Intellectual Property

Technology increasingly impacts our lives in the modern world — from websites and mobile devices that provide education and entertainment to life-saving drugs and medical devices that contribute to our health and safety. Intellectual property laws such as those governing patents, copyrights, trademarks and trade secrets play a key role in providing both incentives to innovate and promote these technologies as well as protections and permissions for the public to enjoy them. They also protect and provide artistic content that we often experience and enjoy using technology. The Samuelson Clinic focuses on working to resolve the tensions that arise from this system of private rights and public interests with the goal of promoting social advancement as well as social justice.

For example, as more and more people use technology to communicate and create, to learn and explore, and to express and expound, the intellectual property laws that govern these technologies often control what we can say, what we read and watch, and even what we can learn. Thus, our very rights to freedom of speech, expression, and education are implicated in how these laws are written and regulated. The Clinic’s advocacy focuses on identifying the impact of these laws on individual and consumer rights in order to ensure their perseverance while remaining committed to adequately rewarding creators and innovators for their inventions and artistic contributions. This includes examination of new technologies such as Digital Rights Management (DRM) and community-based efforts at innovation such as free and open source software projects.

Intellectual property laws can also dictate who has access to life-saving medicines or the latest scientific knowledge. While there must certainly be rewards for companies and individuals who provide us with these resources and discoveries, there must also be opportunity for a wide array of the world to enjoy their benefits. The Clinic’s work in this area strives to help disadvantaged groups and the organizations that serve them increase access to essential medical technologies in order to improve public health and social well-being.

 

TitleYearType
Samuelson Clinic Students File Amicus Brief on Behalf of the National Alliance for Media Art and Culture in the Viacom-YouTube Appeal in the Second Circuit2011Brief
Clinic files Amicus Brief in Bilski case on behalf of consumer groups; asks court to protect consumers and set serious limits on what patents can cover2008Brief
The Magnificance of the Disaster: Reconstructing the Sony BMG Rootkit Incident2007Research Paper
The Magnificance of the Disaster: Reconstructing the Sony BMG Rootkit Incident2007Research Paper
Samuelson Clinic Director and Student Testified Before the Copyright Office2006Clinical Project, Testimony
Samuelson Clinic Submitted Comment to U.S. Copyright Office on behalf of Edward Felten and J. Alex Halderman2005Clinical Project, Comments
Samuelson Clinic Non-Resident Fellow Co-Authors Report on Cease-and-Desist Letters Submitted to Chilling Effects2005Clinical Project, Report
Clinic Filed Amicus Brief in Second Circuit Court of Appeals in United States v. Martignon2005Brief
Clinic Submitted Reply Comments to U.S. Copyright Office on behalf of Internet Archive regarding Orphan Works2005Comments
Clinic Submitted Comments to U.S. Copyright Office on behalf of Internet Archive regarding Orphan Works2005Clinical Project, Comments
MGM v. Grokster in Supreme Court2005Brief
Davidson & Associates v. Internet Gateway, Inc. in Eighth Circuit2005Brief
The Technical and Legal Dangers of Code-Based Fair Use Enforcement2004Research Paper
The Technical and Legal Dangers of Code-Based Fair Use Enforcement2004Research Paper
Chamberlain v. Skylink in Federal Circuit2004Brief
Court Ruling Protects Consumers and Competition2004Brief, News Item
Clinic asks Supreme Court to deny certiorari in MGM v. Grokster2004Brief
MGM v. Grokster in Ninth Circuit2003Brief
Chamberlain v. Skylink in US International Trade Court2003Brief
How DRM-based Content Delivery Systems Disrupt Expectations of "Personal Use"2003Research Paper, Presentation
Digital Rights Management and Fair Use by Design2003Research Paper
How DRM-based Content Delivery Systems Disrupt Expectations of "Personal Use"2003Presentation, Research Paper
Consumers Union Amicus Briefs2003Brief
Digital Rights Management and Fair Use by Design2003Research Paper
Neglecting the National Memory: How Copyright Extensions Compromise the Development of Digital Archives2002Research Paper
Neglecting the National Memory: How Copyright Extensions Compromise the Development of Digital Archives2002Research Paper
Memorandum Addressing the Need for a Treatment Agenda2002Report
Oasis Rights Language Technical Committee2002Clinical Project, Research Paper
Oasis Rights Language Technical Committee2002Clinical Project, Research Paper
Copyright, the Archivist, and the Public Interest2002Clinical Project, Project
Implementing Copyright Limitations in Rights Expression Languages2002Research Paper
ACM Digital Rights Management Workshop2002Research Paper
Open Resource for Open Source2002Clinical Project, Project
Amicus Brief for Google in Kelly v. Arriba Soft2002Brief
Sony Bono Copyright Term Extension Act of 19982001Brief