Category Archives: Intellectual Property

Library Highlights: Law & Technology

I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy
Lori Andrews
HM851 .A66 2011
From the Publisher: Social networks are the defining cultural movement of our time, empowering us in constantly evolving ways. We can all now be reporters, alerting the world to breaking news, participating in crowd-sourced scientific research, and helping the police solve crimes. Social networks have even helped to bring down governments, but they have also greatly accelerated the erosion of our personal privacy rights. As leading expert on social networks and privacy Lori Andrews shows through ground- breaking in-depth research and a host of stunning stories of abuses, as we work and chat and shop and date (and even sometimes have sex) over the Web, we are opening ourselves up to increasingly intrusive, relentless, and anonymous surveillance—by employers, schools, lawyers, the police, and aggressive data aggregator services that compile an astonishing amount of information about us and sell it to any and all takers. But the legal system cannot be counted on to protect us—in the thousands of cases brought to trial by those whose rights have been violated, judges have most often ruled against them. That is why in addition to providing the best expert advice about protecting ourselves, Andrews pro- poses that we must all become supporters of a Constitution for the Web, which she has drafted and introduces in this book. Now is the time to join her and take action—the very future of privacy is at stake.

Legal Aspects of Managing Technology
Lee B. Burgunder
KF1890.H53 B87 2011
From the Publisher: This book is designed for businesspersons working with technological innovations in any field, including business, management, computer science, engineering, architecture, biology, or law. It focuses on integral technology law topics with substantial attention paid to the wide range of controversial issues regarding intellectual property rights, and coverage of all other key topics such as e-commerce, privacy, antitrust, and biotechnology. Its goal is not to make readers legal experts; rather it is too allow managers to understand the fundamental legal issues pertinent to technology management so that they can competently create strategic plans in consultation with their attorneys.

That Used to Be Us: How America Fell Behind in the World It Invented and How We Can Come Back
Thomas L. Friedman and Michael Mandelbaum
BF408 .F747 2011
From the Publisher: In That Used to Be Us, Thomas L. Friedman, one of our most influential columnists, and Michael Mandelbaum, one of our leading foreign policy thinkers, offer both a wake-up call and a call to collective action. They analyze the four challenges we face—globalization, the revolution in in- formation technology, the nation’s chronic deficits, and our pattern of excessive energy consumption— and spell out what we need to do now to sustain the American dream and preserve American power in the world. They explain how the end of the Cold War blinded the nation to the need to address these issues seriously, and how China’s educational successes, industrial might, and technological prowess remind us of the ways in which “that used to be us.” They explain how the paralysis of our political sys- tem and the erosion of key American values have made it impossible for us to carry out the policies the country urgently needs.

The Real ID Act: Privacy and Government Surveillance
William Eyre
KF4791 .E97 2011
From the Publisher: Civil society in the United States in the 21st century has seen the abandonment of American concepts of individual freedom, privacy, expression and autonomy. Eyre ex- amines the Real ID Act in this context, as an example of laws passed since September 2001 restricting civil liberties. The Real ID Act facilitates the current and future surveillance regime. Real IDs and the database(s) to which they are linked represent a de facto national ID system facilitating monitoring citizens’ movements, speech and political activities when fully operational. The Real ID Act is examined as an unfunded mandate and vehicle for unconstitutional abridgement of First Amendment guarantees including political expression.

Computer Games and Virtual Worlds: a New Frontier in Intellectual Property Law
Ross A. Dannenberg … [et al.], editors.
KF3024.C6 C625 2010
From the Publisher: As the uses and ubiquity of video games and virtual worlds expand, the legal issues they raise grow more complex and commonplace. These issues include the traditional areas of intellectual property law, namely, copyright, trademark, patent and trade secrets, as affected by contractual issues arising from the end user licensing agreements (EULA) and terms of service (ToS) promulgated by each video game and virtual world proprietor. This book explores and discusses how to obtain these traditional rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for legal practitioners researching these emerging legal issues. Each chapter addresses, in order, end user license agreements, copyrights, patents, trademarks, and trade secrets, as addressed by U.S. law. The book also includes a commentary on international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.

