Jumping the Grooveshark: A Case Study in DMCA Safe Harbor Abuse Author(s): Peter S. Menell Year: 2011 Abstract: This commentary examines the controversy over Grooveshark, an on-demand music streaming service that has provided access to much of the catalogs of the major record labels without licenses from three of the four majors. It raises questions […]

Access to Knowledge: A Conceptual Genealogy Author(s): Amy Kapczynski Year: 2011 Abstract: This is an introduction to an edited volume, Access to Knowledge in the Age of Intellectual Property (Zone Press, 2010. It’s aim is to describe and analyze the conceptual stakes of the new mobilization around A2K. A2K groups contest the terrain of intellectual […]

Does Copyright Protection Under the EU Software Directive Extend to Computer Program Behaviour, Languages and Interfaces? Author(s): Pamela Samuelson Year: 2011 Abstract: This article argues that competition and innovation in the software industry in the EU will be seriously undermined if the Court of Justice of the European Union in SAS Institute, Inc. v. World […]

Procuring Knowledge Author(s): Suzanne Scotchmer Year: 2003 Abstract: There is growing public interest in alternatives to intellectual property including, but not limited to, prizes and government grants. We argue that there is no single best mechanism for supporting research. Rather, mechanisms can only be compared within specific creative environments. We collect various historical and contemporary […]

Mobile Payments: Consumer Benefits & New Privacy Concerns Author(s): Chris Jay Hoofnagle and Jennifer Urban Year: 2012 Abstract: Payment systems that allow people to pay using their mobile phones are promised to reduce transaction fees, increase convenience, and enhance payment security. New mobile payment systems also are likely to make it easier for businesses to […]

Brief of Amici Curiae Academic Authors in Support of Defendant-Appellant and Reversal Author(s): Pamela Samuelson Year: 2012 Abstract: Filed in the Second Circuit Court of Appeals in Support of Defendant-Appellant Google. Summary of argument: Class certification was improperly granted below because the District Court failed to conduct a rigorous analysis of the adequacy of representation […]

How Fair Use Can Help Solve the Orphan Works Problem Author(s): Jennifer Urban Year: 2012 Abstract: Many works that libraries, archives, and historical societies, among others, would like to digitize and make available online are “orphan works,” that is, works for which the copyright holder either is unknown or cannot be located after a diligent […]

The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism Author(s): Amy Kapczynski Year: 2012 Abstract: The field of intellectual property (IP) law today is focused, as the name itself advertises, on one particular institutional approach to scientific and cultural production: IP. When legal scholars explain this focus, they typically do so […]

Brief of Digital Humanities and Law Scholars as Amici Curiae in Authors Guild v. Hathitrust Author(s): Jason Schultz Year: 2013 Abstract: This Amicus Brief was filed in the United States Court of Appeal for the Second Circuit in the case of Authors Guild v. Hathitrust on June 4, 2013. The case is on Appeal from […]

Solving the Orphan Works Problem for the United States Author(s): Pamela Samuelson and Jennifer Urban Year: 2013 Abstract: Over the last decade, the problem of orphan works — i.e., copyrighted works whose owners cannot be located by a reasonably diligent search — has come sharply into focus as libraries, archives, and other large repositories of […]