Intellectual Property

Do the Games Never End?

Shubha Ghosh

Abstract Response to Pamela Samuelson, Staking the Boundaries of Software Copyrights in the Shadow of Patents Categories create hours of fun for the legal mind. Is it this? Or is it that? Could it be both? At the end of the day, the best, but nagging, answer might be “None of the above.” Categories are […]

A View of Copyright from the Digital Ground

Andres Sawicki

Abstract Response to Cathay Y. N. Smith, Beware the Slender Man: Intellectual Property and Internet Folklore Professor Cathay Smith’s Beware the Slender Man: Intellectual Property and Internet Folklore seems at first to fit comfortably within the creativity-without-IP literature, which shows that creative practices can thrive outside of the institutions built up around intellectual property law. […]

Intellectual Property and the End of Work

Camilla A. Hrdy

Abstract The conventional wisdom is that intellectual property (IP) is good for jobs. Indeed, according to legislators and the U.S. patent office, IP “creates jobs.” But this is not quite right. A primary function of IP is to increase the amount of innovation in the economy. Yet a significant subset of the innovations protected by […]

Who Will Speak For The Slender Man?: Dialogism and Dilemmas in Character Copyright

Elizabeth L. Rosenblatt

Abstract Response to Cathay Y. N. Smith, Beware the Slender Man: Intellectual Property and Internet Folklore Someone, at some time, invented Santa Claus. They did not invent him from whole cloth, of course. They drew on folklore and religious icons, and then got creative. Someone decided he lived in the North Pole; someone else decided he […]

Black Box Tinkering: Beyond Disclosure in Algorithmic Enforcement

Written by: Maayan Perel & Niva Elkin-Koren

Abstract The pervasive growth of algorithmic enforcement magnifies current debates regarding the virtues of transparency. Using codes to conduct robust online enforcement not only amplifies the settled problem of magnitude, or “too-much-information,” often associated with present- day disclosures, but it also imposes practical difficulties on relying on transparency as an adequate check for algorithmic enforcement. […]

Sapna Kumar, Regulating Digital Trade

Abstract Under § 337 of the Tariff Act, the International Trade Commission (ITC) has jurisdiction over articles that enter the country and infringe intellectual property rights. Recently, the ITC vastly expanded its powers, asserting jurisdiction over imported digital files that infringe intellectual property rights. This Article examines the limits of the ITC’s authority, arguing that […]