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Objections To The Proposed Access Copyright Post-Secondary Tariff And Its Progeny Licenses: A Working Paper, Samuel Trosow, Scott Armstrong, Brent Harasym 2012 The University of Western Ontario

Objections To The Proposed Access Copyright Post-Secondary Tariff And Its Progeny Licenses: A Working Paper, Samuel Trosow, Scott Armstrong, Brent Harasym

FIMS Publications

On March 31, 2010, Access Copyright applied to the Copyright Board to certify a tariff that would govern the relationship between the organization and the members of the Association of Universities and Colleges of Canada (AUCC) and the Association of Community Colleges of Canada (ACCC). Previously, the relationship had been governed by a series of license agreements between the organizations which had been periodically renewed. But Access Copyright chose not to seek renewal of the licenses, and applied to the Board to certify a general tariff that would cover all post-secondary institutions for the period of 2011 through 2013.

Access …


The Unpredictability Of Patent Litigation Damage Awards: Causes And Comparative Notes, Axel Schmitt-Nilson 2012 American University Washington College of Law

The Unpredictability Of Patent Litigation Damage Awards: Causes And Comparative Notes, Axel Schmitt-Nilson

Intellectual Property Brief

No abstract provided.


The Graduated Response: Digital Guillotine Or A Reasonable Plan For Combating Online Piracy?, Danielle Serbin 2012 American University Washington College of Law

The Graduated Response: Digital Guillotine Or A Reasonable Plan For Combating Online Piracy?, Danielle Serbin

Intellectual Property Brief

No abstract provided.


A Look At The Supreme Court Justices’ Individual Biases Toward Copyright Law: Prediction And Reflection On The Golan V. Holder Decision, Elizabeth F. Jackson 2012 American University Washington College of Law

A Look At The Supreme Court Justices’ Individual Biases Toward Copyright Law: Prediction And Reflection On The Golan V. Holder Decision, Elizabeth F. Jackson

Intellectual Property Brief

No abstract provided.


When Patent Offices Become Captain Planet: Green Technology And Accelerated Patent Examination Programs In The United States And Abroad, Amanda Patton 2012 American University Washington College of Law

When Patent Offices Become Captain Planet: Green Technology And Accelerated Patent Examination Programs In The United States And Abroad, Amanda Patton

Intellectual Property Brief

No abstract provided.


Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener 2012 American University Washington College of Law

Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener

Intellectual Property Brief

No abstract provided.


Beta-Testing The “Particular Machine”: The Machine-Or-Transformation Test In Peril And Its Impact On Cloud Computing, Richard M. Lee 2012 Duke Law

Beta-Testing The “Particular Machine”: The Machine-Or-Transformation Test In Peril And Its Impact On Cloud Computing, Richard M. Lee

Duke Law & Technology Review

This Issue Brief examines recent cases addressing the patent eligibility of computer-implemented method claims and their implications for the development of cloud computing technologies. Despite the Supreme Court’s refusal to endorse the machine-or-transformation test as the exclusive patent eligibility inquiry, lower courts have continued to invalidate method claims using a stringent “particular machine” requirement alongside the requisite abstract ideas analysis. This Issue Brief argues that 1) post-Bilski v. Kappos cases have failed to elucidate what constitutes a particular machine for computer-implemented methods; 2) in light of substantial variance among Federal Circuit judges’ Section 101 jurisprudence, the application of the particular …


Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun 2012 Indiana University Maurer School of Law

Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun

Maurer Theses and Dissertations

No abstract provided.


Laughing Out Loud: Art, Culture, And Fantasy, Henrietta L. Moore 2012 University of Cambridge

Laughing Out Loud: Art, Culture, And Fantasy, Henrietta L. Moore

Cardozo Law Review

What makes art valuable? Why in times of crisis do people buy contemporary art? This Paper discusses whether or not investment in art can ever be seen as rational, and explores how the contemporary art market is expanding to include not just works of art, but art as a form of cultural practice. Audiences are no longer content simply to visit museums, galleries, and other cultural institutions. They want to participate, but why are art fairs, biennials, and museum events so popular? The contemporary art market has always been segmented, and reputation and display have been important motivators for rich …


Brand Counterfeiting: Mass Fetishism?, Geneviève Morel 2012 Yeshiva University, Cardozo School of Law

Brand Counterfeiting: Mass Fetishism?, Geneviève Morel

Cardozo Law Review

No abstract provided.


Moderating Mayo, Bernard Chao 2012 Northwestern Pritzker School of Law

Moderating Mayo, Bernard Chao

NULR Online

No abstract provided.


Cross-Border Ip Infringement: Patents, Marketa Trimble 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Cross-Border Ip Infringement: Patents, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the CASRIP 20th Anniversary / IP LLM 10th Anniversary IP-across Topic Scholarship Conference on July 28, 2012.


If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison 2012 Touro University Jacob D. Fuchsberg Law Center

If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison

Touro Law Review

No abstract provided.


Buying A Digital Download? You May Not Own The Copy You Purchase, Jennifer Lahm 2012 Touro University Jacob D. Fuchsberg Law Center

Buying A Digital Download? You May Not Own The Copy You Purchase, Jennifer Lahm

Touro Law Review

No abstract provided.


Strict Interpretation Of 35 U.S.C. § 112: Requires Universities To Examine Their Patenting Methods, Sharon Barkume, Michael R. Bielski 2012 Touro University Jacob D. Fuchsberg Law Center

Strict Interpretation Of 35 U.S.C. § 112: Requires Universities To Examine Their Patenting Methods, Sharon Barkume, Michael R. Bielski

Touro Law Review

No abstract provided.


Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman 2012 Touro University Jacob D. Fuchsberg Law Center

Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman

Touro Law Review

No abstract provided.


“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez 2012 Microsoft

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.


National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. McAllen 2012 Eastern Michigan University

National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen

Master's Theses and Doctoral Dissertations

Recent studies indicate that the United States is trailing other countries in technological innovation and competitiveness. This case study examined national security policy constraints on technological innovation, specifically the Invention Secrecy Act. It focused on the social constructs of collaboration and interdisciplinary knowledge in the aerospace industry. The methodology included historical research, data collection, and semi-structured interviews with experts from academia, general industry, government and public policy, aerospace/defense industry, and federal government. The results of the study suggested that since World War II, national security policies have not been clearly and consistently defined, interpreted, or implemented. This lack of clarity …


A Generation Of Software Patents, James N. Bessen 2012 Boston University School of Law

A Generation Of Software Patents, James N. Bessen

Faculty Scholarship

This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.


Intellectual Property, Laurence Colton 2012 Mercer University School of Law

Intellectual Property, Laurence Colton

Mercer Law Review

This Article surveys legal developments in the area of intellectual property relevant to the Eleventh Circuit during the 2011 calendar year. This year, the developments will be presented in a different manner. In recent years, national and state case law has been the primary driver of the developments. However, in 2011, the more interesting and more pertinent drivers have been statutory and practical in nature, both national and international, yet all equally pertinent to the practice of intellectual property law in the State of Georgia.

Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas …


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