The Bolt is a collection of short comments and updates about new developments in law and technology written by members of the Berkeley Technology Law Journal. See our introductory post for more information.
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Topic Archives: copyright
The Copyright Alert System After Its Roll-Out: First (Non)Reactions
The Copyright Alert System (CAS) was rolled out in late February 2013. CAS constitutes the United States realization of the international concept of “graduated response programs:” frameworks for media owners to address alleged online copyright infringements with computer users through … Continue reading
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Network Copyright Wars: “The Hopper,” Ad-Skipping DVR, In and Out of Court
The embittered battle between Dish Network and American Broadcasting Companies has given a public face to the struggle between the entertainment and technology industries over the role of copyright in media. In this battle, however, theoretical copyright interests are secondary … Continue reading
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The Purpose of Copyright? Examining the Retracted Republican Study Committee Brief
Last Fall, Derek Khanna, then an intern at the Republican Study Committee (RSC) released a policy brief concerning copyright entitled “Three Myths about Copyright Law and Where to Start to Fix it.” Khanna insisted, based on a textualist reading of … Continue reading
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Kirtsaeng v. John Wiley and Sons: Jet Lag and the First Sale Doctrine
The Supreme Court recently handed down its decision in Kirtsaeng v. John Wiley & Sons, a copyright exhaustion case concerning the sale of “gray-market” works published outside the United States and imported for sale. In a surprisingly decisive 6-3 decision, … Continue reading
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Can the FCC Comply With the President’s Call for Legalization of Cell Phone Unlocking?
On March 4, 2013, the White House officially responded to an online petition calling for the legalization of cell phone unlocking. The process of unlocking a cell phone usually refers to installing software that allows a cell phone to be … Continue reading
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Statutory Damage Awards in High Profile Song-Sharing Cases
The individual defendants in two high profile peer to peer song sharing cases, Capitol v. Thomas-Rasset and Sony v. Tenenbaum, recently faced major defeats in challenges over high statutory damages awarded against them. This raises questions as to the roles of judges and … Continue reading
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John Wiley and Sons v. Kirtsaeng: Textbooks, Copyright, and Universal Exhaustion
On the eve of the arrival of Superstorm Sandy, the Supreme Court of the United States heard oral arguments in John Wiley and Sons v. Kirtsaeng, a case involving the international reach of the First Sale Doctrine. The impending storm … Continue reading
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Volume 27, Issue 2 (Fall 2012)
Front Matter Front Matter (PDF 470Kb) Articles Priority and Novelty Under the AIA (PDF 401Kb) by Robert P. Merges Considering Copyright Rulemaking: the Constitutional Question (PDF 497Kb) by Andy Gass Seven Reasons Why Trade Secrets Are Increasingly Important (PDF 558Kb) by David S. Almeling … Continue reading
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Golan v. Holder and the URAA’s Impact on the Public Domain
Peter and the Wolf, a symphony written by Sergei Prokofiev in 1936, recently received national attention through the Supreme Court decision of Golan v. Holder. Golan, decided on January 18th, 2012, upheld the constitutionality of Section 514 of the Uruguay … Continue reading
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Sony v. Hotz: Controversies Regarding DMCA, Jurisdiction, Search Warrant and Subpoenas
Factual Background When Sony released its PlayStation 3 (“PS3″) video game console, it included a feature that allowed customers to install a version of the Linux operating system so that the machine could be used as a general purpose computer. … Continue reading
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