Principles of Cybercrime
Jonathan Clough, Monash University, Victoria
K5215 .C58 2010
From the Publisher: We live in a digital age. The proliferation of digital technology, and the convergence of computing and communication devices, has transformed the way in which we socialize and do business. While overwhelmingly positive, there has also been a dark side to these developments. Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes; so-called ‘cybercrimes’. Whether it be fraud, child pornography, stalking, criminal copyright infringement or attacks on computers themselves, criminals will find ways to exploit new technology. The challenge for all countries is to ensure their criminal laws keep pace. The challenge is a global one, and much can be learned from the experience of other jurisdictions. Focusing on Australia, Canada, the UK and the US, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes.

How to Succeed on Law School Exams

The law library’s guide, Exam Study Materials at TJSL  lists books on exam taking, and lists study aids available in the library for various courses such as Civil Procedure, Professional Responsibility and Torts.

Law school exam advice from the blogosphere:

Exam Prep Made Simple: Organize Your Thoughts – The Girl’s Guide to Law School
It’s Thanksgiving, Should You Be Flipping Out About Exams? – The Girl’s Guide to Law School
Common Errors in Exam Study – Amy Jarmon, Law School Academic Support Blog
Some Quotes to Keep in Mind - Law School Academic Support Blog

Law School Exam Tips – Law School Academic Support Blog

Library Highlights: Law Practice Management

The Associate as Rainmaker: Building Your Business

Brain David King Keller

KF316.5 .K45 2011

From the Publisher: An associate’s mid- and long-term success relies on building a foundation of rela-tionships that are created during a lawyer’s early years. This book is your guide to specific actions for mastering the game, offering attorneys of all experience levels useful insights into how a rainmaker gets results. Broken into four thorough sections–Being a Rainmaker, Brain Basics, Rainmaker Tech-niques, and Tips from the Front Line–The Associate as Rainmaker contains specific techniques for busi-ness development, including: business development time slots, the art and science of selling, creating an optimal performance state, business development for shy attorneys, the art and science of rapport, thirty-four steps to grow any practice. The book also includes a business development checklist that contains tips for each year you’re an associate, as well as several appendices with exercises, goals sheets, and time management forms.

Moving Diversity Forward: How to go from Well-Meaning to Well-Doing

Vernā A. Myers

KF300 .M94 2011

What People are Saying: “The numerous publications about diversity render it difficult to offer a new perspective, but Vernã Myers has done so. Moving Diversity Forward takes head on underlying challenges to successful diversity and inclusion efforts that often are left unspoken-and she has done so without being inflammatory.” — William A. Von Hoene, Jr., Executive Vice President, Finance and Legal, Exelon Corporation “If you, like me, are a white male who believes in inclusion but sometimes feels on shaky ground in how to achieve it, this book is for you. Ms. Myers reveals the unconscious biases that inhibit inclusion, debunks the well-meaning but misguided arguments often used against inclusion, and provides clear and concrete steps we can take to move from well-meaning to well-doing.” — Mark E. (Rick) Richardson, VP & Associate General Counsel, GlaxoSmithKline

The Lawyer’s Guide to Increasing Revenue

Arthur G. Greene

KF316.5 .G74 2011

From the Publisher: The vast majority of law firms continue to leave dollars on the table. Now you can ensure your firm isn’t one of them. The Lawyer’s Guide to Increasing Revenue, Second Edition offers practical tips and step-by-step plans for evaluating, tracking, and ultimately enhancing your firm’s revenue stream. Significantly updated and expanded to address issues facing law firms in the twenty-first century, this new edition demonstrates how to avoid short-term solutions, look beyond cost-cutting, and develop a multi-year strategy for achieving financial growth. Using your firm’s existing resources, you will discover how to best maintain client relationships, boost staff morale, and augment your bottom line.

Federal Criminal Discovery

Robert M. Cary, Craig D. Singer, Simon A. Latcovich

KF9650 .C37 2011

From the Publisher: In nearly every criminal case, information is at a premium for both sides. Discovery plays a major role in federal criminal cases as it includes recordings, documents, electronic data, or tan-gible objects as well as unwritten information such as witness statements that have not been recorded or memorialized in writing. The rare value of information in a criminal case lies partly in its inaccessi-bility, as the parties’ right to discovery is relatively narrow. Because discovery rights in charged crimi-nal cases are limited, the parties often must litigate vigorously and creatively to obtain significant infor-mation. Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prose-cutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while examining both sides of the issues.

