Topic Archives: copyright

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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Four Rounds of ICE Domain Name Seizures and Related Controversies and Opposition

The Immigrations and Customs Enforcement (ICE), under the Department of Homeland Security, engaged in another round of domain name seizures Valentine’s Day, February 14, 2011. The 18 domain name seizure, “Operation Broken Hearted,” focused on counterfeit sites for selling counterfeit … Continue reading

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Costco Wholesale Corporation v. Omega, S.A.: Extraterritorial Applicability of the First Sale Doctrine

In the Ninth Circuit decision of Omega, S.A. v. Costco Wholesale Corp., the court ruled that the first sale doctrine does not apply to imported works manufactured abroad. Costco appealed, and oral arguments before the United States Supreme Court took … Continue reading

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Winter 2010 News Briefs

This month, our team members have been consumed with outlines, papers, and finals, and now the holidays are upon us.  Although we won’t be able to write full posts on all of the recent developments in technology law, we wanted … Continue reading

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Capitol Records v. Thomas-Rasset: Trial Three

Not only was the landmark peer-to-peer file-sharing trial involving Northern Minnesotan Jammie Thomas-Rasset the first of its kind to reach trial; Thomas-Rasset’s file-sharing litigation will likely come to its third trial on November 2, 2010. Thomas-Rasset downloaded 24 pop hits of the 1980s … Continue reading

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The Anti-Counterfeiting Trade Agreement

The Anti-Counterfeiting Trade Agreement (“ACTA”) has been under negotiation since October 2007. Over the past three years a group of nations, including the United States, have deliberated the specific contents and composition of this document designed to establish stronger intellectual … Continue reading

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Copyright Principles Project/Center for Democracy and Technology Copyright Reform

Current copyright law has proven inadequate to address the uses of creative works in this technological and Internet age. Today’s global environment is one of almost costless reproducibility and dissemination, low-cost production of not only written works but also musical, … Continue reading

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Vernor v. Autodesk: Ninth Circuit test for distinguishing software owners from licensees

On Friday, the Ninth Circuit clarified its test for determining whether a software purchaser is a licensee or an owner of the purchased copy in Vernor v. Autodesk, Inc. The result affirms the ability of software publishers to restrain licensees’ … Continue reading

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