Principles Of The Law Of Software Contracts: Some Highlights,
2010
Cornell Law School
Principles Of The Law Of Software Contracts: Some Highlights, Robert A. Hillman, Maureen O'Rourke
Cornell Law Faculty Publications
The final draft of the Principles of the Law of Software Contracts ("Principles") was unanimously approved by the American Law Institute membership in May of 2009. The goal of the project is to “clarify and unify the law of software transactions.” However, the Principles will not become law in any jurisdiction unless and until a court adopts them, so only time will tell whether the project will accomplish this goal. Nevertheless, one thing is certain. The current law of software transactions, a mish-mash of common law, Article 2 of the Uniform Commercial Code, and federal intellectual property law, among other …
La Cyberintimidation: Analyse Juridique,
2010
Schulich School of Law, Dalhousie University
La Cyberintimidation: Analyse Juridique, Karen D. Levin
Canadian Journal of Law and Technology
Dans ce mémoire va être traitée une analyse juridique de la cyberintimidation. Dans une première partie, nous tenterons de définir le terme « cyberintimidation » et les enjeux qui s’y rattachent. En deuxième lieu, nous examinerons la motivation qui mène à la cyberintimidation, ainsi que la manière dans laquelle l’acte se produit. Troisièmement, nous évaluerons les provisions du droit criminel fédéral, des droits de la personne, et du droit des délits civils afin de déterminer l’efficacité de notre système juridique à détourner la cyberintimidation. Finalement, nous trancherons la question de réforme qui se propose au Canada, la comparant aux réformes …
Discipline And Nourish: On Constructing Commons,
2010
Boston University School of Law
Discipline And Nourish: On Constructing Commons, Wendy J. Gordon
Faculty Scholarship
Scholarship has examined many possible ways to encourage the creation and dissemination of art, works of authorship, ideas, and inventions: rights of exclusion (copyrights and patents), prizes, governmental subsidies, private subsidies (including both foundations and patronage), reputation, and so forth. Legal scholars have long recognized that copyright and patent are not the only options. And while some legal academics have mentioned the possibility of groups of users and creators interacting on a voluntary but structured basis, legal scholars did not give much sustained attention to such possibilities until fairly recently.
Costs, Norms, And Inertia: Avoiding An Anticommons For Proprietary Research Tools,
2010
University of Michigan Law School
Costs, Norms, And Inertia: Avoiding An Anticommons For Proprietary Research Tools, Rebecca S. Eisenberg
Book Chapters
A decade ago the scientific community was sounding alann bells about the impact of intellectual property on the ability of scientists to do their work. Protracted negotiations over access to patented mice and genes, scientific databases, and tangible research materials all pointed toward the same conclusion: that intellectual property claims were undennining traditional sharing norms to the detriment of science. Michael Heller and I highlighted one dimension of this concern: that too many intellectual property rights in 'upstream' research results could paradoxically restrict 'downstream' research and product development by making it too costly and burdensome to collect all the necessary …
Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google),
2010
Google
Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer
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. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google),
2010
Google
Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso
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. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions,
2010
Santa Clara Law
Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, 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?
Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike,
2010
Rosetta Stone
Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano
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 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions,
2010
Rosetta Stone
Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano
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. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google),
2010
Google
Vol. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien
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. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability,
2010
Santa Clara Law
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
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. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability,
2010
Santa Clara Law
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
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 Re Bilski And The “Machine-Or-Transformation” Test: Receding Boundaries For Patent Eligible Subject Matter,
2010
Duke Law
In Re Bilski And The “Machine-Or-Transformation” Test: Receding Boundaries For Patent Eligible Subject Matter, Matthew Moore
Duke Law & Technology Review
In order for a hopeful applicant to be granted a patent over his invention, his application must satisfy several procedural and substantive requirements. Among the substantive hurdles that an applicant must clear is the mandate that patents only be issued to applications claiming statutory subject matter within the meaning of §101 of the Patent Act. However, the Court of Appeals for the Federal Circuit (Federal Circuit) has not construed that Section consistently over the years. Since that court’s formation in 1982, it has espoused two tests for statutory subject matter, and each time has substantially abrogated, if not overruled, the …
Vol. Ix, Tab 46 - Spaziano Declaration In Opposition To Google's Motion,
2010
Rosetta Stone
Vol. Ix, Tab 46 - Spaziano Declaration In Opposition To Google's Motion, Jennifer Spaziano
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. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment,
2010
Santa Clara Law
Vol. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
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. Xi, Tab 48 - Declaration Of Kris Brewer (Associate Discovery Counsel For Google),
2010
Google
Vol. Xi, Tab 48 - Declaration Of Kris Brewer (Associate Discovery Counsel For Google), Kris Brewer
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. Ix, Tab 47 - Declaration Of Henry Lien (Counsel For Google),
2010
Google
Vol. Ix, Tab 47 - Declaration Of Henry Lien (Counsel For Google), Henry Lien
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. Xii, Tab 49 - Declaration Of Thai Le In Support Of Google's Opposition To Partial Summary Judge As To Liability,
2010
Google
Vol. Xii, Tab 49 - Declaration Of Thai Le In Support Of Google's Opposition To Partial Summary Judge As To Liability, Thai Le
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?
Intellectual Property Law And Entertainment Law Issues,
2010
Centre for Intellectual Property Policy & Management
Intellectual Property Law And Entertainment Law Issues, Martin Kretschmer, W. Bruce Burch, John L. Turner, Bertis E. Downs Iv
Other Lectures and Presentations
The University of Georgia School of Law's Dean Rusk Center hosted an intellectual property law lecture featuring Martin Kretschmer, professor of information jurisprudence and director of the Centre for Intellectual Property Policy & Management at Bournemouth University, U.K. Kretschmer discussed his groundbreaking work in artist compensation in the European Union as well as the contractual structures that drive creative industries on April 6 at 1:30 p.m. in the Larry Walker Room of Dean Rusk Hall. His lecture was followed by comments from W. Bruce Burch, UGA director of Interdisciplinary Certificate in Music Business; Bertis E. Downs IV, Georgia Law adjunct …
Ipq; Spring 2010,
2010
University of Maryland Francis King Carey School of Law
