Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Project Configuration,
2010
Indiana University Maurer School of Law
Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Project Configuration, Mark D. Janis, Susan Scafidi, Orit Fischman Afori, Wendy J. Gordon, Jonathan Moskin
Articles by Maurer Faculty
No abstract provided.
Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain,
2010
Indiana University Maurer School of Law
Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli
Articles by Maurer Faculty
This article studies the law and economics of cooling-off periods and secondary markets for online media. The discussion is fueled by a current debate: In July 2009, the online retail juggernaut, Amazon.com, remotely deleted literary classics from consumers’ portable “Kindle” reading devices. The public outcry and class-action lawsuit that followed have reinvigorated an ongoing debate about how much control digital media distributors should wield. Pundits and plaintiffs argue that too often, digital distributors like Amazon impair consumer freedom by misusing Digital Rights Management (DRM) software systems. However, these same systems could also provide significant benefits that have largely gone ignored. …
Patent Misuse And Innovation,
2010
Indiana University Maurer School of Law
Patent Misuse And Innovation, Marshall Leaffer
Articles by Maurer Faculty
No abstract provided.
Evaluation Of The Design Piracy Prohibition Act: Is The Cure Worse Than The Disease? An Analogy With Counterfeiting And A Comparison With The Protection Available In The European Community.,
2010
Northwestern Pritzker School of Law
Evaluation Of The Design Piracy Prohibition Act: Is The Cure Worse Than The Disease? An Analogy With Counterfeiting And A Comparison With The Protection Available In The European Community., Silvia Beltrametti
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Overly Active Corpse Of Red Lion,
2010
Northwestern Pritzker School of Law
The Overly Active Corpse Of Red Lion, Thomas W. Hazlett, Sarah Oh, Drew Clark
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Even More Complex After All These Years: What The Complexity Of The “How?” Question Of Tailoring Claim Scope Has To Say About The “Who?” Question,
2010
Washington University in St Louis
Even More Complex After All These Years: What The Complexity Of The “How?” Question Of Tailoring Claim Scope Has To Say About The “Who?” Question, Kevin E. Collins
IP Theory
No abstract provided.
Life In The Fast Lane: Of Presumptions, Defenses, And Burdens,
2010
University of Minnesota - Twin Cities
Life In The Fast Lane: Of Presumptions, Defenses, And Burdens, William Mcgeveran
IP Theory
No abstract provided.
Complex Economics And Patent Remedies,
2010
The University of Texas School of Law
Markets For Patent Scope,
2010
University of San Diego School of Law
Markets For Patent Scope, Ted M. Sichelman
IP Theory
A recurring issue in intellectual property theory is how the scope of patent rights affects invention and commercialization. Traditionally, there has been a dichotomous debate: one view stemming from Ed Kitch, promoting broad “prospect”-style patents in the hands of a single inventor, and another view from Robert Merges and Richard Nelson, advocating relatively narrow scope to encourage competition in innovation. More recently, a variety of scholars have set forth more nuanced positions. My thesis here is that the variance in these views can be traced to differing empirical attitudes about how well the market functions relative to a patent system …
The Role Of Patent Eligibility In Policing Claim Scope,
2010
University of Missouri-Kansas City
The Role Of Patent Eligibility In Policing Claim Scope, Christopher M. Holman
IP Theory
No abstract provided.
Formalism, Realism, And Patent Scope,
2010
George Mason University School of Law
Substantive Claim Construction As A Patent Scope Lever,
2010
University of California, Davis, School of Law
Substantive Claim Construction As A Patent Scope Lever, Peter Lee
IP Theory
No abstract provided.
Patent Claiming In The United States: Central, Peripheral, Or Mongrel?,
2010
George Washington University
Patent Claiming In The United States: Central, Peripheral, Or Mongrel?, Martin J. Adelman
IP Theory
No abstract provided.
