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

Professor of Law James Grimmelmann, New York Law School, examines Judge Chin’s opinion on the US District Court case of the Authors Guild against Google, commonly referred to as ‘the Google Books Search Settlement.’
Copyright infringement over an apple pie article opens a discussion for ethics and respect in “re-purposing” articles published online. Full disclosure: TAP has permission to re-publish this post from James Grimmelmann’s blog, The Laboratorium.
Jonathan Zittrain, Harvard Law School, discusses the recent exemptions to the Digital Millennium Copyright Act on NPR’s “On the Media.” Excerpts and link to the show’s segment available.
Copyright @ 300: Looking Back at The Statute of Anne and Looking Forward to the Challenges of the Future -- Audio and slides are now available from the conference.
Lawrence Lessig's talk will explore copyright in a digital age, and the importance of a doctrine like fair use for free expression on the Internet.
On Thursday, February 18, the federal court considering the proposed Google Books settlement held an all-day fairness hearing. In addition to the authors, publishers, and Google arguing in favor of the settlement, the court heard from the Department of Justice and twenty-six supporters and opponents of the settlement. Over the course of the day, the "opt-out" nature of the settlement emerged as perhaps _the_ critical issue facing the court.
Last summer, the Berkman Center for Internet & Society hosted several presentations on the Google Book Search Settlement. With today’s fairness hearing on this case, TAP is providing links into the podcasts from the Berkman Center.
On Thursday, a federal district court in New York will conduct the fairness hearing in the Google Book Search class-action case. All of the filings are in --hundreds of them-- and we are now fully ready to hear from Judge Denny Chin. What should we be looking for?
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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

Featured Article

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.

By: Mark Lemley, Joseph Gratz