In the copyright policy debate, proponents of strong copyright protection tend to be dismissive of the quality of freely available content. In response to counter-examples such as open access scholarly publications and advertising-supported business models (e.g., newspaper websites and the...

Firms in the copyright-intensive industries frequently complain that copyright infringement causes significant lost sales, lost revenues, lost profits, and lost jobs. However, as has been noted in numerous impartial studies, the actual impact of infringement on individual firms, on industry...

In 2012, I published a law review article where I argued that when a defendant engages in the type of activity permitted by a specific exception under the Copyright Act, but does not qualify for a technical reason, the court should give weight to the defendant’s substantial compliance with the...

The Trans-Pacific Partnership (TPP) Agreement contains an important provision concerning achieving balance in the copyright systems of the twelve countries party to that free trade agreement. This provision was not present in the early draft of the agreement. Then, in July 2012, the United...

In March 2014, the International Federation of the Phonographic Industry (IFPI) announced that global industry revenues declined 3.9 percent in 2013. IFPI claims that “digital piracy is the biggest single threat to the development of the licensed music sector and to investment in artists.”...

We have reviewed equity research reports issued in 2013 for eight leading companies in copyright-intensive industries: two software firms (Microsoft and Adobe); two publishers (Pearson and Reed Elsevier); the owners of two major motion picture studios (Disney and Viacom, owner of Paramount); and...

This is the third volume of a history of the global legal debate concerning copyright and competition in the software industry. The debate has centered on two related issues. First, does copyright protect the elements of computer programs necessary to achieve interoperability? Second, to the...