Take Down/Stay Down: RIP in France? But Little Solace for Google…

By |2018-07-03T17:56:55-04:00August 6th, 2012|Intellectual Property Issues|

Prof. Jane C. Ginsburg, Columbia University School of Law* August 6, 2012 My last column, “Host Service Provider Liability for User-Posted Content: A View from the EU,” discussed two first-instance decisions from France and Germany concerning host service provider liability for “user-generated content” that infringes copyright.  In both cases, the courts confronted the EU norm [...]

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Clear Channel CEO Bob Pittman To Head New Free Speech Week Advisory Council

By |2018-03-18T20:53:15-04:00July 30th, 2012|Press Releases|

FOR RELEASE: July 30, 2012 Contact: Richard T. Kaplar The Media Institute 703-243-5700 Arlington, Va., July 30 – The Media Institute, a nonprofit non-partisan independent education and research foundation focusing on communications policy issues, announced today that Bob Pittman, CEO of Clear Channel, will chair a newly formed Advisory Council for Free Speech Week [...]

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Apple v. Samsung

By |2018-06-01T14:18:02-04:00July 30th, 2012|Intellectual Property Issues|

Prof. Doug Lichtman, UCLA School of Law July 30, 2012 Apple and Samsung have dozens of patent claims pending against one another worldwide, but this week one of the biggest patent trials begins: a case that will be heard in the Northern District of California and could ultimately implicate as many as 27 patents.  Here [...]

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usedSoft GmbH v. Oracle: Are You Exhausted Yet?

By |2018-07-02T12:58:15-04:00July 19th, 2012|Intellectual Property Issues|

Prof. Randal C. Picker, University of Chicago Law School July 19, 2012 On July 3, 2012, the European Court of Justice issued an important ruling on the question of the sale of used digital works.  The case raises questions at the intersection of copyright and contract, and we are seeing different approaches taken in the [...]

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Host Service Provider Liability for User-Posted Content: A View From the EU

By |2018-07-03T17:58:06-04:00June 18th, 2012|Intellectual Property Issues|

Prof. Jane C. Ginsburg, Columbia University School of Law June 18, 2012 The Second Circuit’s April 5 decision in Viacom, Inc. v. YouTube, Inc., finding YouTube covered by the DMCA host service provider safe harbor with respect to most of its hosting of repeatedly posted infringing content, now has echoes in two EU jurisdictions, in [...]

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Retaliation as Patent Strategy

By |2018-06-01T14:18:45-04:00June 12th, 2012|Intellectual Property Issues|

Prof. Doug Lichtman, UCLA School of Law June 12, 2012 Earlier this year, Yahoo made headlines when it filed a blockbuster patent lawsuit against Facebook.  The basics of the case looked promising.  Yahoo could credibly cast itself as an Internet pioneer; and the company has a promising portfolio of patents related to online advertising and [...]

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An Uneasy Truce: SSOs and Patent Litigation in Mobile Telephony

By |2018-07-03T17:57:25-04:00June 8th, 2012|Intellectual Property Issues|

Prof. Robert P. Merges, University of California at Berkeley School of Law June 8, 2012 The mobile phone patent wars, which have been heating up over the past year and more, serve up a dizzying array of complex issues.  This begins with the technology itself – a marvelous marriage between miniature hardware, sophisticated communications, and amazing [...]

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Copyright and Federal Supremacy

By |2018-07-03T17:58:35-04:00May 29th, 2012|Intellectual Property Issues|

Prof. James Gibson, University of Richmond School of Law May 29, 2012 The extent of federal power over our lives has been much in the news recently, what with the Supreme Court holding days of hearings on whether the Affordable Care Act is an unconstitutional exercise of Congress’s power under the Commerce Clause.  Like the [...]

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Copyright, Day 1

By |2018-06-01T14:19:35-04:00May 22nd, 2012|Intellectual Property Issues|

Prof. Randal C. Picker, University of Chicago Law School May 22, 2012 One of the nice things about teaching is that you are constantly forced to confront the fundamentals of whatever subject you have in front of you.  For me, when I teach copyright, I start the class with a blank piece of paper.  Really [...]

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Secondary Patent Markets: A Possible Role for Startups

By |2018-07-03T17:59:03-04:00May 17th, 2012|Intellectual Property Issues|

Prof. Robert P. Merges, University of California at Berkeley School of Law May 17, 2012 The secondary patent market is red hot these days.1   The focus, almost exclusively, is on the purchase and sale of large-scale patent portfolios.  Some of these transactions stem from technologies that are no longer considered strategically crucial to the selling [...]

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