Intellectual Property

Copyright and Trademark

Copyrights and trademark are both types of intellectual property (IP). Copyright is a legal term describing rights given to creators for their literary and artistic works. A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment.

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Berkeley law professor Pamela Samuelson’s recent article examines proposed reforms of the DMCA’s safe harbor rules that limit the liability of ISPs hosting user-generated content. Professor Samuelson urges Congress to “take a balanced approach” and “consider the interests of a wide range of stakeholders”.
Section 230 and user-generated content are among the issues highlighted in law professor Eric Goldman’s recap of 2019’s Internet law issues.
A new paper by Santa Clara University’s Eric Goldman and Northeastern Law’s Jessica Silbey provides a roadmap to distinguish the legitimate and illegitimate bases for protecting privacy via copyright.
In honor of World IP Day, TAP highlights a few of the articles and scholars that examine intellectual property technology-policy issues.
Cornell law professor James Grimmelmann provides an overview of Judge Gorsuch’s opinions from IP and Internet law cases. Justice Neil Gorsuch is President Trump’s nominee for the U.S. Supreme Court.
Law Professor James Grimmelmann, Cornell Tech and Cornell Law School, shares insights from a symposium on computer-authored works.
Professor Pamela Samuelson, University of California, Berkeley, explains why Google’s win in the Oracle v. Google case is valuable for all software developers as well as the general public.
Debates on the impact of the Oracle v. Google decision. This is the second report in a 7-part series of posts from The 20th Annual BCLT/BTLJ Symposium.
Examine six decades of legal changes in how copyright, patent, and trade secret has been used to protect software. This is the first report in a 7-part series of posts from The 20th Annual BCLT/BTLJ Symposium.
This post introduces a 7-part series of reports from The 20th Annual BCLT/BTLJ Symposium.
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Fact Sheets

Piracy and IP Enforcement

In the context of technology, “piracy” is a colloquial term for the illegal copying of copyrighted works. The related problem of counterfeiting is the illegal reproduction of patented or trademarked products.

Quote

Google’s Supreme Court Faceoff with Oracle Was a Disaster for Google

There's a real chance the Supreme Court could focus on this issue [the copyright status of APIs] in its decision—perhaps sending the case back down to the lower courts for even more litigation. — James Grimmelmann, Professor of Law, Cornell Tech and Cornell Law School

James Grimmelmann
Ars Technica
October 8, 2020

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Featured Article

Deterring Cybercrime: Focus on Intermediaries

Cybercriminals rely on intermediary firms such as banks, and shippers to sell products and collect payments. Governments, intellectual property owners, and technology companies can police cybercriminals by policing these intermediaries, but this raises due process and fairness concerns.

By: Chris Hoofnagle, Aniket Kesari, Damon McCoy

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