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.

Library Highlights: Law & the Internet

Virtual Freedom: Net Neutrality and Free Speech in the Internet Age
Dawn C. Nunziato
KF4772 .N86 2009
From the Publisher: Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions – from obstructing e-mail to censoring cablecasts – are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public’s right to access a broad diversity of content.

Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.

The Law of Virtual Worlds and Internet Social Networks
Andrew Sparrow
KD667.C65 S68 2010
From the Publisher: Virtual worlds are the latest manifestation of the internet’s inexorable appetite for development. Organisations of all kinds are enthusiastically pursuing the commercial opportunities offered by the growth of this phenomenon. But if you believe that there are no laws which govern internet social networks and virtual worlds this book will persuade you otherwise. There is law, and a good deal of it. Why would there not be?

As with many other aspects of the world wide web, this new medium is unregulated and offers many opportunities for companies to damage their reputation, run into a whole host of problems relating to intellectual property, trade marks and copyrights, and compromise the rights of individuals participating within the virtual environment. By reading The Law of Virtual Worlds and Internet Social Networks you will gain a good understanding of the legal issues which govern this expanding and fascinating world – are you ready for the leap from internet plaything to meaningful social and business tool? [this book] is an essential reference for advertising and media agencies; television broadcast producers; academic institutions including university law, knowledge and information departments. In fact, it has been written for anyone interested in virtual worlds and social networks whether commercially because you want to explore the possibilities such environments present, or for academic curiosity.

Internet Law in a Nutshell
Michael L. Rustad
KF390.5.C6 R87 2009
From the Publisher: The book begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing, the protection of online intellectual property assets, the protection of online privacy, criminal liability for Internet activity, and European Community directives such as the E-Commerce Directive, Brussels Regulation, and Rome I Regulation.

In Search of Jefferson’s Moose: Notes on the State of Cyberspace
David G. Post
K564.C6 P67 2009
From the Publisher: In 1787, Thomas Jefferson, then the American Minister to France, had the “complete skeleton, skin & horns” of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson’s efforts, David Post, one of the nation’s leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace–what it is, how it works, and how it should be governed.

What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled?

Should they be controlled? And by whom? Post presents the Jeffersonian ideal–small selfgoverning units, loosely linked together as peers in groups of larger and larger size–as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson’s writings on the New World in Notes on the State of Virginia , Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson’s views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace.

E-Commerce and Internet Law: Treatise with Forms
Ian C. Ballon
KF390.5.C6 B35 2009
From the Publisher: The revised and updated edition of this comprehensive work provides you with a complete legal authority on e-commerce and Internet law, covering business-to-business and business-to-customer issues, regulatory issues, and emerging trends. It includes practice tips and forms and its unique organization facilitates finding quick answers to your questions. This valuable resource on Internet and ecommerce issues contains nearly 10,000 detailed footnotes, plus references to more than 100 unpublished court decisions, many of which are not available anywhere else.

Privacy and the Internet: Your Expectations and Rights under the Law
Revised and updated by Margaret C. Jasper
KF1263.C65 J38 2009
From the Publisher: The Internet is the most significant medium of both commercial and financial communications and transactions. It has become the nation’s primary vehicle for the exchange of news, mail, and general information. Unfortunately, these benefits often expose Internet users to serious privacy risks which may have catastrophic results. Thus, it is crucial that Internet users understand how to safely and securely “surf the net,” without exposing themselves to criminal activities which infringe on their privacy.

This almanac discusses some of the most important security methods, including the effective use of passwords, utilizing virus software, installing firewalls, understanding encryption technology, and being vigilant about the type of information one shares on the Internet. Internet identity theft is also addressed.

In addition, this fully revised publication outlines Internet privacy policies and applicable laws placed upon various entities designed to protect private information of Internet users. A discussion of online privacy protection for children, which encompasses the governing laws are included. Finally, this almanac sets forth the role of the Federal Trade Commission (FTC) in enforcing privacy rights, including a review of some of the major enforcement cases brought by the FTC. The Appendix provides resource directories, applicable statutes, and other pertinent information and data. The Glossary contains definitions of the terms used throughout the almanac.