A petition at whitehouse.gov went live this morning, asking that the fruits of taxpayer-funded research be made publicly accessible — in effect broadening the existing NIH policy.
Go to access2research.org for more information about this campaign, and a link to the petition page. The organizers are hoping to get 25,000 signatures, and to get to that level [...]
Entries Tagged as 'Law & Technology'
Open Access Petition
May 21st, 2012 · No Comments
Tags: Law & Technology
On Fair Use at Georgia State
May 17th, 2012 · No Comments
James Grimmelmann has a great post at The Laboratorium summarizing and critiquing the recent fair use opinion in the so-called Georgia State case, Cambridge University Press v. Becker.
Tags: Law & Technology
Contrarian Statutory Interpretation Continued (CDA Edition)
May 16th, 2012 · No Comments
Following my contrarian post about how to read the Computer Fraud and Abuse Act, I thought I would write about the Communication’s Decency Act. I’ve written about the CDA before (hard to believe it has been almost 3 years!), but I’ll give a brief summary here.
The CDA provides immunity from the acts of users of [...]
Tags: Law & Technology · Online Norms and Culture
Rushdie on Originality and Censorship
May 16th, 2012 · No Comments
Salman Rushdie’s PEN lecture, posted in part at The New Yorker:
Great art, or, let’s just say, more modestly, original art is never created in the safe middle ground, but always at the edge. Originality is dangerous. It challenges, questions, overturns assumptions, unsettles moral codes, disrespects sacred cows or other such entities. It can be shocking, [...]
Tags: Law & Technology
Ouch.
May 16th, 2012 · No Comments
The economics of the legal profession are so bad …. (How bad are they?) They’re so bad that bright students are advised to ram their heads into solid objects at high speed, repeatedly, for a chance to earn a living for a few years, rather than enroll in law school. Here’s the take of Above [...]
Tags: Law & Technology
The Carr-Benkler Wager, Revisited
May 15th, 2012 · No Comments
Yochai Benkler has launched a blog, and in his first post he addresses the Carr-Benkler Wager, the long-standing bet that he made with Nicholas Carr about whether the most influential sites on the Internet will be peer-produced or price-incentivized.
Benkler’s post
Carr’s response (also posted as a comment to Benkler)
They disagree about the most basic terms of [...]
Tags: Law & Technology
Taking Copyright Where You Find It
May 15th, 2012 · No Comments
Copyright questions pop up in the most unexpected yet ordinary places. I got in a cab late last night at the Pittsburgh airport. As I sat down, the driver, an African-American man who looked to be younger than I am by maybe 10 years, turned down a hip hop track that he was playing very [...]
Tags: Law & Technology
When a Good Interpretation is the Wrong One (CFAA Edition)
May 3rd, 2012 · No Comments
In this post, I want to revisit the CFAA and the Nosal case. I wrote about this case back in April 2011 (when the initial panel decision was issued), and again in December (when en banc review was granted). It’s hard to believe that it has been more than a year!
I discuss the case in [...]
Tags: Law & Technology
Symposium Summary: Julie Cohen, Configuring the Networked Self
May 3rd, 2012 · 2 Comments
Back in March, Concurring Opinions convened a wonderful virtual symposium on Julie Cohen’s new book, Configuring the Networked Self.
Here, collected in one place, are all of the posts. (At least, I believe that this is everything!)
Danielle Citron sets the stage.
Danielle Citron welcomes the guests.
Deven Desai on why now?
Julie herself offers some questions.
Hector Postigo on the [...]
Tags: Law & Technology
Will We Finally Have a la Carte T.V. Content?
May 1st, 2012 · No Comments
The days of stopping someone from watching show X on a large T.V. but through and Internet device should be numbered. Google TV crashed. Fine, things fail. But the general blocking of content based on medium is a dying strategy. We are in stage 2 of the death of T.V., as we know it. [...]
Tags: Copyright Law · Intellectual Property Law · Law & Technology
Open Access Move at Harvard
April 25th, 2012 · No Comments
From the Guardian: ”Exasperated by rising subscription costs charged by academic publishers, Harvard University has encouraged its faculty members to make their research freely available through open access journals and to resign from publications that keep articles behind paywalls. … A memo from Harvard Library to the university’s 2,100 teaching and research staff called for [...]
