Three-Dimensional Printing and Open Source Hardware

April 22, 2013 By Eli Greenbaum in JIPEL Vol. 2 - No. 2 Tags: Copyright, Patent

By Eli Greenbaum* A pdf version of this article may be downloaded here.

Introduction

I. Open Hardware Licenses

A. The TAPR and CERN Open Hardware Licenses

B. The Unsteady Legal Foundations of Open Hardware Licensing

II. Three-Dimensional Printing and Copyright

A. Technology of Three-Dimensional Printing

B. CAD and STL Files

C. Copyright in Printed Articles and Design Files

III. An Open Hardware License for Three-Dimensional Printing

A. Theory and Structure of the License

B. Advantages and Disadvantages of the Licensing Framework

Conclusion

Appendix: The Three-Dimensional Printing Open License

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Protecting Artistic Vandalism: Graffiti and Copyright Law

April 22, 2013 By Celia Lerman in JIPEL Vol. 2 - No. 2 Tags: Copyright

By Celia Lerman* A pdf version of this article may be downloaded here.

Introduction

I. A Rising Artistic Movement Where Ownership Raises Concerns

II. Graffiti as a Visual Work Under Copyright Law

III. How Can We Protect Illegal Expression Like Graffiti Under Copyright?

A. Identifying Illegal Graffiti

B. Illegality Is Not a Basis for Denying Copyright Protection

C. Illegal Art Can Be Protected in an Incentive-Based Copyright System

IV. Challenges to the Enforcement of Artists’ Rights in Their Graffiti

A. Challenges in Enforcing Copyright

B. Challenges Under the Visual Artists Rights Act

1. Claims of Attribution over the Work

2. Claims against Third Parties to Protect the Integrity of the Work and to Prevent Destruction of the Work

Conclusion

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The Recent DOJ and FTC Policy Suggestions for Standard Setting Organizations – The Way out of Standard-Essential Patent Hold-Up

April 22, 2013 By Jonas Hein in JIPEL Vol. 2 - No. 2 Tags: Patent

By Jonas Hein* A pdf version of this article may be downloaded here.

Introduction

I. Patent Hold-Up, Standard-Essential Patents, and Standard Setting Organizations

II. The Policy Suggestions

A. Disclosure

1. The Policy Suggestion

2. The Problem

3. Analysis

i. Pure Disclosure Rule

ii. Joint Negotiation Rules

iii. Most Restrictive Licensing Terms Disclosure Rules

iv. Conclusion

B. Cross-Licenses and Royalty Stacking

1. The Policy Suggestion

2. The Problem

3. Analysis

C. Limitation of Exclusion through Injunctions

1. The Policy Suggestion

2. The Problem

i. Injunctions by Federal Courts

ii. Exclusion Orders by the ITC

3. Analysis

Closing Remarks

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Part of the Team: Building Closer Relationships Between MLB Teams and Independent Agents in the Dominican Republic through an MLB Code of Conduct

April 22, 2013 By Dustin Williamson in JIPEL Vol. 2 - No. 2 Tags: Sports

By Dustin Williamson* A pdf version of this article may be downloaded here.

Introduction

I. The Selection of Players and Its Effect on the Dominican Republic

A. Major League Baseball Recruiting

B. MLB in the Dominican Republic

II. Potential Labor and Human Rights Violations: An Analogy to a Multinational Corporation Supply Chain

A. Overview

B. Is This Labor At All? An Analogy to the Multinational Corporation Supply Chain

C. Sources of Potentially Applicable Labor and Human Rights Standards

1. International Labor Organization (ILO)

2. UN Convention of the Rights of the Child

D. Potential Violations

1. Child Labor

2. Education

3. Health and Safety

III. Corporate Codes of Conduct

A. Overview

B. MLB and a Corporate Code of Conduct

IV. An MLB Corporate Code of Conduct for the Dominican Republic

A. Features of MLB that Would Effect the Implementation of a CCOC

B. Suggested Features of an MLB Code of Conduct

1. Establish a Buscón Licensing Program

2. Require Teams to Provide Additional Education, Either On-Campus or Through a Partnership with Local Schools

3. International Draft

V. Development of an MLB Corporate Code of Conduct

Conclusion

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