This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and...

This article examines the tailoring of remedies in cases involving online infringement in particular. When websites communicate copyrighted works to members of the public or use trademarks unlawfully, domestic requirements of equitable relief come into tension with global enforcement cultures....

This chapter analyzes the privacy, intellectual property, competition policy, and human rights law implications of the rise of Facebook and the threat of a natural monopoly in social networking. Facebook instructed its users that it may provide friend lists and other profile information to third...

This chapter is within Part II of the book, on “IP Liberties,” in which the scope of copyright is the focus. The law generates or reflects a dialectic in which (1) those creating content without access to capital, who apply their labor to what has come before, argue for narrower rights; (2)...

Cryptocurrencies such as Bitcoin and Ether encourage the owners of computing resources to bring ever-increasing levels of processing power to bear in validating the distributed ledger of cryptocurrency purchases and sales. Initial coin offerings (ICOs) involve the sale or other distribution of...

The law of innovation balances private returns on investment against benefits to the public. Increasing intellectual property’s profitability acts as an inducement to spend money on research and testing, but threatens to increase costs to the public both directly and in terms of reduced...

This article analyzes the Innovation Act, which passed the U.S. House of Representatives on a promise to deal with the problem of "patent trolls" or non-practicing entities (NPEs). The article surveys the NPE controversy from a variety of perspectives, including the history and theory of...

This chapter in a forthcoming book attempts to map global patterns by which local tyrannies become sources of potentially global infringements on freedom of expression, particularly but not exclusively on the YouTube Web site. It illustrates certain parallels between the efforts to force...

Google Book Search (GBS) has captured the attention of many commentators and government officials, but even as they vigorously debate its legality, few of them have marshaled new facts to estimate its likely effects on publishing and other information markets. This Article challenges the...