patents

Protecting vested interests in the face of new technology: the case of the Charles River Bridge

By in the Spring of 2012

New developments and new approaches had permitted a new corporation to build a new bridge at a lower cost–and to make it free within a few years of its opening, while still turning a profit for its investors. But in doing so, the profit-making potential of the old bridge was destroyed (although investors had already made back their initial investment multiple times over).

But hadn’t the old company taken a risk initially? Didn’t its investors deserve to reap their new profits because they had taken the risk initially? Wouldn’t setting a precedent that their state-granted monopoly could be limited later actually inhibit future investment?

Juries and scientific expertise

By in the Spring of 2010

In the American system (and, perhaps to a lesser extent, in all countries following the Anglo-American legal approach), science and scientific evidence emerges and is interpreted through the actions of the parties involved. Expert witnesses testify for a particular side, and are employed by a particular side.

New law journal launches that focuses on open source

By in the Spring of 2009

There’s a new law journal in town: “The International Free and Open Source Software Law Review (IFOSS L. Rev.) is a collaborative legal publication aiming to increase knowledge and understanding among lawyers about Free and Open Source Software issues. Topics covered include copyright, licence implementation, licence interpretation, software patents, open standards, case law and statutory changes.”