Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster decisions, among others, significantly chill technological innovation. This article examines this critical conjecture and offers...

In Eldred v. Ashcroft, the Supreme Court has both an opportunity and a responsibility to reaffirm our basic constitutional system of checks and balances by making an independent review of whether the Copyright Term Extension Act (CTEA) was validly enacted pursuant to congressional power under...

This working paper examines several priority issues pertaining to copyright and innovation. Intellectual property rights (IPRs) can facilitate innovation if an appropriate balance is struck between sufficient protection and free competition. Canada’s laws governing IPRs are recognized to be...

The literature on the economics of copyright proceeds from the premise that copyrightable works constitute pure public goods, which is generally modeled by assuming that such works are nonexcludable and that the marginal cost of making additional copies is essentially zero. A close examination...

In the developed world, antitrust policy has traditionally been a foil to intellectual property (IP). There are now serious concerns that the world's IP system, including both rules created by national legislation and those created by international agreements, is stronger than is the economic...

Copyright law seeks a balance between private incentives to create new works, and public access to the works created. To achieve this balance, copyright law must be based on a theory of harm - i.e., we must understand the kinds of uses that cause significant harm to authors’ incentives, and...

ISPs’ indirect copyright liability permits regulation where traditional legislation fails to meet requirements of copyright protection in a new digital environment, and makes a third party possibly to prevent or decrease the risk of copyright infringement at low cost. However, though it has...

This article asserts that newspapers' quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based, ethos, and that removing that protection may at the least mark a first, symbolic step back from the abyss. Part I examines the state of...

Digital rights management (DRM) refers to various technological systems by which copyright holders seek to exert control over the use and circulation of their works. This dissertation explores the policy debate over copyright law as a potential vehicle for regulating DRM technologies. It...