Topic Archives: copyright

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

Tagged , , , , , , , Leave a comment

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

Tagged , , , , , , , , Leave a comment

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

Tagged , , , Leave a comment

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

Tagged , , , , Leave a comment

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

Tagged , , , , , , , , Leave a comment

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

Tagged , , , , , 1 Comment

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

Tagged , , , , , , 1 Comment

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

Tagged , , , 1 Comment

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

Tagged , , Leave a comment

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

Tagged , , , , , , , , , , , , , , , , Leave a comment