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Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes 2012 Case Western Reserve University School of Law

Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes

Journal of Law, Technology, & the Internet

No abstract provided.


Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague 2012 Case Western Reserve University School of Law

Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague

Journal of Law, Technology, & the Internet

No abstract provided.


Bearing Down On Trademark Bullies, Irina D. Manta 2012 Brooklyn Law School; Case Western Reserve University School of Law

Bearing Down On Trademark Bullies, Irina D. Manta

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …


Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado 2012 Fordham University School of Law

Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Salinger V. Colting, James Marshall Spector 2012 New York Law School

Salinger V. Colting, James Marshall Spector

NYLS Law Review

No abstract provided.


Gaylord V. United States, Jeffrey Lawhorn 2012 New York Law School

Gaylord V. United States, Jeffrey Lawhorn

NYLS Law Review

No abstract provided.


Bryant V. Media Right Productions, Inc., Molly Nehring 2012 New York Law School

Bryant V. Media Right Productions, Inc., Molly Nehring

NYLS Law Review

No abstract provided.


The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline 2012 Case Western Reserve University School of Law

The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline

Journal of Law, Technology, & the Internet

No abstract provided.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets 2012 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. As we enter the new year, we must remain mindful of the ever-growing role that technology plays in our daily lives. In that vein, the Journal believes it is our mission to promote a relevant and timely discussion on technology-related legal issues.


Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan 2012 University of Richmond

Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan

Richmond Journal of Law & Technology

The past two decades have witnessed breathtaking increases in computing power, as well as equally impressive strides in manufacturing efficiency and technological innovation. Powerful, cheap, and interconnected, modern personal computers, smart phones, and e-readers are rapidly sculpting a landscape of ubiquitous computing. From shopping online to streaming movies, from social networking to online dating, and from paying bills to reading digitized books, the average American now expects the convenient digitization of historically analogue practices and media. In the workplace, this trend has expressed itself through a strong push toward paperless practices. In the music and movie industries, this trend has …


I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett 2012 University of Richmond

I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett

Richmond Journal of Law & Technology

Bad facts make bad law. The Supreme Court recently addressed the issue of what constitutes the appropriate standard of proof for invalidating an issued patent. The Patent Act provides a presumption of patent validity. Therefore, a party challenging a patent’s validity bears the burden of overcoming this presumption. However, the Patent Act is silent as to the standard of proof required to satisfy this burden. Despite the Act’s silence, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has consistently held that the Patent Act’s presumption of validity can only be overcome by a showing of clear and …


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Joel Hermsdorfer 2012 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Joel Hermsdorfer

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2011-2012 academic year.


A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau 2012 University of Richmond

A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau

Richmond Journal of Law & Technology

Bulletin boards and pushpins are archaic. Yet, each day represents a new paradigm for the technologically savvy. Innovators pair old concepts with new functionalities and technology, often achieving groundbreaking results. Digital counterparts for Post-It notes emerged for computers and other wireless devices. Other examples abound. Thus, it is no surprise that pins and boards also have new meaning in the digital age. Credit is due to the founders of Pinterest, a nascent social networking site with a devoted following, for modernizing the pin. As a newer social networking site, Pinterest has experienced unparalleled growth after its inception only a few …


Intellectual Property And The Incentive Fallacy, Eric E. Johnson 2012 University of Oklahoma College of Law

Intellectual Property And The Incentive Fallacy, Eric E. Johnson

Faculty Articles

The enterprise of intellectual property law has long been based on the premise that external incentives – such as copyrights and patents – are necessary to get people to produce artistic works and technological innovations. This article argues that this foundational belief is wrong. Using recent advances in behavioral economics, psychology, and business-management studies, along with empirical investigations of industry, it is now possible to construct a compelling case that the incentive theory, as a general matter, is mistaken, and that natural and intrinsic motivations will cause technology and the arts to flourish even in the absence of externally supplied …


Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz, Tristan Bligh 2012 Boston University School of Law

Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz, Tristan Bligh

Faculty Scholarship

Patent infringement litigation has not only increased dramatically in frequency over the past few decades,1 but also has also seen striking growth in both stakes and cost.2 Although a relatively rich literature has added much to our understanding of the nature, causes, and consequences of patent litigation during the past two decades,3 many interesting questions remain inadequately addressed. The nuances of and trends in patent litigation in different technology fields and industries, for example, are still understudied.4 Litigation of patents on new technologies has likewise received a dearth of attention. Here we seek to help begin …


The New Federal Circuit Mandamus, Paul Gugliuzza 2012 Boston University School of Law

The New Federal Circuit Mandamus, Paul Gugliuzza

Faculty Scholarship

This Article explores an ongoing revolution in the mandamus jurisprudence of the U.S. Court of Appeals for the Federal Circuit, the court of appeals with nearly exclusive jurisdiction over patent cases. Before December 2008, the Federal Circuit had never used the interlocutory writ of mandamus to order a district court to transfer a case to a more convenient forum, denying each one of the twenty-two petitions it had decided on that issue. Since that time, however, the court has overturned eleven different venue decisions on mandamus. Remarkably, ten of those eleven cases have come from the same district court, the …


Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly 2012 University of Dayton

Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly

School of Law Faculty Publications

When viewed in the context of sound recording infringement and digital sampling, two recent high court rulings—one in the United States and the other in Germany—have determined that good fences do, indeed, make for sensible legal boundaries with respect to the copyrights held by the owners of sound recordings. While the legal doctrines employed by the courts in each of these cases are different in letter and theory, both courts concluded that owners of rights held in sound recordings should reasonably expect the law to protect the valid boundaries of those rights when third parties engage in the practice of …


Communities Of Innovation, Michael Mattioli 2012 Indiana University Maurer School of Law

Communities Of Innovation, Michael Mattioli

Articles by Maurer Faculty

This Article examines and evaluates the theory that patent holders privately self-correct the government’s excessive apportionment of patent rights by means of various cooperative efforts including patent pools, research consortia, and similar licensing collectives. According to some experts, these efforts are proof that market participants have the wisdom and the will to collectively disarm their patent arsenals in order to advance long-term innovation. But until now, this theory of market self-correction has not been evaluated through empirical study. Drawing on interviews and original research, this Article provides an ethnographic view of collective patent licensing episodes. Amidst these stories of success …


Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman 2012 University of Richmond

Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman

Richmond Journal of Law & Technology

Genes are the fundamental building blocks of all living things. They dictate hair color, eye color, even susceptibility to cancer. As such, genes inherently possess untold power. The ability of a sole company to wield this omnipotence makes a human gene patent highly sought after.


A Proposal For An Alternate Dispute Resolution Process For The Fashion Industry After The Innovative Design Protection And Piracy Prevention Act, David Reap 2012 Benjamin N. Cardozo School of Law

A Proposal For An Alternate Dispute Resolution Process For The Fashion Industry After The Innovative Design Protection And Piracy Prevention Act, David Reap

Cardozo Journal of Conflict Resolution

This Note will explore the way alternative dispute resolution can be used to ensure that the proposed IDPPPA meets its stated goal without unnecessarily chilling creative efforts of unproven designers. Though the bill is aimed at stopping the proliferation of design copying (knockoffs), insiders are concerned that the bill will dissuade designers from producing designs that merely incorporate elements from other designs ("inspired-by" designs). Some believe that the judiciary will interpret the IDPPPA expansively, resulting in the punishment of designers who produce knockoffs as well as those who draw inspiration from other designs. However, a chilling effect could be mitigated …


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