The Forensic Accounting Deskbook: A Practical Guide to Financial Investigation and Analysis for Family Lawyers

Miles Mason

KF8968.15 .M37 2011

From the Publisher: Forensic accounting can help family lawyers win case and help clients keep mon-ey which might otherwise be taken from them by a difficult and confusing divorce process. To help you understand the practice of forensic accounting and business valuation in family law caes, [This book] provides a basic introduction to the core financial concepts in divorce, such as asset identification, classification, and valuation, income determination, and expenses. It provides a step-by-step explana-tion of these “how to” mechanics and explores higher-level strategic concerns appropriate for high-asset and high-conflict cases. It connects the dots and fills gaps among the interrelated topics of sub- poena practice, accounting concepts, depositions, reports, methodology, financial statements, tax re-turns, reports, and testimony.

Premarital Agreements: Drafting and Negotiating

Linda Ravdin

KF529 .R38 2011

From the Publisher: To begin the book, Linda Ravdin, an experienced family lawyer well-known for her knowledge of premarital and marital agreements, focuses on the law related to creating a valid agreement. […] Information about validity covers all 50 states and the District of Columbia. Other chapters address terms regarding nonfinancial issues, terms regulating the ongoing marriage, spousal support and attorney’s fees. The second part of the book examines the lawyer’s role in the process. Chapters consider both the critical ethical issues presented in drafting and negotiation as well as more practical aspects of negotiating the terms. In the next part, Ravdin discusses the most common issues that can arise after the agreement has been executed.

Preliminary Relief in Patent Infringement Disputes

Robert H. Resis

KF3155 .P745 2011

From the Publisher: The book begins with an overview of how preliminary relief is addressed in patent cases. Topics include legal and business considerations in seeking preliminary relief, the types of pre-liminary relief, pre- and post-filing considerations, and the likelihood of success on the merits. Other factors, such as irreparable harm, balance of hardships, and public interest, are also addressed in this introductory chapter. The balance of the book examines the Federal Circuit Court cases and 112 select-ed district court cases to show how preliminary injuction requests have been treated since the Supreme Court’s 2006 eBay decision. The book identifies the judges in the Federal Circuit and district court cas-es. Tables identifying the Federal Circuit and the district court cases in chronological order are also provided.

Library Highlights: International Law

Semiotics of International Law: Trade and Translation
Evandro Menezes de Carvalho
F86 K213 .C36713 2011
From the Publisher: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challeng-es. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or inter-pret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – , want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law can-not be separated from the linguistic issue.

International Tax Law: A Legal Research Guide
Christopher C. Dykes
K103.T3 D95 2011
From the Publisher: This book presents an overview of the different aspects of international tax law as well as how to locate the various primary and secondary sources, including model tax conventions, bilateral tax treaties, and customary law. It also covers international taxation from the U.S. perspec-tive, and explores researching international tax law through online databases, using free sources as well as subscription services. Will be useful for law firms, tax professionals, law librarians, and all oth-ers interested in researching international tax law.

The New Global Law
Rafael Domingo
KZ3410 .D66 2010
From the Publisher: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious ‘democratic deficit’ of internation-al institutions highlight the need for an innovative and truly global legal system, one that permits hu-manity to reorder itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world’s peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the develop-ment of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
From the Publisher: The International Centre for Settlement of Investment Disputes (ICSID) has be-come the leading arbitration institution for the resolution of investor-state disputes. Today, any com-pany considering an investment in a foreign country and any financing entity playing a role in the in-vestment must be aware of ICSID and the growing matrix of bilateral investment treaties (BITs) and multilateral treaties (MITs), most notably, the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), providing access to ICSID. Familiarity with the regime and jurispru-dence of ICSID arbitration is essential for any international investment lawyer, whether focused on transactions or disputes. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still ‘user-friendly’ understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish.

