Author(s): Jason Schultz Year: 2013 Abstract: This Amicus Brief was filed in the United States Court of Appeal for the Second Circuit in the case of Authors Guild v. Hathitrust […]
Brief of Digital Humanities and Law Scholars as Amici Curiae in Authors Guild v. Hathitrust
Solving the Orphan Works Problem for the United States
Author(s): Pamela Samuelson and Jennifer Urban Year: 2013 Abstract: Over the last decade, the problem of orphan works — i.e., copyrighted works whose owners cannot be located by a reasonably […]
Locke for the Masses: Property Rights and the Products of Collective Creativity
Author(s): Robert P. Merges Year: 2009 Abstract: In this brief Idea piece, I describe how the labor theory of property rights associated with John Locke might apply to projects such […]
The Independent-Invention Defense in Intellectual Property
Author(s): Suzanne Scotchmer Year: 1999 Abstract: Patents differ from other forms of intellectual property in that independent invention is not a defense to infringement. We argue that the patent rule […]
The Political Economy of Intellectual Property Treaties
Author(s): Suzanne Scotchmer Year: 2004 Abstract: Intellectual property treaties create two types of obligations: for national treatment of foreign inventors and for certain harmonized protections. I investigate both the incentive […]
The Property Rights Movement’s Embrace of Intellectual Property: True Love or Doomed Relationship?
Author(s): Peter S. Menell Year: 2007 Abstract: The recent Supreme Court battle over the legal standard for permanent injunctions in patents cases (eBay v. MercExchange) marked an important new front […]
Legal Realism in Action: Indirect Copyright Liability’s Continuing Tort Framework and Sony’s De Facto Demise
Author(s): Peter S. Menell Year: 2009 Abstract: The Supreme Court’s indirect copyright liability standard, derived in Sony Corporation of America v. Universal City Studios from patent law and reasserted in […]
Nonpatentability of Business Methods: Legal and Economic Analysis
Author(s): Peter S. Menell Year: 2009 Abstract: In this brief filed in Bilski vs. Kappos, pending before the U.S. Supreme Court, we argue that the “useful Arts” limitation of the […]
Regulating ‘Spyware’: The Limitations of State ‘Laboratories’ and the Case for Federal Preemption of State Unfair Competition Laws
Author(s): Peter S. Menell Year: 2005 Abstract: Drawing on Justice Brandeis’s oft-cited observation that states can serve as “laboratories” of policy experimentation, this Article develops a framework for assessing the […]
Who Owns the Charles River Bridge? Intellectual Property and Competition in the Software Industry
Author(s): Robert P. Merges Year: 2000 Abstract: Long, long ago, in an economy far away, decision makers responsible for maintaining the footings of commerce faced a troubling question: should entrenched […]