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A variety of commentators have called for the increased application of liability rules, including compulsory licenses, to intellectual property. Such arguments are well taken, but unfortunately stop short of advocating the full range of potential intellectual property entitlement allocations....
Persistent link: https://www.econbiz.de/10014164180
on an analogy to computer software protection, have suggested copyright law as an alternative method of protecting … concerning copyright of computer software. The article argues that copyright law is not sacrosanct, but rather represents a …. The article asserts, however, that the decision to apply copyright protection to such a technology should be based on …
Persistent link: https://www.econbiz.de/10014161364
Copyright law is largely a response to new media: from the printing press through radio, photocopiers, and digital … computers, changes in copyright reflect the increased public availability of information reproduction technologies. But while … the exclusive rights conferred by copyright are shaped by the technologies they respond to, the opposite is also true …
Persistent link: https://www.econbiz.de/10014142040
causation. Indeed, the concept of original expression, which is required for copyright authorship, implies a causal chain … familiar from other areas of law also inform copyright authorship, and that the machine learning revolution affords us the … opportunity to reveal previously hidden assumptions about copyright authorship. While I will begin by illustrating these concepts …
Persistent link: https://www.econbiz.de/10013248591
Economic theory has struggled to produce a coherent narrative justifying the implementation of intellectual property regimes, although a variety of rationales have been advanced as explanations. The most prevalent justification characterizes the subject matter of intellectual property in terms...
Persistent link: https://www.econbiz.de/10013008037
In this paper I consider the construction of patents as social practices. The goal is to observe patents in action, that is, to catch patents in the act of becoming patents. This method of “following the action” is well established in the scientific arena, where the processes that lead from...
Persistent link: https://www.econbiz.de/10014344664
Recent advances in genetic engineering now allow biological inventions to be programmed in a fashion resembling the restrictive programming of digital media. These biological "lock-out" systems restrict unauthorized use of genetically engineered seeds in much the same way that digital rights...
Persistent link: https://www.econbiz.de/10014066090
details the pertinent legal issues including trespass, copyright violation, and breach of contract. It also explains the …
Persistent link: https://www.econbiz.de/10014055919
Coase’s theory of the firm has become a familiar tool to analyze the structure and organization of businesses. Such analyses have increasingly focused on property based theories of the firm, including intellectual property. In previous work we have discussed the application of this model to...
Persistent link: https://www.econbiz.de/10014046284
In previous work with Mark Lemley I have discussed the critical role played by the courts in fitting patent law to the ongoing needs of innovation. Careful scrutiny of the recently enacted America Invents Act (AIA), which legislatively reforms American patent law, underscores the need for robust...
Persistent link: https://www.econbiz.de/10014162157