Tags: Law & Technology
On Frischmann on Infrastructure at Co-Op
April 24th, 2012 · No Comments
The Concurring Opinions online symposium on Brett Frischmann’s wonderful new Infrastructure: The Social Value of Shared Resources has just gotten started.
Here is Brett’s framing post.
Here is a post on education as infrastructure, from Deven Desai.
Marvin Ammori on the breadth of the book.
Adam Thierer on what the book does not address.
Barbara Cherry on infrastructure and governance.
Frank Pasquale on [...]
Tags: Law & Technology
Next week, Concurring Opinions hosts a symposium on Infrastructure: The Social Value of Shared Resources
April 19th, 2012 · No Comments
Next week, Concurring Opinions will host a symposium on my book, Infrastructure: The Social Value of Shared Resources. Needless to say, I am excited and anxious, and I hope you’ll join in the conversation.
The book is described here (OUP site) and here (Amazon). The Introduction and Table of Contents are available here.
Tags: Law & Technology
David Thorne Fights a Penguin
April 11th, 2012 · No Comments
Those interested in trademark disputes may enjoy this story (at least in the telling). David Thorne published his 2011 book “The Internet is a Playground” with Penguin Press, and it included the Penguin Press logo on its spine.
His latest book, not published by Penguin, is entitled, “I’ll go Home Then; It’s Warm and Has Chairs” [...]
Tags: Law & Technology
Viacom v. YouTube: Not a Surprise
April 5th, 2012 · 1 Comment
As I mentioned below, the long-awaited Second Circuit decision in Viacom v. YouTube and its companion case, Football Association Premier League v. YouTube, was handed down today, with the Second Circuit reversing the district court opinion in part, affirming in part, and remanding for another round of summary judgement motions (yeehaw!) consistent with the opinion. [...]
Tags: Copyright Law · Law & Technology
Viacom/FAPL v. YouTube 2d Circuit Decision Handed Down
April 5th, 2012 · No Comments
I just noticed this and haven’t had time to read it, but here it is. Here’s the first paragraph:
Appeal from the judgment of the United States District Court for the Southern District of New York (Louis L. Stanton, Judge), granting summary judgment to the defendants-appellees on all claims of direct and secondary copyright infringement based [...]
Tags: Copyright Law · Law & Technology
Infrastructure: The Social Value of Shared Resources
April 2nd, 2012 · 1 Comment
I am excited to announce that Oxford University Press has published my book, Infrastructure: The Social Value of Shared Resources. I owe a huge debt to my Madisonian colleagues for their support along the way. I will post more about the book in the next few weeks, but here are some links and a short [...]
Tags: Commons · Copyright Law · Ideas · Intellectual Property Law · Law & Technology · Online Norms and Culture · Patent Law · Trademark Law
New in Law School Publications from Sweet & Maxwell
March 27th, 2012 · 1 Comment
Hot off the presses and ready for use in your classes this fall, it’s Oliphant and Lloyd’s The Law of Horses, Including the Law of Innkeepers, Veterinary Surgeons, etc., and of Hunting, Racing, Wagers & Gaming, 5th ed.
Chapters include:
Contracts Concerning Horses
Horsedealers, Repositories and Auctions
Horse Stealing, and the Recovery of Stolen Horses
What Diseases or Bad Habits [...]
Tags: Just for Fun · Law & Technology
Patentable Subject Matter, the Supreme Court, and Not Me
March 21st, 2012 · No Comments
Unlike Michael Risch (who richly deserved the multiple shout-outs from the Supreme Court), I did not get a citation (even to my brief) in the Mayo v. Prometheus case, having argued for the major points that the Court adopted (with some important differences that I’ll discuss below). Nevertheless, I’m celebrating, and all the more [...]
Tags: Law & Technology
I Love LA!
March 21st, 2012 · 2 Comments
@reaperthekeeper : The Hollywood Chamber of Commerce apparently is trying to enforce its trademark in the “Hollywood” sign against LA Kings (ice hockey) goalie Jonathan Bernier, who wears a mask emblazoned with an image of the sign and other Southern California iconography. So reports Yahoo! Sports.
On behalf of sensible trademark lawyers everywhere, let me say [...]
Tags: Law & Technology