Peer-to-Peer (P2P) technologies are often seen as a threat by copyright owners because they encourage piracy by making digital copies easier. In response, major record companies have come up with new devices designed to protect original material, and lobbied to reinforce legal protection. We...

The paper aims to introduce the types of and the trends related to the latest new generation free trade agreements (FTAs) of the European Union (EU). The paper introduces how the EU has constantly broadened the scope of the copyright chapters of the FTAs it signed with its global partners. The...

With the Dutch referral of the Tom Kabinet case (C-263/18) in July 2017, the CJEU will soon have its final say on the admissibility of digital exhaustion under Art. 4(2) InfoSoc. Until now, years of national decisions and CJEU’s obiter dicta have provided a patchwork of inconsistent answers,...

This chapter provides a comprehensive survey of the burgeoning literature on the law and economics of intellectual property. It is organized around the two principal objectives of intellectual property law: promoting innovation and aesthetic creativity (focusing on patent, trade secret, and...

Sometimes technological change is so profound that it rocks the foundations of an entire body of law. Peer-to-peer (P2P) filesharing systems - Napster, Gnutella, KaZaA, Grokster, and Freenet3 - are mere symptoms of a set of technological innovations that have set in motion an ongoing process of...

Copyright requires us to distinguish between two different ways of transforming a “work of authorship”: “derivative works” and “transformative fair uses.” The absence of a clear line results in a tendency to assign all value arising proximately from a work to copyright owners. Many...

US copyright law deserves credit for encouraging an outpouring of original expressive works, bequeathing us a rich cultural heritage. But the copyright regime has grown too big and too powerful. We need to pursue a new direction in copyright reform: toward freedom. We can best improve copyright...

Whatever your philosophical position, if you are skeptical of government power, you should likewise be skeptical of the copyright system that has developed over the last century. It is possible to have a deep respect for copyright and still recognize that a particular implementation of the idea...

The authors examine the timing and quality of product introduction in an R&D stopping game, where they allow for horizontal and vertical differentiation in the product market. They observe that discontinuous changes in introduction dates can occur as firms' abilities as researchers change....