February 2012

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

In the case of Charles River Bridge v. Warren Bridge, 36 U.S. 420 (1837), Justice Roger Taney — most known for his opinion in Dred Scott — decided against the owners and investors in the original bridge over the Charles River in Massachusetts. That bridge had been built by a company granted a charter in 1785 for the […]

Have "Real-Time" Services Altered the Balance of the DMCA?

Image via Wikipedia The DMCA has a bad reputation with those who prefer to see greater freedom of information flow. Its anti-circumvention provisions provisions have attracted particular antipathy, and many believe the DMCA takedown provisions are regularly abused. The point of the DMCA, I believe, was to further the general goal of IP protection in […]

IP and Traditional Knowledge

Image via Wikipedia The Uneasy Case for Intellectual Property Rights in Traditional Knowledge by Stephen Munzer, Kal Raustiala: Should traditional knowledge—the understanding or skill possessed by indigenous peoples pertaining to their culture and folklore and their use of native plants for medicinal purposes—receive protection as intellectual property? This Article examines nine major arguments from the […]

An Evidence-Based Approach to Law and Science

John Pfaff has been writing a series of articles for PrawfsBlawg over the last month or so, focusing on “Empirical Legal Scholarship” (ELS). ELS brings empirical social science research, including especially statistical studies, into the realm of the law. (Law & Economics would be another, related attempt to bring math and the law together.) One […]

Copyright as Antidote to DRM

Image via Wikipedia Consider this idea: without copyright protection for digital media, we would have even more Digital Rights Management. Why? Because without it, recouping up-front investment without restricting distribution would be difficult or impossible. Since I often see a confluence of beliefs around those who hate DRM and those who hate copyright laws (I […]

Indian Biogenerics on an Upswing

‘ Image via Wikipedia Patent Baristas » Indian Biogenerics on an Upswing: Indias pharmaceutical industry caters to about 30% of the world’s generic requirements. Despite its tremendous volume, it has been facing difficult times recently, with the WHO stance on counterfeit drugs, as well as seizure of Indian generic shipments in the EU. There is […]

Bad Results for Google in Recent 2nd Circuit Ruling Over Keywords

Bad Results for Google in Recent 2nd Circuit Ruling Over Keywords – Law Blog – WSJ: In an opinion penned by Judge Pierre Leval, a three-judge panel ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads. Click here for the Recorder story. An interesting development. Basically, Google was selling […]