JIPEL Vol. 4 – No. 2
Vol. 4 – No. 2 (Spring 2015)
The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 4 Issue 2 of the Journal. While individual PDFs of articles may be found accompanying their respective posts, you may download a complete PDF of the Issue here. Additionally, an ISSUU version of the complete Issue is available here.
Brief of Amici Curiae Law, Business and Economic Scholars in Support of Respondents in Alice Corp. Pty. Ltd. V. CLS Bank International, et. al.
By Jason M. Schultz* and Brian J. Love** A PDF version of this brief is available for download here.More →
A. Abstract Software Patents Should Be Limited, as There is Little Evidence That Software Innovators Rely on Patenting for Incentives to Innovate and Compete.
B. The Need for Socially Wasteful Defensive Bulwarks Has Primarily Driven Software Patenting Since Alappat and State Street, Rather than the Desire to Protect Investments in R&D or to Promote Competition.
C. The Explosion of Patent Assertion Entity Activity Has Aggravated the Costs of Abstract Software Claims.
D. A Robust Application of § 101’s Abstract Idea Prohibition Restores the Balance That Alappat and State Street Disrupted.
The Current State of Pre-1972 Sound Recordings: Recent Federal Court Decisions in California and New York against Sirius XM Have Broader Implications than Just Whether Satellite and Internet Radio Stations Must Pay for Pre-1972 Sound Recordings
By Steve Gordon* and Anjana Puri** A pdf version of this article may be downloaded here.More →
B. Possible Class Action Suits against Terrestrial Radio and Physical Venues That Play Pre-72 Sound Recordings
By Amy Lai* A PDF version of this article may be downloaded here.More →
Establishing an Indirect Liability System for Digital Copyright Infringement in China: Experience from the United States’ Approach
By Xiao Ma* Download a PDF version of this interview here.More →
1. Is the Sony Rule Still Applicable in a Digital World? The Implied Factors in Contributory Liability
1. Clarifying the Knowledge Requirements under § 512(c) and (d) of DMCA: Actual or Apparent Knowledge of Specific Infringement
By Krystil McDowall* A PDF version of this article is available here.More →
IV. Moving Forward: Congressional Amendment to Address the Use Dilemma – an Alternative Approach to Use under Australian Trademark Law
Restoring Order in European Patent Law: A Proposal for the Reintroduction of the Substantive Patent Provisions of the Unitary Patent Package into EU Law
By Michael J. Crowley* A PDF version of this article is available for download here.More →
B. Isolating Patent Law from EU Law Will Have Negative Consequences for Patent Law and Other Areas of Law
III. The Predicted Negative Consequences of the Inclusion of the Substantive Patent Provisions Were Exaggerated
A. The Ability for the UPC to Refer Questions of EU Law to the ECJ Will Not Lead to Debilitating Delays or Costs
B. The ECJ is Competent to Render Decisions in Patent Cases Despite its Lack of Experience in European Patent Law