International White Collar Crime: Cases and Materials
Bruce Zagaris
KZ3410 .F38 2010
From the Publisher: Contemporary transnational criminals take advantage of globalization, trade lib-eralization, and emerging new technologies to commit a diverse range of crimes, and to move money, goods, services, and people instantaneously for purposes of pure economic gain and/or political vio-lence. This book captures the importance of transnational business crime and international relations by examining the rise of international economic crime and recent strategies in the United States and abroad to combat it. The book is organized into three main sections. The first part discusses substan-tive crimes, particularly tax, money laundering, and counter-terrorism financial enforcement; transna-tional corruption; transnational organized crime; and export control and economic sanctions. The se-cond part discusses procedural aspects of international white collar crime, namely extraterritorial ju-risdiction, evidence gathering, extradition, and international prisoner transfer. The third part discusses the role of international organizations, including the United Nations, the World Bank Group, Interpol, and economic integration groups.

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
From the Publisher: Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the bene-fits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. To-day, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.
This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, includ-ing its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies.

New Titles for the Center for Law and Intellectual Property

Art Entrepreneurship
edited by Mikael Scherdin, Ivo Zander
NX760 .A78 2011
ThomCat
Amazon.com

The Cybersleuth’s Guide to the Internet: Conducting Effective Free Investigative & Legal Research on the Web
Carole A. Levitt & Mark E. Rosch
KF242.A1 L482 2011
ThomCat

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
ThomCat
Amazon.com

A Legal Strategist’s Guide to Trademark, Trial, and Appeal Board Practice
edited by Jonathan Hudis
KF3193 .L44 2010
ThomCat

Center for Law, Technology & Communications

Digital Communications Law
Henry H. Perritt, Jr.
KF390.5.C6 P47 2010
ThomCat
Drafting Internet Agreements
Gregory J. Battersby, Charles W. Grimes, Leonard T. Nuara
KF905.C6 B38 2010
ThomCat | Amazon
Journal of Transportation Law, Logistics, and Policy
K10 .O899 (Legal Periodical Collection)
ThomCat

Money Laundering in the Real Estate Sector: Suspicious Properties
Brigitte Unger, Joras Ferwerda with a contribution from Hans Nelen, Luuk Ritzen
HV6768 .U54 2011
ThomCat | Amazon
Technology and Anti-Money Laundering: A Systems Theory and Risk-Based Approach
Dionysios S. Demetis
HV6768 .D46 2010
ThomCat | Amazon
The United States Government Internet Directory
edited by Peggy Garvin
ZA5075 .G68 (Reference)
ThomCat

Class Action and Copyright: The Author’s Guild et al. v. Google Inc.

What does this case mean for us as users of Google Books?

“Judge Chin’s ruling changes little for Google users. About two million books that are in the public domain, such as works of William Shakespeare, currently can be viewed free on the Google Books site. They also are available through Google eBooks, a new online book store that allows people to purchase and read books on different devices.

Google Books users currently can view long previews of another two million books that are in copyright and in print, thanks to agreements between Google and tens of thousands of publishers that were separate from the legal settlement. Millions more books that are in copyright but out of print are currently available in Google Books in a shorter “snippet view.” Had the settlement been approved, users would have been able to see longer previews and potentially buy those books.” (Amir Efrati & Jeffrey A. Trachtenberg).

The settlement only affects a small portion of the books that Google makes available, “fewer than 10 million books of 174 million books in the world would be affected by the settlement, and that 5 million of those affected were out of print. Google has estimated that about 130 million titles would likely get into its digital library” (NYC Judge).

Judge Chin has ruled that Google should not be able to benefit from making copyrighted material available and searchable online without the permission of the copyright owner. Instead of permitting copyright owners to opt out, they should be allowed to opt in to the settlement agreement under which Google would: “pay $125 million to establish a registry to allow authors and publishers to register their works and get paid when their titles are viewed online” (Ashby Jones).

One issue that the Google books case has brought to the forefront is the need for an international legislative framework to address orphan works, that is, books whose copyright owners cannot be located. The proposed settlement would “let Google sell full access to copyrighted works that it otherwise would have no right to exploit” (Hillel Italie & Michael Liedtke).

It may take a while for such a framework to be crafted by the U.S and foreign legislators. In the meantime, “Google and the Author’s Guild could try to reach a new settlement” (Sydell).

However, another problem with the proposed settlement is that it would violate international law, as it would purport to allow Google to use without permission, intellectual property belonging to foreign nationals (Hillel Italie & Michael Liedtke).

