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Persistent link: https://www.econbiz.de/10002137157
The 1985 amendments to the Japanese Copyright Act represent one of the more detailed statutory approaches to computer program protection now in existence, and it deals implicitly with a number of important problems that are already a source of dispute in other countries arising out of the...
Persistent link: https://www.econbiz.de/10013070805
The debate continues to rage over the proper place of computer programs within the copyright protective scheme. The debate is not over copying of code for resale or for the purpose of creating a usable second program to accomplish the function intended by its author, but rather, over what other...
Persistent link: https://www.econbiz.de/10013071126
This article reviews the California Supreme Court's decision in Tahoe National Bank v. Phillips, 4 Cal. 3d 11(1971). The court held that a standardized form providing for an assignment of rents and a covenant against conveyances of a person's residence, signed as security for a loan benefiting...
Persistent link: https://www.econbiz.de/10013152140
Fifty years have passed since commentators first called for special legislation designed to meet the problems of close corporations. Statutory results vary considerably. This Article critically analyzes these approaches and argues that a modem general incorporation statute, rather than a close...
Persistent link: https://www.econbiz.de/10013159367
Basic Inc. v. Levison represents a significant expansion of the Supreme Court's view of the scope of liability under rule 10b-5. The expansion inheres less in the Court's adoption of the fraud on the market theory for dispensing with the reliance requirement in situations in which fraudulent...
Persistent link: https://www.econbiz.de/10013159370
For works that have been widely distributed, the fundamental copyright balances are not subject to private reordering under state contract law. Judge Easterbrook's overreliance on narrow law-and-economics reasoning caused him to miss the critical public interest analysis when he upheld the...
Persistent link: https://www.econbiz.de/10013159371
Using the language of mathematics, Professor Polk Wagner has recently argued that the impossibility of fully appropriating the value of information in a rights holder leads to the surprising conclusion that expanding the degree of control of intellectual property rights will, in the long run,...
Persistent link: https://www.econbiz.de/10013159373
Some ten years ago this author analyzed the trend toward the adoption of special legislation aimed at solving the problems of the closely held corporation. I argued that an attempt at statutory resolution was fundamentally misguided, in that a dual corporation law regime, that is, separate...
Persistent link: https://www.econbiz.de/10013159374
The Japanese Copyright Law provides that copyright protection in computer programs does not extend to algorithms used in making programs. In March of 1989, the 29th division of the Tokyo District Court, which specializes in intellectual property cases, had occasion to consider how far beyond the...
Persistent link: https://www.econbiz.de/10013159375