Author(s): Peter S. Menell Year: 2011 Abstract: Following the most tumultuous decade in copyright history, Professor John Tehranian’s recent book – Infringement Nation: Copyright 2.0 and You – promises a […]
Infringement Conflation
An Analysis of the Scope of Copyright Protection for Application Programs
Author(s): Peter S. Menell Year: 2011 Abstract: The article describes how the first courts to address the scope of copyright protection for application programs have tended to view application programming […]
Jumping the Grooveshark: A Case Study in DMCA Safe Harbor Abuse
Author(s): Peter S. Menell Year: 2011 Abstract: This commentary examines the controversy over Grooveshark, an on-demand music streaming service that has provided access to much of the catalogs of the […]
Does Copyright Protection Under the EU Software Directive Extend to Computer Program Behaviour, Languages and Interfaces?
Author(s): Pamela Samuelson Year: 2011 Abstract: This article argues that competition and innovation in the software industry in the EU will be seriously undermined if the Court of Justice of […]
Procuring Knowledge
Author(s): Suzanne Scotchmer Year: 2003 Abstract: There is growing public interest in alternatives to intellectual property including, but not limited to, prizes and government grants. We argue that there is […]
Mobile Payments: Consumer Benefits & New Privacy Concerns
Author(s): Chris Jay Hoofnagle and Jennifer Urban Year: 2012 Abstract: Payment systems that allow people to pay using their mobile phones are promised to reduce transaction fees, increase convenience, and […]
The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism
Author(s): Amy Kapczynski Year: 2012 Abstract: The field of intellectual property (IP) law today is focused, as the name itself advertises, on one particular institutional approach to scientific and cultural […]
Oracle v. Google: Are APIs Copyrightable?
Author(s): Pamela Samuelson Year: 2012 Abstract: Are application program interfaces (APIs) of computer programs protectable by copyrights in software that embodies them? Oracle v. Google is the most definitive ruling […]
How Fair Use Can Help Solve the Orphan Works Problem
Author(s): Jennifer Urban Year: 2012 Abstract: Many works that libraries, archives, and historical societies, among others, would like to digitize and make available online are “orphan works,” that is, works […]
Brief of Amici Curiae Academic Authors in Support of Defendant-Appellant and Reversal
Author(s): Pamela Samuelson Year: 2012 Abstract: Filed in the Second Circuit Court of Appeals in Support of Defendant-Appellant Google. Summary of argument: Class certification was improperly granted below because the […]