STLR Volume X
STLR Volume X has been published, and is available in full from the Volume X archive page. We’re excited about the quality of the pieces in this volume. Articles include pieces on computer simulation of patent economics, reformation of the mailbox rule, and research fraud. In addition, there are pieces on patent judges, KSR, eBay, [...]
US v. Miller and “Voluntary” Data Handover, c. 2009
In United States v. Miller, the Supreme Court held that there is no reasonable expectation of privacy in financial records maintained by a bank, because the information was voluntarily conveyed by the defendant to a third party (the bank). With new legislation mandating more data retention in the works, this is an appropriate time to [...]
Durham Statement on Open Access
A group of law librarians recently published the Durham Statement on Open Access, calling on law journals to “mak[e] the legal scholarship they publish available in stable, open, digital formats in place of print.” The rationale, which is well worth reading, includes issues both timely (the economy) and timeless (the environment and access to education). [...]
John McCain and the Music Makers
Senator John McCain’s presidential campaign recently raised the hackles of a number of prominent recording artists for using their music in TV ads and at rallies.1 The all-star lineup of affronted artists included Van Halen (for use of “Right Now;” they also objected to George W. Bush’s use in 2004), Foo Fighters (for use of [...]
Amazon Kindle and Sony Reader Locked Up: Why Your Books Are No Longer Yours
Many users are unhappy that e-book readers, such as the Sony Reader and the Amazon Kindle, restrict the sharing, borrowing and transferring of e-books. While some argue that the “first sale” doctrine should allow users to transfer an e-book in the same manner as a hard-copy book, these contentious restrictions may be valid under current [...]
How Legal Fees Might Stop the RIAA’s Campaign Against File Sharing
It’s no secret that the Recording Industry Association of America (RIAA) has responded to the growth of online file sharing with a wave of copyright infringement litigation. Often, the individuals targeted by the RIAA fear the overwhelming costs of defending themselves in court, and many have agreed to pay large settlements. A current federal case [...]
Digital Rights Management: Amazon Versus iTunes
Everyone has heard of Amazon and iTunes. Chances are, you have also heard about the controversies surrounding file sharing and MP3s. But another three-letter acronym that is controversial these days is DRM – Digital Rights Management. With much fanfare, Amazon entered into the online music distribution business on September 25, 2007. Its major selling points? [...]
Legal Trouble for Torrents
In recent years, file-sharing has spurred a bitter battle between proponents of free media and enforcers of intellectual property rights. After the Napster file-sharing model collapsed under numerous lawsuits, a new file-sharing method known as torrent websites emerged to fill the void. Now these immensely popular torrent websites are facing legal problems of their own. [...]
Net neutrality and the FCC: what’s being done to preserve it
Intro The issue of net neutrality (i.e. internet or network neutrality) is essentially a battle over how much control internet providers should have in deciding whether to give preferences to different sites and online applications. The battle lines are drawn over whether ISPs should have the right to exact direct control over the content and [...]
Apple / Cisco iPhone litigation primer, part 1 – what’s in a trademark?
We’re all pretty well familiar with the term trademark, and what it represents: a unique “mark” used to identify a product’s source, and to distinguish the product from goods made by others. But before we can get into iPhone vs. iPhone (in part 2), we have to dot our Is and cross our Ts, so [...]