammi A. Gauthier 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, J. Miles Hanisee 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, Peter J. G. Toren 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?, Kimberly A. Pace 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], Colleen Chien 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, Sean B. Karunaratne 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, John Tehranian 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, Justin Hughes 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, Carrie Sager 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, Alison Keeley 2012 American University Washington College of Law

First Sale Doctrine - Kirtsaeng V. John Wiley & Sons, Alison Keeley

Intellectual Property Brief

No abstract provided.


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