Vol. 3 No. 6 July/August. 2011:
Open Source Licensing

LandslideDigital Open Source Licensing
and Viability of the Free Software Movement

By Sean Hogle

The Ninth Circuit’s ruling in MDY Industries, LLC v. Blizzard Entertainment, Inc., limits open source licensors’ ability to enforce notice, attribution, and copyleft obligations. It also forecloses the possibility of copyright remedies and affects the viability of the free software movement by depriving copyright owners of a means of controlling the use and distribution of their works.

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The following articles from Vol.3 No.6 July/August. 2011
are available to Section members.

Lined Up for Change: Patent Reform 2011
By Eric Sosenko

The current patent reform effort has led to a Senate bill that passed and a House bill that awaits debate. Enactment of the Senate bill would drastically change U.S. patent law and fuel global harmonization efforts. Key provisions of the Senate bill are highlighted and contrasted with the House bill. read more...

Patent Law Harmonization: The Time Is Now
By David J. Kappos

Patent laws have failed to keep pace with current technologies and the patent system has therefore become a laggard among commercial legal regimes. Major patent offices are currently backlogged in patent applications, resulting in delayed approvals, economic losses, and thwarted business efforts. Now is the time for global harmonization of patent laws, which will bring worldwide consistency and clarity and promote greater socioeconomic development. read more...

The Disclosure Revolution: It’s a WYDIWYG World
By Joseph Root

A tectonic shift has occurred in the world of patent drafting, moving from a claims-based approach to what some call the Disclosure Revolution. This change dictates that patent attorneys stop using boilerplate language and begin writing specifications that clearly spell out the inventor’s intent. read more...

The Copyright Defendant’s Guide to Disproving Substantial Similarity on Summary Judgment
By Joshua M. Dalton and Sara Cable

The subjective and fact-specific nature of copyright cases can make winning without a trial difficult for the accused infringer. Based on a survey of recent decisions dismissing copyright claims at summary judgment, this article identifies tips and tricks for the defendant (and traps for the unwary plaintiff) to set a case up for the best chance of pretrial disposition, even on the normally factually intensive issue of substantial similarity. read more...

China’s Special IPR Campaign: Really Special or Really Not?
By Albert Tramposch, Jasemine C. Chambers, Elaine Wu, Nancy Kremers, and Conrad Wong

China’s Special Campaign is aimed at curbing high rates of intellectual property violations and has the potential to influence significant changes in enforcement efforts. Chinese government agencies are required to identify goals for implementation, and the U.S. government must continue to work with them to encourage permanent improvements. read more...

Seeds Fallen in Stony Places
By Peter Knight

Australia’s amendment of its Copyright Act to include the “safe harbor” provisions of the DMCA has proven ineffective and served only to confuse existing law in Australia. The decision of the Full Court of the Federal Court of Australia in Roadshow Films Pty, Ltd. v. iiNet, Ltd., reveals the fate of one of those provisions and is the latest round in the Australian copyright debate regarding the liability of ISPs for their customers’ use of peerto-peer file-sharing systems. read more...

Coming to Terms: Hidden Traps for Media Entities and Producers in Website Terms of Use Agreements
By Toby Butterfield and Ben Bartlett

Terms of use agreements provide invaluable legal protection for website operators but generally do not extend legal protection to third parties who use the websites. This leaves users vulnerable to lawsuits for use of the site or the contents found on it. The impact of terms of use agreements is discussed in light of recent court decisions interpreting such terms of use adopted by Twitter, CafePress, and Facebook. read more...

Financial First Aid for the Research and Development of Intellectual Property Assets
By Beverly A. Berneman

In today’s sluggish economy, asset-based lending is difficult to acquire despite the continuation of invention and product development. Innovators need funding to get their ideas to market, and nonasset-based lending is a viable option. This type of lending offers a flexible approach for companies with intellectual property assets and can help fund different phases of the development process. read more...

The Art of Mediation: The Terra Museum War
By David C. Hilliard

The Terra Museumcase sparked national media attention and reflected a change in the resolution of art disputes. Mediation has since become the preferred method in resolving art disputes. This article analyzes the mediation of that case and offers strategies to practitioners and mediators. read more...

Recent Developments in IP Law
By John C. Gatz


From the Hill
by Hayden W. Gregory

Meeting of the Minds
By Matthew J. Astle and Heath W. Hoglund

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