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This paper explores the case law tension surrounding antitrust liability for refusals to deal in patented goods …
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This essay considers antitrust objections to recent settlements of intellectual property litigation. Part I examines the Google Book Search settlement, which resolves a copyright dispute between Google and a class of authors and publishers, including the creators of so-called orphan works. It...
Persistent link: https://www.econbiz.de/10014188581
Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards … copyright liability and technological innovation and some suggestive empirical results. The conceptual analysis demonstrates … that the question of whether indirect copyright liability chills technological innovation inherently requires consideration …
Persistent link: https://www.econbiz.de/10014207357
the theory of economics, this paper examines economic strength of indirect liability regime in the context of ISPs …ISPs’ indirect copyright liability permits regulation where traditional legislation fails to meet requirements of … infringement at low cost. However, though it has been hailed as a forceful tool for governing ISPs’ liability for fierce copyright …
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injunctions. We investigate how damages under a liability rule and the opportunity for injunctions under a property rule can … affect the incentives to develop research tools. We show that the prevailing legal doctrine of damages under liability rule … rule with injunctions or by a liability rule under the doctrine of unjust enrichment …
Persistent link: https://www.econbiz.de/10013228234
In Intellectual Liability, Daniel Crane reemphasizes that a “right to exclude” is only one part of a Hohfeldian package …
Persistent link: https://www.econbiz.de/10013094026
the presence of such products on innovation and consumer welfare. For a given number of buyers, platform liability … interests between innovators and buyers. Furthermore, platform liability can have unintended consequences, which overturn the … intended effect on innovation. Platform liability tends to increase (decrease) innovation and consumer welfare when the …
Persistent link: https://www.econbiz.de/10013384891