About Peter S. Menell

This author has not yet filled in any details.
So far Peter S. Menell has created 24 blog entries.

Copyright Infringement Conflation

Professor Peter S. Menell, University of California at Berkeley School of Law October 26, 2011 I have long wondered how so many copyright scholars could be so deeply troubled by adding of 20 years to the end of the copyright term in the 1998 Copyright Term Extension Act and yet be so untroubled by the effective [...]

By |2018-07-04T14:02:55-04:00October 26th, 2011|Intellectual Property Issues|Comments Off on Copyright Infringement Conflation

If Silicon Valley Builds Legal Celestial Jukeboxes, Will Music Fans Return to the Market?

Prof. Peter S. Menell, Director Berkeley Center for Law & Technology University of California at Berkeley School of Law July 26, 2011 In the 1989 sports drama, “Field of Dreams,” struggling Iowa corn farmer Ray Kinsella hears a whisper: “If you build it, he will come.”  Rebelling against his father’s lack of spontaneity and following [...]

By |2018-06-04T16:50:40-04:00July 26th, 2011|Intellectual Property Issues|Comments Off on If Silicon Valley Builds Legal Celestial Jukeboxes, Will Music Fans Return to the Market?

The Digital Music Cloud Dilemma: ‘Poker Face,’ ‘Go Your Own Way,’ and ‘Imagine’

Prof. Peter S. Menell, University of California at Berkeley School of Law Director, Berkeley Center for Law & Technology May 13, 2011 A new digital music era has arrived.  Amazon’s Cloud Drive web storage application introduced on March 29th, followed last week by the announcement of Google’s Music Beta storage locker system, ushers in a [...]

By |2018-06-04T12:38:13-04:00May 13th, 2011|Intellectual Property Issues|Comments Off on The Digital Music Cloud Dilemma: ‘Poker Face,’ ‘Go Your Own Way,’ and ‘Imagine’

Rising from the Ashes of the Google Books Settlement

Prof. Peter S. Menell, University of California at Berkeley School of Law Director, Berkeley Center for Law & Technology April 7, 2011 Two weeks ago, Judge Denny Chin rejected the proposed settlement of the Google Books litigation.  While acknowledging many benefits of the proposal in terms of preserving books, making books more accessible, and enhancing [...]

By |2018-06-04T12:35:45-04:00April 7th, 2011|Intellectual Property Issues|Comments Off on Rising from the Ashes of the Google Books Settlement

Internet Freedom, Freedom of Expression, and Copyright Enforcement

Prof. Peter S. Menell, University of California-Berkeley School of Law February 23, 2011 During the past week, revolution in the Middle East and digital copyright enforcement converged.  As widely reported in the press, the dramatic protests that toppled governments in Tunisia and Egypt, and have destabilized other dictatorships, were facilitated in part by social networking [...]

By |2018-07-04T10:41:55-04:00February 23rd, 2011|Intellectual Property Issues|Comments Off on Internet Freedom, Freedom of Expression, and Copyright Enforcement

Interpreting Intellectual Property Law: Text, Context, and Jurisprudence

Professor Peter S. Menell Director, Berkeley Center for Law & Technology University of California at Berkeley School of Law December 14, 2010 When the Supreme Court granted certiorari in Bilski v. Kappos 18 months ago, the patent community was galvanized.  In view of the murky and conflicting reasoning of the Court’s software patent cases from [...]

By |2018-07-04T10:42:19-04:00December 12th, 2010|Intellectual Property Issues|Comments Off on Interpreting Intellectual Property Law: Text, Context, and Jurisprudence

Exhuming Copyright’s Lost Ark to Interpret the Distribution Right

Professor Peter S. Menell Director, Berkeley Center for Law & Technology University of California at Berkeley School of Law October 20, 2010 Prior to the emergence of peer-to-peer technology, the Copyright Act’s distribution right was largely dormant.  Most enforcement actions were premised upon violations of copyright’s reproduction right.  The relatively few cases invoking the distribution [...]

By |2018-06-05T13:42:33-04:00October 20th, 2010|Intellectual Property Issues|Comments Off on Exhuming Copyright’s Lost Ark to Interpret the Distribution Right

Assessing the DMCA Safe Harbors: The Good, the Bad, and the Ugly

Professor Peter S. Menell, Director, Berkeley Center for Law & Technology, University of California at Berkeley School of Law August 31, 2010 With nearly 12 years of experience, we are now in a better position to assess the effects of the Digital Millennium Copyright Act (DMCA) Section 512 safe harbors.  At the time that Congress [...]

By |2018-06-05T13:41:28-04:00August 18th, 2010|Intellectual Property Issues|Comments Off on Assessing the DMCA Safe Harbors: The Good, the Bad, and the Ugly

The iPad and the Future of Expressive Creativity: An Open Letter to Steve Jobs

Peter S. Menell, Professor of Law Director, Berkeley Center for Law & Technology University of California at Berkeley School of Law June 11, 2010 Dear Steve: Congratulations on the iPad, yet another revolutionary product – perhaps Apple’s most transformative.  In just a few months, the iPad has broken through the digital book reader barrier – [...]

By |2018-06-05T11:27:48-04:00June 11th, 2010|Intellectual Property Issues|Comments Off on The iPad and the Future of Expressive Creativity: An Open Letter to Steve Jobs

Lies, Damned Lies, and [Characterizations of Digital Piracy] Statistics: A Call for Moderation

Peter S. Menell, Professor of Law and Director Berkeley Center for Law and Technology University of California at Berkeley School of Law May 5, 2010 Mark Twain’s popularization of Benjamin Disraeli’s oft-quoted quip – “[t]here are three kinds of lies: lies, damned lies, and statistics” – has taken on new relevance in the latest round [...]

By |2018-07-03T17:41:21-04:00May 5th, 2010|Intellectual Property Issues|Comments Off on Lies, Damned Lies, and [Characterizations of Digital Piracy] Statistics: A Call for Moderation
Go to Top