Although the settlement has been rejected, it is still possible to search Google Books, and the public digital library project will still move forward. One benefit of the Google digitization project is the HathiTrust Digital Library, an online repository containing over 8 million works, mostly provided by Google. It is searchable using a Proquest search tool called Summon. (Steve Kolowich).

References

John C. Abell, The Catch-22 of Google Books, Reuters, Media File, Mar 28, 2011 available at http://blogs.reuters.com/mediafile/2011/03/28/the-catch-22-of-google-books/

Melissa Block, Judge Rejects Google Books Deal, NPR, March 22, 2011, available at http://www.npr.org/2011/03/22/134771084/Judge-Rejects-Google-Books-Deal

Robert Darnton, Six Reasons Google Books Failed, The New York Review of Books, March 28, 2011, available at http://www.nybooks.com/blogs/nyrblog/2011/mar/28/six-reasons-google-books-failed/

Robert Darnton, A Digital Library Better Than Google’s, The New York Times, March 23, 2011, available at http://www.nytimes.com/2011/03/24/opinion/24darnton.html?_r=1

Amir Efrati and Jeffrey A. Trachtenberg, Judge Rejects Google Books Settlement, The Wall Street Journal,   MARCH 23, 2011, available at http://online.wsj.com/article/SB10001424052748704461304576216923562033348.html#ixzz1I1qb4qDr

Michael Hiltzik, Creating a digital public library without Google’s money, Los Angeles Times, March 25, 2011, available at http://www.latimes.com/business/la-fi-hiltzik-20110325,0,770127.column

Jennifer Howard, Research Libraries See Google Decision as Just a Bump on the Road to Widespread Digital Access, The Chronicle of Higher Education, March 23, 2011, available at http://chronicle.com/article/Google-Decision-Spurs-Research/126878/

Hillel Italie and Michael Liedtke, New York judge calls off plans for Google library, Associated Press, The Wall Street Journal, MARCH 22, 2011, available at http://online.wsj.com/article/APb6c1e8c8b65044bab15657863ff0568e.html?KEYWORDS=google+books#articleTabs%3Darticle

Ashby Jones, Banned Books? Judge Chin Shoots Down Google Pact With Publishers, Wall Street Journal Law Blog, March 22, 2011, available at http://blogs.wsj.com/law/2011/03/22/banned-books-judge-chin-shoots-down-google-pact-with-publishers/

The Associated Press, Judge Echoes Google Critics In Digital Book RulingMarch 23, 2011, available at http://www.npr.org/templates/story/story.php?storyId=134805170

Steve Kolowich, Google Who?, Inside Higher Ed, March 28, 2011, available at http://www.insidehighered.com/news/2011/03/28/usag

Associated Press, NYC judge rejects Google books settlement, March 22, 2011, http://www.latimes.com/business/la-fiw-google-library-20110322,0,2323688.story

Online books and copyright law, Editorial Board Opinion, Washington Post, available at http://www.washingtonpost.com/opinions/online-books-and-copyright-law/2011/03/25/AFTDt3kB_story.html

Eyder Peralta, Judge Rejects Book-Scanning Deal Between Google And Publishers, Authors, March 22, 2011, available at http://www.npr.org/blogs/thetwo-way/2011/03/22/134771196/judge-rejects-book-scanning-deal-between-google-and-publishers-authors

Laura Sydell, Google Hits A Snag In Digitizing World’s Books, NPR, March 23, 2011, available at http://www.npr.org/2011/03/23/134781916/google-hits-a-snag-in-digitizing-worlds-books

Center for Law, Technology & Communications— Recent Acquisitions

Bank 2.0: How Customer Behaviour and Technology will Change the Future of Financial Services
Brett King
HG1616.C87 K56 2010
ThomCat | Amazon.com

Creating an Opportunity Society
Ron Haskins, Isabel Sawhill
HN90.S65 H35 2009
ThomCat | Amazon.com

The Glannon Guide to Commercial Paper and Payment Systems: Learning Commercial Paper and Payment Systems through Multiple-Choice Questions and Analysis
Stephen M. McJohn
KF957 .M39 2009 (Course Reserve)
ThomCat | Amazon.com

Intellectual Property in the New Technological Age
Robert P. Merges, Peter S. Menell, Mark A. Lemley
KF2979 .I432 2010 (Course Reserve)
ThomCat | Amazon.com

