All Article Summaries

Europe has adopted new rules expanding the liability of some internet service providers (ISPs) for user content that infringes copyright. In the United States, similar rules have been proposed.

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.

Copyright law protects works of authorship, and utility patent law protects technological designs. Products like toys and software are sometimes eligible for both types of protection. Courts resist extending copyright and design patent protection simultaneously.

The “Merger Doctrine” is a defense to a charge of copyright infringement. Some ideas can only be expressed a certain way; courts say that the idea merges with the author’s choice of expression. Merger is important in many cases, including those involving software and depictions of nature.

The Copyright Office has proposed that an extended collective license (ECL) be created to allow mass digitization of some copyrighted works. For several reasons, the Copyright Office plan is not workable.

The book offers broad coverage of U.S. software and Internet law especially in IP, licensing and cyberlaw.

This paper looks at policy issues relating to the settlement of a copyright suit against Google Book Search.

Describes the costs and benefits of opting out or objecting to the proposed Google Book Search (GBS) settlement.

This paper asks if patents on communications technology make it hard for firms to build products that work together.

This paper explains why damages awarded in copyright cases are often unfair.