Fessing Up To Facebook: Recent Trends In The Use Of Social Network Websites For Civil Litigation,
2010
Schulich School of Law, Dalhousie University
Fessing Up To Facebook: Recent Trends In The Use Of Social Network Websites For Civil Litigation, Pamela D. Pengelley
Canadian Journal of Law and Technology
For professional “fact-gatherers” such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking gun, depending on your perspective. The personal information contained in a Facebook profile may be highly relevant to matters at issue in litigation; when dealing with claims, particularly in the personal injury context, the information contained on a Facebook page can make or break a case. It is, therefore, crucial that legal and insurance professionals stay informed of new developments in this emerging area of law. This article, written with …
Imagining The Law: Art,
2010
American University Washington College of Law
Imagining The Law: Art, Christine Haight Farley
Contributions to Books
Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for special legal …
Eighth Circuit Trademark Opinions,
2010
Mitchell Hamline School of Law
Eighth Circuit Trademark Opinions, Kenneth L. Port
Faculty Scholarship
The Eighth Circuit Court of Appeals’ trademark jurisprudence has been truly fair and balanced since the 1946 passage of the Lanham Act. The court has created this fair and balanced jurisprudence by creating firm standards and sticking to them. Although not the most popular circuit in which to find a trademark case, the Eighth Circuit has kept a constant vigil to assure that trademark plaintiffs do not dominate over trademark defendants. This balanced approach to trademark law is consistent with the Minnesota Supreme Court, which recently held that “advertising injury” included trademark infringement, and therefore the defendant’s insurance carrier had …
Grey Literature In Library And Information Studies,
2010
GreyNet International
Grey Literature In Library And Information Studies, Dominic J. Farace, Joachim Schöpfel
Copyright, Fair Use, Scholarly Communication, etc.
CONTENTS
Introduction Grey Literature (Farace and Schöpfel)
Part I – Producing, Processing, and Distributing Grey Literature
Section One: Producing and Publishing Grey Literature
Chapter 1 Grey Publishing and the Information Market: A New Look at Value Chains and Business Models (Roosendaal)
Chapter 2 How to assure the Quality of Grey Literature: the Case of Evaluation Reports (Weber)
Chapter 3 Grey Literature produced and published by Universities: A Case for ETDs (Južni)
Section Two: Collecting and Processing Grey Literature
Chapter 4 Collection building with special Regards to Report Literature (Newbold and Grimshaw)
Chapter 5 Institutional Grey Literature in the University Environment …
Privilege And Property: Essays On The History Of Copyright,
2010
University of Glasgow
Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently
Copyright, Fair Use, Scholarly Communication, etc.
Includes sixteen essays on the origins of copyright.
First paragraph:
What is Copyright History?
History has normative force. There was no history of colonialism, gender, fashion or crime until there were contemporary demands to explain and justify certain values. During much of the twentieth century, ‘copyright’ history (the history of legal, particularly proprietary, mechanisms for the regulation of the reproduction and distribution of cultural products – as opposed to the history of art, literature, music, or the history of publishers and art-sellers) was not thought of as a coherent, or even necessary field of inquiry. It was a pursuit of …
Rca V. Whiteman: Contested Authorship, Copyright, And The Racial Politics Of The Fight For Property Rights In Musical Recordings In The 1930s,
2010
University of California, Santa Barbara
Rca V. Whiteman: Contested Authorship, Copyright, And The Racial Politics Of The Fight For Property Rights In Musical Recordings In The 1930s, Kurt Newman
Studio for Law and Culture
Between the Progressive Era and World War II, African American jazz music became the source of big profits for some white entrepreneurs in the United States. The encounter between whites and jazz was both a propertization and a privatization of African American group resources. While new technologies of recording and radio broadcasting were critical factors facilitating these cultural enclosures, the sine qua non was the embeddedness of American intellectual property law in the logic of white supremacy. In this paper, I focus on the popular jazz bandleader Paul Whiteman, best known to most contemporary legal scholars as the defendant in …
The Google Book Settlement And The Fair Use Counterfactual,
2010
Emory University School of Law
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
Faculty Articles
The sprawling Google Book Search litigation began as a dispute between the search engine colossus and a variety of authors and publishers over the legality of Google’s book digitization effort, the Google Book Search project (“GBS” or “Google Book Search”), for the purpose of indexing paper collections and making them searchable on the Internet. However, through the metamorphic power of class action litigation, a dispute over mere indexing and searching has been transformed into a comprehensive agreement over the future of the book as a digital commodity. Understanding this transformation and its implications is the central ambition of this article. …
