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Copyright Internet Uncategorized

[Archived Post] The Failure of the DMCA Notice and Takedown System

Today, CPIP released an important new policy brief, The Failure of the DMCA Notice and Takedown System: A Twentieth Century Solution to a Twenty-First Century Problem, by Professor Bruce Boyden of Marquette University Law School.  Professor Boyden argues that the DMCA notice and takedown system is outdated and not up to the task of reducing […]

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[Archived Post] Copyright is Still Essential to a Free Market in Creative Works

In the modern digital era, strong copyright protection is still an essential component of a flourishing free market in creative works.  Viewed properly as a property right in creative works, copyright is fundamental to economic freedom in our creative economy.  Criticisms of copyright have flooded the public policy debate in recent years.  Proponents of weakening […]

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Copyright Uncategorized

[Archived Post] Mercatus’s Unhelpful Business Advice to the Creative Industries

Washington, D.C. is full of smart people with great ideas about how other people should run their lives and businesses. The more innocent of first hand knowledge and practice they are, the more generous and enthusiastic they seem to be with their advice. While free market advocates are particularly fond of criticizing progressives for this […]

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Antitrust Injunctions ITC Patent Law Patent Licensing Patent Theory Remedies Uncategorized

[Archived Post] Guest Post by Richard Epstein: The Dangerous Adventurism of the United States Trade Representative – Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law

The Dangerous Adventurism of the United States Trade Representative: Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law  Richard A. Epstein In ordinary times, the business of the International Trade Commission does not appear as the lead story in the Wall Street Journal, predicting massive changes in the high-stakes […]

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Commercialization History of Intellectual Property Innovation Patent Law Patent Licensing Patent Litigation Uncategorized

[Archived Post] Guest Post by Wayne Sobon: A Line in the Sand on the Calls for New Patent Legislation

On June 9-11, the IP Business Congress sponsored by Intellectual Asset Magazine (IAM) hosted a debate on the resolution: “This house believes that the America Invents Act should be a legislative line in the sand and that no more reform of the US patent system is needed.” The debate was moderated by Denise DeFranco, a partner with […]

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Biotech Gene Patents Patent Law Uncategorized

[Archived Post] A Critique of a Recent Article Which Found That Sequence Patents Cover the Entire Human Genome

By Professor Christopher Holman [The following is a blog posting by Christopher Holman, a patent law scholar at UMKC School of Law, that he originally posted on April 5, 2013 at his blog, Holman’s Biotech IP Blog, where Professor Holman regularly blogs on important issues in biotech and IP law.  Professor Holman kindly gave us permission to […]

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Commercialization Copyright Copyright Licensing Legislation Supreme Court Uncategorized

[Archived Post] Summary of Kirtsaeng v. John Wiley & Sons by Professor Chris Newman

Kirtsaeng v. John Wiley & Sons, U.S. Supreme Court, decided March 19, 2013 Chris Newman Assistant Professor of Law George Mason University School of Law This is best described as a decision in which the Court felt compelled to choose between two readings of the Copyright Act, either of which led to unpalatable results.   One reading […]

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Legislation Patent Law Patent Licensing Patent Litigation Uncategorized

[Archived Post] Scratching my Head Over the SHIELD Act

By Michael Risch [The following is a blog posting by Michael Risch, a patent law scholar at Villanova Law School, that he originally posted on March 10, 2013 at the law professor group blog, Madisonian.net, where Professor Risch regularly blogs.  Professor Risch kindly gave us permission to repost his blog posting here.] Scratching my Head Over the […]

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Commercialization Copyright Copyright Theory Uncategorized

[Archived Post] Where Are the Creators? Consider Creators in Copyright Reform

Note:  This post was cross-posted at the CATO Unbound on 2/1/2013.  The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that favor to consider the importance of creators. […]

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Commercialization Copyright Copyright Licensing Copyright Theory Uncategorized

[Archived Post] Copyright Reform Through Private Ordering

Note:  This post was cross-posted at the CATO Unbound on 1/14/2013.  The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that fail to understand how copyright’s nature as […]