Showing archive for: “Copyright”
Welcome guest blogger David Olson
I’m delighted to announce that David Olson will be guest blogging at Truth on the Market this summer. David is an Associate Professor at Boston College Law School. He teaches antitrust, patents, and intellectual property law. Professor Olson’s writing has been cited in Supreme Court and other legal opinions. Olson came to Boston College from Stanford ... Welcome guest blogger David Olson
Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute
Public policies that rely on free-market forces and avoid government interventions that distort terms of international trade benefit producers, consumers, and national economies alike. The full benefits of international trade will not be realized, however, if sales and purchase decisions are distorted by anticompetitive behavior or other illegitimate commercial conduct (such as theft, fraud, or ... Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute
Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM
On Friday the the International Center for Law & Economics filed comments with the FCC in response to Chairman Wheeler’s NPRM (proposed rules) to “unlock” the MVPD (i.e., cable and satellite subscription video, essentially) set-top box market. Plenty has been written on the proposed rulemaking—for a few quick hits (among many others) see, e.g., Richard ... Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM
Time To Make The Donuts: Self-Help Agreements and ICANN Accountability
It seems like debates that involve the ability to access the Internet fall into absolutism very quickly. One could almost construct a corollary of Godwin’s law: As the length of a policy discussion involving the Internet increases, the probability of someone claiming a nefarious plot to destroy the Internet approaches 1. Should there be zero-rated ... Time To Make The Donuts: Self-Help Agreements and ICANN Accountability
Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to reverse the decision of the Second Circuit. That decision found per se illegality under the Sherman Act, for Apple’s efforts ... Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
ICLE files an Amicus Brief In Fox v. Aereo Killer
On Wednesday, the International Center for Law & Economics, along with the Competitive Enterprise Institute, filed an amicus brief in the Ninth Circuit Court of Appeals supporting the appellants in Fox Television Stations, Inc. v. Aereo Killer LLC. The case arose out of Aereo Killer’s Internet video platform, from which it would retransmit content without ... ICLE files an Amicus Brief In Fox v. Aereo Killer
Geoffrey Manne at Cato to Discuss the Federal Circuit’s Error in ClearCorrect
Tomorrow, Geoffrey Manne, Executive Director of the International Center for Law & Economics, will be a panelist at the Cato Institute’s Policy Forum, “The ITC and Digital Trade: The ClearCorrect Decision.” He will be joined by Sapna Kumar, Associate Professor, University of Houston Law Center and Shara Aranoff, Of Counsel, Covington and Burling LLP, and ... Geoffrey Manne at Cato to Discuss the Federal Circuit’s Error in ClearCorrect
The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
Today, in ClearCorrect Operating, LLC v. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit held that electronic transmissions of digital data from abroad do not involve the importation of “articles” for purposes of Section 337 of the Tariff Act (“Section 337,” 19 U.S.C. § 1337), thereby stripping the U.S. International Trade ... The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
A Takedown of Common Sense: The 9th Circuit Overturns the Supreme Court in a Transparent Effort to Gut the DMCA
The Ninth Circuit made waves recently with its decision in Lenz v. Universal Music Corp., in which it decided that a plaintiff in a copyright infringement case must first take potential fair use considerations into account before filing a takedown notice under the DMCA. Lenz, represented by the EFF, claimed that Universal had not formed ... A Takedown of Common Sense: The 9th Circuit Overturns the Supreme Court in a Transparent Effort to Gut the DMCA
Suprema v. ITC: The Case for Chevron Deference
Recently, the en banc Federal Circuit decided in Suprema, Inc. v. ITC that the International Trade Commission could properly prevent the importation of articles that infringe under an indirect liability theory. The core of the dispute in Suprema was whether § 337 of the Tariff Act’s prohibition against “importing articles that . . . infringe ... Suprema v. ITC: The Case for Chevron Deference
Passive Resistance and Contributory Liability
If you haven’t been following the ongoing developments emerging from the demise of Grooveshark, the story has only gotten more interesting. As the RIAA and major record labels have struggled to shut down infringing content on Grooveshark’s site (and now its copycats), groups like EFF would have us believe that the entire Internet was at ... Passive Resistance and Contributory Liability
Don’t wanna brag or nothin, but critics have been right about net neutrality so far: TWC complaint and the Consumer Watchdog petition show it
Remember when net neutrality wasn’t going to involve rate regulation and it was crazy to say that it would? Or that it wouldn’t lead to regulation of edge providers? Or that it was only about the last mile and not interconnection? Well, if the early petitions and complaints are a preview of more to come, ... Don’t wanna brag or nothin, but critics have been right about net neutrality so far: TWC complaint and the Consumer Watchdog petition show it
