Yearly Archives: 2014

BTLJ is excited to welcome Aaron Perzanowski of Case Western Reserve University Law School and Jason Schultz of New York University Law School on April 3–4, 2014 to the 18th Annual BTLJ/BCLT Symposium: The Next Great Copyright Act. This is a summary of the authors’ topic of discussion and forthcoming article: The shift to a digital ...

The Ninth Circuit’s 2012 decision in United States v. Nosal created a circuit split regarding the interpretation of the phrase “exceeds authorized access” in the Computer Fraud and Abuse Act (CFAA). The Ninth Circuit (since joined by the Fourth Circuit) held that one “exceeds authorized access” to a computer by ...

Complete Volume 29, Issue 3 Complete Volume (PDF 16,496KB) Front Matter Front Matter (PDF 556KB) Articles Fair Use for Free, or Permitted-But Paid? (PDF 4,079KB) by Jane C. Ginsburg All of This Has Happened before and All of This Will Happen Again: Innovation in Copyright Licensing (PDF 2,961KB) by Rebecca ...

In 2012, Canada adopted the Copyright Modernization Act as a comprehensive reform of Canadian copyright law and addressed the issue of liability for copyright infringement by online intermediaries. Rather than adopting a “Notice and Takedown” procedure like the United States did at § 512 of the Digital Millennium Copyright Act ...

PDF Download Version: How to Overcome the Normal Exploitation Obstacle: Opt-Out Formalities, Embargo Periods and the International Three-Step Test (PDF 335KB) by Martin Senftleben Berkeley Technology Law Journal Commentaries Vol. 1 ...

Company A owns a patent that tells the difference between CDs and DVDs. Company B infringes on A’s patent by incorporating A’s technology into the laptops B manufactures, which incorporates thousands of other patents. Generally in calculating damages, total royalties awarded equal the royalty base multiplied by the royalty rate. ...

On February 8, 2014, California Lawyers for the Arts presented this year’s 31st annual Music Business Seminar at Berkeley Law School. Music industry professionals gathered around the theme theme, “21st Century Musician: Making a Living Making Music.” As the name suggests, the event included panels and breakout sessions that were ...

The cases Capitol Records, Inc. v. Thomas-Rasset The plaintiffs, Capitol Records, Inc., Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc., and Warner Bros. Records, filed suit against Jammie Thomas-Rasset under the Copyright Act seeking statutory damages and injunctive relief in the first file-sharing copyright infringement lawsuit ...

Complete Volume 29, Issue 2 Complete Volume (PDF 5,207KB) Front Matter Front Matter (PDF 295KB) Articles What Happens in the Cloud: Software as a Service and Copyrights (PDF 456KB) by Lothar Determann Federalism in Transition: Recalibrating the Federal-State Regulatory Balance for the All-IP Era (PDF 1,021KB) by Charles M. Davidson ...

Complete Volume 29, Annual Review 2014 Complete Volume (PDF 8,393KB) Front Matter Front Matter (PDF 346KB) Articles Foreword (PDF 283KB) by Robin Kuntz, Julie Kent Patent Law Association for Molecular Pathology v. Myriad Genetics, Inc.: The Product of Nature Doctrine Revisited (PDF 330KB) by Tup Ingram Breaching RAND and Reaching for ...