Among the first casebooks in the field, Software and Internet Law presents clear and incisive writing, milestone cases and legislation, and questions and problems that reflect the authors' extensive knowledge and classroom experience. Technical terms are defined in context to make the text accessible for students and professors with minimal background in technology, the software industry, or the Internet. Always ahead of the curve, the Fourth Edition adds coverage and commentary on developing law, such as the Digital Millennium Copyright Act's Safe Harbor, the Electronic Communications Privacy Act, and the Stored Communications Act. Hard-wired features of Software and Internet Law include: consistent focus on how lawyers service the software industry and the Internet broad coverage of all aspects of U.S. software and internet law;with a focus on intellectual property, licensing, and cyberlaw The Fourth Edition responds to this fast-changing field with coverage of : the Digital Millennium Copyright Act's Safe Harbor the Electronic Communications Privacy Act the Stored Communications Act Hot News; Misappropriation Civil Uses of the Computer Fraud and Abuse Act
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...
This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
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