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In Design Patent Law’s Identity Crisis, we traced the origins of design patent law’s ornamentality/non-functionality doctrine and showed how the Federal Circuit, the nation’s de facto design patent emperor over the past four decades, has turned the doctrine on its head: it has upended the...
Persistent link: https://www.econbiz.de/10013322802
This article assesses the major systems of environmental liability in the United States—the toxic tort system and Superfund. The discussion of each of these areas first lays out the scientific background of the environmental problems and the applicable regulatory regime. It then analyzes the...
Persistent link: https://www.econbiz.de/10005237507
Persistent link: https://www.econbiz.de/10010536604
This article comments on the Supreme Court's 2017 Star Athletica v. Varsity Brands decision addressing copyright's useful article doctrine. It shows that the majority's analysis mistakenly lends credence to the notion that copyright protection can extend to functional elements of useful articles...
Persistent link: https://www.econbiz.de/10012947897
This article explores how 3D printing fits within US copyright law. US copyright law provides a well-developed general framework for the protection of creative designs, whether fixed in CAD files or 3D objects. Enforcement of copyright protection in this industry faces some of the same...
Persistent link: https://www.econbiz.de/10012980461
Like Dickens' tale of Jarndyce and Jarndyce, the Oracle v. Google litigation has droned on for what seems like generations in the software industry with no clear end in sight. The litigation is on an especially wasteful and perilous course due to its peculiar jurisdictional posture. As a result...
Persistent link: https://www.econbiz.de/10012967666
Drawing upon historical patterns and the symbiotic relationship between distribution platforms and creative expression, this commentary examines the problems currently dividing the technology and content sectors over Internet copyright enforcement. It highlights two key factors causing the...
Persistent link: https://www.econbiz.de/10014173609
This commentary examines the controversy over Grooveshark, an on-demand music streaming service that has provided access to much of the catalogs of the major record labels without licenses from three of the four majors. It raises questions about how such reliable access could have been sustained...
Persistent link: https://www.econbiz.de/10014174722
Following the most tumultuous decade in copyright history, Professor John Tehranian’s recent book – Infringement Nation: Copyright 2.0 and You – promises a broad-ranging account of the complexities of copyright infringement in the Internet Age. There can be little doubt that copyright...
Persistent link: https://www.econbiz.de/10014176223
The article describes how the first courts to address the scope of copyright protection for application programs have tended to view application programming as predominantly an exercise in creative expression and accordingly have interpreted the scope of copyright protection in this area quite...
Persistent link: https://www.econbiz.de/10014176570