The Patent Crisis and how the Courts can Solve it
Dan L. Burk and Mark A. Lemley
KF3114 .B87 2009
ThomCat | Amazon.com

A Practical Guide to Appellate Advocacy
Mary Beth Beazley
KF251 .B42 2010 (Course Reserve)
ThomCat | Amazon.com

Principles of Payment Systems
James J. White, Robert S. Summers
KF957 .W48 2008 (Course Reserve)
ThomCat | Amazon.com

Selected Commercial Statutes for Secured Transactions Courses
Carol L. Chomsky .. [et al.]
KF879.A15 S456 (Course Reserve)
ThomCat | Amazon

The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Business People
David W. Tollen
KF905.C6 T65 2010
ThomCat | Amazon

This Business of Urban Music: A Practical Guide to Achieving Success in the Industry, from Gospel to Funk to R&B to Hip-Hop
James L. Walker, Jr.
ML3795 .W26 2008
ThomCat | Amazon.com

Trademarks and Unfair Competition: Law and Policy
Graeme B. Dinwoodie, Mark D. Janis
KF3180 .D56 2010 (Course Reserve)
ThomCat | Amazon.com

U.S. Social Security: A Reference Handbook
Steven G. Livingston
HD7125 .L58 2008
ThomCat | Amazon.com

Library Highlights: Intellectual Property

Customs Enforcement: Protecting Intellectual Property Rights Across Borders

Timothy P. Trainer, Vicki E. Allums

KF2979 .T72 2010

From the Publisher: This book discusses border enforcement of intellectual property rights, including legal authority, standards, and procedures in the U.S. and other countries. It’s the only comprehensive source of how U.S. Customs protects intellectual property, and it also outlines what to look for in foreign systems. It clearly shows you how to use Customs as your first line of defense against infringing goods, and covers the legal authority to detain, seize, forfeit, and destroy goods. You’ll also find information on how to statutorily resolve Customs enforcement issues, answer infrastructure questions that foreign officials raise, and much more.

The Rhetoric of Intellectual Property: Copyright Law and the Regulation of Digital Culture

Jessica Reyman

KF2994 .R49 2010

From the Publisher: In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual “commons,” and emphasizing exchange, collaboration, and responsibility to a public good. Reyman argues that the rhetoric of the digital copyright debate, namely the rhetorical positioning of technology as destructive to creative and intellectual production, has profound implications for the future of digital culture.

Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership

Eduardo Moisés Peñalver, Sonia K. Katyal

K721.5 .P445 2010

From the Publisher: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”— the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tan gible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

Re-thinking Intellectual Property: The Political Economy of Copyright Protection in the Digital Era

YiJun Tian

K1420.5 .T53 2009

From the Publisher: Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the “global knowledge-based economy” and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general.

This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries,

YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.

Computer Games and Virtual Worlds:

A New Frontier in Intellectual Property Law

edited by Ross A. Dannenberg

KF3024.C6 C625 2010

From the Publisher: As the uses and ubiquity of video games and virtual worlds expand, the legal issues they raise grow more complex and commonplace. These issues include the traditional areas of intellectual property law, namely, copyright, trademark, patent and trade secrets, as affected by contractual issues arising from the end user licensing agreements (EULA) and terms of service (ToS) promulgated by each video game and virtual world proprietor. This book explores and discusses how to obtain these traditional rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for legal practitioners researching these emerging legal issues. Each chapter addresses, in order, end user license agreements, copyrights, patents, trademarks, and trade secrets, as addressed by U.S. law. The book also includes a commentary on international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.

IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law

Herbert Hovenkamp … [et al.]

KF3116 .H68 2010

From the Publisher: IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition is a two-volume reference that focuses on the intersection of the areas of IP and antitrust. While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services — either currently or potentially available. The Justice Department’s rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks.

Embedded hyperlinks in jeopardy?

A case that may threaten the right of Web sites to link freely: BlockShopper, a small real estate company, is sued by Jones-Day, a legal firm, over a hyperlink to Jones-Day’s website. BlockShopper is then effectively bullied into settling over the Web links. Several online articles express thoughts on the Jones Day-BlockShopper Settlement, asking What Are the Lessons? What Can We Do Now?

And here is the Text of Jones- Day Agreement.