BCLT

Author(s): Peter S. Menell Year: 2010 Abstract: This article critically analyzes Bilski v. Kappos, the Supreme Court’s first decision on patentable subject matter since the early 1980s. It shows how the majority’s effort to shoehorn patentable subject matter into a superficial textualist mold obfuscates patentable subject matter boundaries and undermines the patent system on multiple […]

Author(s): Deirdre K. Mulligan and Kenneth A. Bamberger Year: 2010 Abstract: U.S. privacy law is under attack. Scholars and advocates criticize it as weak, incomplete, and confusing, and argue that it fails to empower individuals to control the use of their personal information. These critiques present a largely accurate description of the law “on the […]

Author(s): Peter S. Menell Year: 2002 Abstract: In order to protect authors and artists from unremunerative transfers of copyright, Congress for the first time created, in the Copyright Act of 1976, an inalienable right to terminate transfers of copyrights during a five-year window beginning 35 years from the date of the transfer. Such inalienablity, however, […]

Author(s): Deirdre K. Mulligan Year: 2010 Abstract: The W3C’s Geolocation API may rapidly standardize the transmission of location information on the Web, but, in dealing with such sensitive information, it also raises serious privacy concerns. We analyze the manner and extent to which the current W3C Geolocation API provides mechanisms to support privacy. We propose […]

Author(s): Peter S. Menell Year: 2010 Abstract: The U.S. International Trade Commission has emerged as one of the most salient patent enforcement venues in the United States. Its fast-track procedures – typically producing determinations within 12 to 16 months of initiation of an investigation – and potent exclusion remedy have brought the ITC to center […]

Author(s): Chris Jay Hoofnagle Year: 2010 Abstract: Why has identity theft remained so prevalent, in light of the development of ever more sophisticated fraud detection tools? Identity theft remains at 2003 levels – 9.9 million Americans fell victim to the crime in 2009. One faction explains the identity theft as a problem of a lack […]

Author(s): Chris Jay Hoofnagle Year: 2010 Abstract: Study by: Chris Jay HoofnagleUniversity of California, Berkeley – School of Law, Berkeley Center for Law & Technology Jennifer KingUC Berkeley School of Information; Berkeley Center for Law & Technology Su LiUniversity of California, Berkeley- School of Law, Center for the Study of Law and Society Joseph TurowUniversity […]

Author(s): Amy Kapczynski Year: 2010 Abstract: In 2005, India amended its patent law to provide product patents on medicines, to comply with the WTO’s TRIPS Agreement. In order to mitigate the impact on access to medicines, India at the same time adopted an expansive menu of flexibilities in its patent law. Reviewing these important flexibilities, […]

Author(s): Deirdre K. Mulligan and Kenneth A. Bamberger Year: 2010 Abstract: While the turn from traditional regulation to more collaborative, experimentalist, and flexible forms of governance has garnered significant academic focus, far less attention has been paid to the effects of such “New Governance” approaches on regulated firms’ understanding of the laws’ demands, and on […]

Author(s): Suzanne Scotchmer Year: 2010 Abstract: Open source collaborations are increasingly among commercial firms whose interest is profit. Why would profit-motivated firms voluntarily share code? One reason is that cost reductions can outweigh increases in rivalry. This is especially persuasive when the contributors make complementary products. However, cost reductions do not explain why open source […]