Since the birth of Napster in 1999, corporate copyright owners have attempted to quot;governquot; file sharing aggressively at three discrete points of intervention: the content level, the network level, and the user level. Their efforts have met with resistance at each of these points, however,...

Sweeping changes are coming to copyright law in the European Union. Following four years of negotiations, the European Parliament in April 2019 approved the final text of the Digital Single Market (DSM) Directive. The new directive contains provisions for enhancing cross-border access to content...

In Bring in the Nerds: Secrecy, National Security, and the Creation of Intellectual Property Law, David Levine juxtaposes two starkly different copyright policymaking processes: the closed international process that produced the Anti-Counterfeiting Trade Agreement (ACTA) and the relatively open...

This article considers the evolution of ACTA’s “digital environment” provisions in the context of concerns raised early in the negotiations that the agreement would require signatories to mandate graduated response regimes for online copyright enforcement (à la France’s controversial...

At the end of 2008, the music industry ended its five-year campaign of litigation against individual peer-to-peer file sharers and announced that it would be shifting its online copyright enforcement efforts to a model known as graduated response. The most widely publicized form of graduated...

The law of trade secrets has taken a back seat to copyrights and patents in the explosion of scholarship on intellectual property issues over the last decade. While scholars concerned for the future of the public domain have argued forcefully and persuasively against the continuing expansion of...

A tricky question emerges from the Supreme Court's decision in Campbell: If a parodic work, to use Justice Souter's words, shades into satire, is it no longer classifiable (and therefore no longer defensible) as a parody? Should it be regarded as having crossed a critical boundary for fair use...

This article discusses the debate over apotemnophilia and its diagnosis and treatment, focusing on the bioethical, legal, and cultural implications of elective amputation as a possible therapy. The author argues that the sensationalism surrounding apotemnophilia should not be allowed to deter...

When is the developer or distributor of a copying technology legally responsible for the copyright infringements committed by users of that technology? Over the past twenty years or so, development and deployment of digital copying technologies (personal computers, CD and DVD burners, iPods and...

In 2008, in recognition of the DMCA’s inadequacy in the face of P2P file sharing, and with the high-profile case of Arista Records v. Lime Group pending in federal district court in New York, then New York State Attorney General Andrew Cuomo began pressuring broadband providers to agree...