Title
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Author
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Year
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Speech Across Borders
Several courts have ordered online service providers to take down content worldwide. Other rules restrict speech depending on the nationality and location of the speaker. Tech firms also curate content on a global scale.
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Jennifer Daskal |
2019 |
Prize and Reward Alternatives to Intellectual Property
Some scholars have proposed prize or reward systems to encourage inventors and creators, as an alternative to the current intellectual property system. Designing prize and reward systems is challenging.
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Michael B. Abramowicz |
2019 |
Privacy as Commons: Case Evaluation Through the Governing Knowledge Commons Framework
“Privacy” is best defined as a matter of the appropriate flow of information. A concept known as the “general knowledge commons” helps analyze privacy problems, although the concept was developed for creative content rather than privacy analysis.
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Katherine Strandburg, Brett M. Frischmann |
2018 |
Law, Virtual Reality, and Augmented Reality
Virtual Reality (VR) and Augmented Reality (AR) will be widely used for social and commercial purposes. AR and VR will sometimes be used to harm others, testing the limits of criminal, civil, and constitutional law.
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Mark Lemley, Eugene Volokh |
2018 |
Platforms and Interoperability in Oracle v. Google
Software made by one firm often needs to work with software made by other firms. In Oracle v. Google, a federal court will consider whether copyright law will change to hinder software interoperability.
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Mark Lemley, Joseph Gratz |
2018 |
Trademark Strength and Fame: The Federal Circuit Corrects the Trademark Trial and Appeal Board
In 2017, the United States Court of Appeals for the Federal Circuit decided the Joseph Phelps Vineyards case, reversing the Patent and Trademark Office's Trademark Trial and Appeal Board’s (TTAB) decision in a case asking whether consumers would likely be confused by a new trademark.
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J. Thomas McCarthy |
2018 |
Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement
Copyright law protects the expressive elements of created works, but not the work’s function. But expressive elements of software programs are hard to distinguish from functional elements. Elements needed to interoperate with other programs should not be protected by copyright.
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Pamela Samuelson |
2017 |
What We Buy When We Buy Now
Many consumers are unaware that digital books, movies, or musical work cannot be transferred to others. Because consumers’ expectations are shaped in markets for tangible books, records, and CDs, sellers’ use of terms like “buy now” for digital media is deceptive.
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Chris Hoofnagle, Aaron Perzanowski |
2017 |
Intellectual Property: A Very Short Introduction
Intellectual property (IP) law includes copyright, patent, trademark, and trade secret law. Some scholars advocate revisiting and reforming fundamental principles of IP law, because it can be overly complex, raise prices, and restrict free expression and innovation.
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Siva Vaidhyanathan |
2017 |
Understanding the Consumer Review Fairness Act of 2016
The Consumer Review Fairness Act of 2016 (CRFA) bars businesses from requiring their customers to agree not to post online reviews. These “anti-review” clauses prevented consumers from leaving feedback that would identify poorly run businesses.
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Eric Goldman |
2017 |