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DIGITAL SAMPLING OF MUSIC AND COPYRIGHTS: IS IT INFRINGEMENT, FAIR USE, OR SHOULD WE JUST FLIP A COIN?

Posted in All Articles, Copyright, Featured | Posted by admin

D.J. Girl Talk is one of the budding artists in the music industry today, and his instrument is a laptop. D.J. Girl Talk (hereinafter also referred to as “Girl Talk”), whose real name is Gregg Gillis, “samples,” or uses short clips, from other artists’ songs to create popular dance music. Girl Talk’s songs combine old, [...]

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File Sharing: A Tool for Innovation, or a Criminal Instrument?

Posted in Computing, Copyright, Featured, Uncategorized | Posted by admin

The dawn of peer-to-peer networks and the subsequent rise of file sharing over the Internet have proved to be a considerable threat to the revenues of the Recording Industry Association of America (“RIAA”) and the international music community.  While early music downloading across peer-to-peer networks on the Internet was largely limited “to college students with [...]

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AVOID THE RAINY DAY: SURVEY OF U.S. CLOUD COMPUTING CASELAW

AVOID THE RAINY DAY: SURVEY OF U.S. CLOUD COMPUTING CASELAW

Cloud computing, a computer networking model that gives users on-demand access to shared software applications and data storage, [1] is becoming increasingly popular among businesses and individuals. For example, if you use Google’s Gmail [2] for your email and calendaring, or Snapfish [3] for your online photo sharing and storage; or if your business remotely [...]

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ON FEDERAL PREEMPTION OF CONTRACTUAL FIRST SALE WAIVERS

Posted in All Articles, Copyright, Featured | Posted by admin
ON FEDERAL PREEMPTION OF CONTRACTUAL FIRST SALE WAIVERS

History has venerated the free transfer of tangible property, and this is partly why students of copyright law can purchase their textbooks “used” at discount prices. [1] If 2L Dave buys Professor William Patry’s copyright treatise at the bookstore, Dave acquires title to the book and can freely transfer it to thrifty 1L Sara the [...]

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A CONSTITUTIONAL RIGHT TO DECEIVE?: THE FIRST AMENDMENT IMPLICATIONS OF REGULATING PAY PER CLICK

Posted in All Articles, Copyright, Featured, Trademark | Posted by admin
A CONSTITUTIONAL RIGHT TO DECEIVE?: THE FIRST AMENDMENT IMPLICATIONS OF REGULATING PAY PER CLICK

Mainstream search engines derive their principal source of revenue from advertising. [1] Pay Per Click Advertising (hereinafter “Paid Placement”) is one of the most widely utilized advertising practices, offering content providers the opportunity to create short textual advertisements hyperlinked to their website. [2] Providers bid on keywords associated with their advertisement, [3] and when a [...]

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PATENT LITIGATION: WHAT ABOUT QUALIFICATION STANDARDS FOR COURT APPOINTED EXPERTS?

Posted in All Articles, Featured, Patent | Posted by admin
PATENT LITIGATION: WHAT ABOUT QUALIFICATION STANDARDS FOR COURT APPOINTED EXPERTS?

Abstract–“The descriptions in patents are not addressed to the public generally, to lawyers or to judges, but, as [35 U.S.C.] section 112 states, to those skilled in the art to which the invention pertains ***.” [1] This leads to a tenet of patent law, that the meaning of patents and claim terms must be construed [...]

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PROVERIS v. INNOVASYSTEMS: REDEFINING A PATENTED INVENTION UNDER § 271(E)(1): An Examination of the Federal Circuit’s Narrowing of the § 271(e)(1) “Safe Harbor” Exemption

Posted in All Articles, Featured, Patent | Posted by admin
PROVERIS v. INNOVASYSTEMS: REDEFINING A PATENTED INVENTION UNDER § 271(E)(1): An Examination of the Federal Circuit's Narrowing of the § 271(e)(1) “Safe Harbor” Exemption

The Food and Drug Administration’s (“FDA”) regulation of drugs and medical devices impacts the everyday lives of Americans in both noticeable and inconspicuous ways. [1] For example, a recall of contaminated food or adulterated pharmaceuticals illustrates how the FDA noticeably affects impacts our everyday lives. [2] Additionally, unobservable consequences springing from the overlap between FDA [...]

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