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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TAP Blog

As 2012 comes to a close, we looked back to see what issues the TAP readers clicked on the most over the year.
Professor Ed Felten, Princeton University, explores the perceptions of rights and responsibilities online by examining copyright statements on Facebook – both from the social media’s terms of use and Facebook’s users.
In the wake of legal threats against users who tweeted or retweeted a link to a BBC report of child abuse that turned out to be wrong, Jonathan Zittrain examines the legal and social impact of using litigation to moderate social network communications.
Professor Joshua Gans, University of Toronto, explores the business of publishers imposing download restrictions on e-devices and questions who gains what with this practice: lock customers in to the hardware’s app store? prevent piracy?
The Berkeley Center for Law and Technology hosted a day-long conference to discuss revising Chinese copyright laws, and enforcement challenges and strategies in China for holders of Chinese intellectual property rights.
Chris Sprigman shares his latest book, co-written with Kal Raustiala, The Knockoff Economy. He looks at innovation and the role of IP protection as well as imitation to foster creativity.
My latest essay for Ars Technica, “Why Johnny Can’t Stream: How Online Copyright Went Insane” is now online. From my perspective, it’s an attempt to tie together my blogging on cases like Aereo, Zediva, and ReDigi and to illustrate what they have in common. From a legal perspective, it’s the story of how the public performance right has gradually made less and less sense over the last few years.
Stan Liebowitz, Professor of Economics at the University of Texas at Dallas, discusses Andrew Popper’s brief on the problems and remedies of software theft. One of the points Professor Liebowitz makes is, “If the legal system of a country allows dishonest firms to gain an advantage over honest firms, then the competition between firms will tend to lead to a race to the bottom where the only firms left are dishonest and not particularly good at producing the products they are selling.”
Professor Randal Picker, University of Chicago, examines the recent “usedSoft v. Oracle” case in Europe, which raises questions at the intersection of copyright and contract. Though there are different approaches taken in the United States and the European Union regarding sale of copyright materials, with the increase of digital works downloaded over the Internet, the issues explored in this case are rising in importance.
We recently sat down with Stan Liebowitz to discuss his work on piracy and economics, as well as learn a little bit more about his journey from an ice cream vendor to one of the brightest scholars in the technology policy world.
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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

Lawsuit Over Online Book Lending Could Bankrupt Internet Archive

“It seems like the publishers have a pretty strong case. I think there are arguments for fair use, but they're not terribly strong arguments.”
 — James Grimmelmann, Professor of Law, Cornell University
James Grimmelmann
Ars Technica
June 1, 2020

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