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covered. The first is legal liability for harm. Here we discuss liability rules as incentives to reduce risk, issues of risk …-bearing and insurance, and the costs of the liability system. Second, we consider property law, where we address the nature and …
Persistent link: https://www.econbiz.de/10014024839
The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent law. I argue that this notion is conceptually flawed, and has become a straightjacket channeling juristic reasoning into unproductive channels. At root, a license is not a...
Persistent link: https://www.econbiz.de/10014172527
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authors will also examine a non-exhaustive list of factors for determining authorisation liability. The suggested approach … seeks to expand the scope of indirect copyright liability in Singapore, which is necessary in the face of increasing …
Persistent link: https://www.econbiz.de/10013064682
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the … (2) judicial reluctance to apply the strict liability standard of patent and copyright law to individuals as opposed to …
Persistent link: https://www.econbiz.de/10013052722
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
After reviewing the standards of secondary liability for copyright and trademark infringement in the online context …, this Article considers the extent to which the liability of online service providers would change if a DMCA-like safe …
Persistent link: https://www.econbiz.de/10013033937
Persistent link: https://www.econbiz.de/10011750185
landmark of indirect copyright liability. While copyright holders cried doom for the advent of a new communications technology … did not preclude the possibility of indirect copyright liability; on the other hand, by analogizing the “staple article of … commerce” theory in the Patent Act, it denied imposing indirect copyright liability on providers of copying technologies that …
Persistent link: https://www.econbiz.de/10014180994
Copyright law and the Internet are at an impasse. The looming question is how to approach unlicensed distribution of copyrighted works in the age of peer-to-peer networks. To supplement profits from copyrighted works, copyright holders have devised a mass-litigation model to monetize, rather...
Persistent link: https://www.econbiz.de/10014182400