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MISAPPROPRIATION AND THE MORALITY OF FREE-RIDING

Michael E. Kenneally

Concern about free-riding drives intellectual property law, especially its misappropriation doctrine. Freely enjoying goods that are costly to produce may be bad for society as a whole (because it weakens private incentives to create such goods) and also unfair to those who have created them (because they are not compensated for all the value they produced).... Read more about MISAPPROPRIATION AND THE MORALITY OF FREE-RIDING

  • June 25, 2015
  • 18 Stan. Tech. L. Rev. 289

THE CRIMINAL COPYRIGHT GAP

Eldar Haber

Copyright law undergoes a criminalization process. Since the birth of criminal copyright in the 19th century, there has been a substantial increase in criminal copyright legislation. Copyright criminalization could lead to a paradigm shift toward a criminal-oriented law. However, legislation alone is insufficient to change the perception of copyright to a criminal-oriented law, as italso depends on practice.... Read more about THE CRIMINAL COPYRIGHT GAP

  • June 25, 2015
  • 18 Stan. Tech. L. Rev. 247

INTELLECTUAL PROPERTY INFRINGEMENT AS VANDALISM

Irina D. Manta
Robert E. Wagner

Defenders of strong intellectual property rights often maintain thatintellectual property infringement is theft and that the sanctions associated with it ought to be high. Others are skeptical of the property comparison and think that much lower sanctions are appropriate. In this Article, we argue that a careful analysis demonstrates: 1) that intellectual property infringement can be analogized to a property crime, but 2) that the more analogous crime is vandalism or trespass rather than theft.... Read more about INTELLECTUAL PROPERTY INFRINGEMENT AS VANDALISM

  • June 25, 2015
  • 18 Stan. Tech. L. Rev. 331

COPYRIGHT’S TECHNOLOGICAL INTERDEPENDENCIES

Clark D. Asay

Copyright was initially conceptualized as a means to free creative parties from dependency on public and private patrons such as monarchs, churches, and well-to-do private citizens. By achieving independence for creative parties, the theory ran, copyright led to greater production of a more diverse set of creative works.... Read more about COPYRIGHT’S TECHNOLOGICAL INTERDEPENDENCIES

  • June 25, 2015
  • 18 Stan. Tech. L. Rev. 189

Volume 17, Issue 3 of the Stanford Technology Law Review

STLR Editors

We are pleased to announce the publication of Issue 3 of Volume 17 of the Stanford Technology Law Review. The complete Issue includes the following articles: Comparing Patent Litigation Across Europe: A First LookStuart J.H. Graham & Nicolas Van Zeebroeck IP Without IP?Kate Darling Patent Trolling: Why Bio & Pharma are at Risk?Robin Feldman & W. Nicholson Price II... Read more about Volume 17, Issue 3 of the Stanford Technology Law Review

  • January 2, 2015

"Fuzzy" Software Patent Boundaries and High Claim Construction Reversal Rates

Shawn P. Miller

Bessen and Meurer theorize that a breakdown in notice of patent boundaries caused the patent litigation surge of the 1990s. They argue that a prime source of this breakdown was the proliferation of software patents with particularly uncertain scope. In this Article I seek evidence that software patent scope is more uncertain by extending the empirical literature on claim construction reversal... Read more about "Fuzzy" Software Patent Boundaries and High Claim Construction Reversal Rates

  • January 2, 2015
  • 17 Stan. Tech. L. Rev. 809

Patent Trolling: Why Bio & Pharmaceuticals Are At Risk

Robin Feldman
Nicholson Price II

Patent trolls—also known variously as non-practicing entities, patent assertion entities, and patent monetizers—are a top priority on legislative and regulatory reform agendas. In modern debates, however, the biopharmaceutical industry goes conspicuously unmentioned. Although the biopharmaceuticalindustry is paradigmatically centered on patents, conventional wisdom holds that it is largely unthreatened by trolls. This Article shows that the conventional wisdom is wrong, both theoretically and descriptively.... Read more about Patent Trolling: Why Bio & Pharmaceuticals Are At Risk

  • November 10, 2014
  • 17 Stan. Tech. L. Rev. 773

IP Without IP? A Study of the Online Adult Entertainment Industry

Kate Darling

Existing copyright policy is based largely on the utilitarian theory of incentivizing creative works. This Article looks at content production incentives in the online adult entertainment industry. A recent trend of industry-specific studies tries to better understand the relationship between intellectual property (IP) and creation incentives in practice. This Article makes a contribution to the literature by analyzing a major entertainment content industry where copyright protection has been considerably weakened in recent years.... Read more about IP Without IP? A Study of the Online Adult Entertainment Industry

  • November 2, 2014
  • 17 Stan. Tech. L. Rev. 709

Ripple Effects in the Law: The Broadening Meaning of "Offer to Sell" in Patent Law

Lucas S. Osborn

The law’s complexity is such that even apparently minor changes can have numerous “ripple” effects. This Article examines the ripple effects from a potential broadening of patent law’s definition of an infringing “offer to sell.” Currently, courts limit “offers” to formal, contract-law offers; but a policy analysis suggests that “offers” should include advertisements and other promotions, which harm patentees via price erosion.... Read more about Ripple Effects in the Law: The Broadening Meaning of "Offer to Sell" in Patent Law

  • September 15, 2014
  • 17 Stan. Tech. L. Rev.

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