Category Archives: Intellectual Property

‘Sony, Warner & Universal (mostly don’t) answer questions at the UK Music Streaming Inquiry’

“The Digital, Culture, Media and Sport Committee is examining the impact of music streaming in the Economics of Music Streaming Inquiry. An overview of the inquiry was provided here, and my reflections on some of the issues here. As part of my podcast series Whose Song is it Anyway? We interviewed Tom Gray, the founder […]

Phoebe Li, ‘Intellectual Property for Humanity: A Manifesto’

ABSTRACT This chapter considers the challenge posed by Peter Drahos’ work on the ‘duties of privilege’, and provides a normative analysis of an intellectual property (IP) regime by articulating IP duties as a lens for defining the optimal scope of IP monopolies. It builds on a correlative duty-based approach as a parameter to better approximating […]

‘IFIM Holiday Seminar – Tales of the New Doctors of Law’

“December brought another fascinating conference, this time organised by the Institute of Intellectual Property and Market Law (Institutet för immaterialrätt och marknadsrätt) of Stockholm University, which has a tradition of inviting junior academics and lawyers to speak in its annual Holiday seminar. The 2020 seminar featured researchers who successfully defended their PhD theses in 2020: […]

Eric Goldman, ‘Dear President Biden: You Should Save, Not Revoke, Section 230’

ABSTRACT During the 2020 presidential race, Joe Biden said that he is in favor of repealing Section 230, the law that says websites aren’t liable for third-party content. This open letter to President Biden articulates four principles for his consideration of Section 230. As president, Biden should (1) set the right factual baseline, (2) set […]

Nandita Saikia, ‘Negotiated Content Dissemination Under Copyright Law’

ABSTRACT Copyright does not function in isolation. It is supported by contract law, and it is but one of the laws which governs content, its ownership, use, and dissemination. Focusing on broadcasts, whilst recognising that the processes applicable to them also apply to other forms of dissemination in modified form, this text describes, in broad […]

‘A Natural Intellectual Property Experiment Proves What Is Necessary May Not Be Sufficient’

“On December 1, 2020, Dr Scott Atlas resigned his position as ‘special advisor [on the coronavirus] to the president of the United States’. Many of us breathed a sigh of relief, if through our masks. After all, my Stanford colleagues had voted for a faculty senate resolution, that condemned this Stanford-affiliated man’s ‘disdain for established […]

Sarah Burstein, ‘Whole Designs’

ABSTRACT In the past decade, there has been a renewed interest in the concept of patentable subject matter – that is, what kinds of things can you get a patent for? But this attention has, to date, been focused on utility patents, the patents that protect how things work. There has been scant attention paid […]

Alexis Eun Young Choi, ‘The Right of Publicity: Privacy Reimagined for a Public World, by Jennifer E Rothman’

ABSTRACT In The Right of Publicity, Professor Jennifer E Rothman of Loyola Law School offers an in-depth genealogy of the right of publicity, while navigating through scholarly narratives surrounding its origin. The book contests the current body of literature, which situates the origin of the right of publicity in privacy law. Instead of conceptualizing the […]

Han-Wei Liu, ‘Two Decades of Laws and Practice Around Screen Scraping in the Common Law World and Its Open Banking Watershed Moment’

ABSTRACT Screen scraping – a technique using an agent to collect, parse, and organize data from the web in an automated manner – has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, […]

Jan Biemans, ‘Private Law Regulation of Innovations and Creditors’ Rights: What We Can Learn from Domain Name Rights for Blockchain Rights’

ABSTRACT The most significant innovation in recent years has been blockchain technology. Such innovations demand a response from the law. The most significant innovation of the last twenty-five years has been the internet. The relative lack of government regulation in the domain of public law has been one of the key features of the internet. […]