Science and Technology Law Commons^™

Slides: Costs And Benefits Of Development: An Industry Perspective, Glenn Vawter

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Glenn Vawter, Executive Director, National Oil Shale Association

12 slides

Antitrust, Innovation, And Uncertain Property Rights: Some Practical Considerations, Dean V. Williamson

Duke Law & Technology Review

The intersection of antitrust and intellectual property circumscribes two century-long debates. The first pertains to questions about how antitrust law and intellectual property law interact, and the second pertains to questions about how parties can exploit property rights, including intellectual property rights, to exclude competitors. This iBrief finesses these questions and turns to practical considerations about how innovation and intellectual property can impinge antitrust enforcement. This iBrief develops two propositions. First, although collaborative research and development has often been and remains unwittingly misunderstood, what is understood about it is consistent with the long- standing observation that antitrust has rarely interfered …

Co2 Mtic Fraud — Technologically Exploiting The Eu Vat (Again), Richard Thompson Ainsworth

Faculty Scholarship

On February 1, 2010 Algirdas Šemeta is expected to be confirmed as the next European commissioner for taxation, customs union, audit and anti-fraud. If his nomination passes a confirmation hearing at the European Parliament he will succeed László Kovács. At the top of Mr. Šemeta’s list of things requiring attention should be MTIC fraud in tradable CO2 permits. Political and fiscal realities make CO2 MTIC fraud a top priority.

CO2 MTIC is a technology-driven fraud that takes advantage of the same weaknesses in the EU VAT that have become well known in the cell phone and computer chip trade. The …

Quebec's Sales Recording Module (Srm): Fighting The Zapper, Phantomware, And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

No abstract provided.

Technological Fair Use, Edward Lee

All Faculty Scholarship

The Article proposes a framework tailoring fair use specifically for technology cases. At the inception of the twenty-first century, information technologies have become increasingly central to the U.S. economy. Not surprisingly, complex copyright cases involving speech technologies, such as DVRs, mp3 devices, Google Book Search, and YouTube, have increased as well. Yet existing copyright law, developed long before digital technologies, is ill-prepared to handle the complexities these technology cases pose. The key question often turns, not on prima facie infringement, but on the defense of fair use, which courts have too often relegated to extremely fact-specific decisions. The downside to …

White Paper, The Emergence Of Knowledge Analysis: Change And Knowledge Management In Large Law Firms, Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

Castles In The Air: F. Gregory Lastowka's Virtual Justice, Joshua A.T. Fairfield

Scholarly Articles

This Article argues that informed consent to contract terms is not a good to be maximized, but an information cost that courts should minimize. As a result, courts ought to minimize the cost sum of information costs and contractual surprise. The Article applies information-cost theory to show that information-forcing rules are often inefficient at both the micro- and macroeconomic levels. Such rules also impose greater costs on third parties than the benefits they create for the contracting parties. When one consumer creates an idiosyncratic deal, the information-savings benefits of standardization are reduced for all other potential consumers. The Article demonstrates …

Sequential Musical Creation And Sample Licensing, Peter Dicola

Faculty Working Papers

All musical creation builds on previous works. But using fragments of existing musical works in a new work can often constitute copyright infringement. Copyright law, in cases like Bridgeport Music v. Dimension Films (6th Cir. 2005), has recently increased its restrictions on musicians who wish to engage in sampling, defined as the practice of using other creators' sound recordings to create new music. The paper describes a model of copyright holders' and samplers' incentives to create in light of the need to negotiate licenses for sample-based works to avoid violating copyright law. Even in the absence of traditional transaction costs …

Computer Hacking As A Deceptive Device: Why The Courts Must Give Computers Legal Consciousness To Hold Hackers Liable For Insider Trading, Farid Sharaby

McGeorge Law Review

No abstract provided.

Text Message Price Gouging: A Perfect Storm Of Tacit Collusion, Per Larsen

Colorado Technology Law Journal

No abstract provided.

Rough Waters Ahead: The Status Of The Safe Harbor Provision After Proveris Scientific Corp. V. Innovasystems, Inc., Kelli Brensdal

Colorado Technology Law Journal

No abstract provided.

Time For A Change: The Schema Of Contract In The Digital Era, Devin Looijen

Colorado Technology Law Journal

No abstract provided.

Wikipedia's Labor Squeeze And Its Consequences, Eric Goldman

Colorado Technology Law Journal

No abstract provided.

The Shaky Foundations Of The Regulated Internet, James B. Speta

Colorado Technology Law Journal

No abstract provided.

Are Your Bits Worn Out? The Dmca, Replacement Parts, And Forced Repeat Software Purchases, Todd C. Adelmann

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Why The Iphone Won't Last Forever And What The Government Should Do To Promote Its Successor, Robert Hahn, Hal J. Singer

Colorado Technology Law Journal

No abstract provided.

Lawless Surveillance, Warrantless Rationales, Cindy Cohn

Colorado Technology Law Journal

No abstract provided.

Why Typefaces Proliferate Without Copyright Protection, Blake Fry

Colorado Technology Law Journal

No abstract provided.

Blood Code: The History And Future Of Video Game Censorship, Jeffrey O'Holleran

Colorado Technology Law Journal

No abstract provided.