Posted on December 4th, 2012 by Derek Bambauer
The Supreme Court has granted cert in Association of Molecular Pathology v. Myriad Genetics, a decision that seemed inevitable from the moment the Federal Circuit issued its fractured, confused set of opinions upholding the breast cancer gene patents. The case represents another foray by the Supreme Court into patentable subject matter, on the heels of [...]
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Filed under: Court Decisions, Law School, Patents, Scholarship
Posted on October 2nd, 2011 by Derek Bambauer
Thanks to Dan and the Prawfs crew for having me! Blogging here is a nice distraction from the Red Sox late-season collapse. I thought I’d start with a riddle: what do roller derby, windsurfing, SourceForge, and GalaxyZoo have in common? Last week, NYU Law School hosted Convening Cultural Commons, a two-day workshop intended to accelerate [...]
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Filed under: Copyright, Digital Media, Intermediaries, Law School, Open Access, Patents, Peer Production, Scholarship
Posted on August 8th, 2011 by Tim Armstrong
In a time when unemployment seems to be stuck above nine percent, it’s not surprising that the debate over practically every public policy proposal seems to begin with the question, how will it affect jobs? Sometimes, as with government stimulus spending, the question makes sense: if we inject $X into the economy, Y jobs will [...]
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Filed under: Copyright, Internet & Society, Patents, Politics
Posted on July 20th, 2011 by Derek Bambauer
Oliver Day and I presented the idea behind our article The Hacker’s Aegis (now available from Emory Law Journal – the cite, for law nerds, is 60 Emory L.J. 1051 (2011)) at the Berkman Center for Internet & Society at Harvard Law School yesterday. The Webcast of the talk should be available soon. We had [...]
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Filed under: badware, Berkman, Computer crime, Copyright, Court Decisions, Law School, Microsoft, national security, Open Access, Patents, Peer Production, Scholarship, Security, Software
Posted on May 13th, 2011 by Tim Armstrong
Teaching Civil Procedure and Copyright together again during the just concluded semester, which I have not done since 2007, made for a study in contrasts. As we teach it at Cincinnati, the second semester Civ Pro course is an in-depth examination of some of the trickiest and most important provisions to be found in the [...]
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Filed under: Cincinnati, civil procedure, Copyright, Education & Copyright, Internet & Society, Law School, Patents, RIAA, Trademarks
Posted on June 28th, 2010 by Derek Bambauer
The Supreme Court has finally (finally!) issued its opinion in In Re Bilski. The short version: business method patents are OK, but not Bilski’s; the “machine or transformation” test pushed by the Federal Circuit is helpful, but not exclusive, in determining patentability; and piecing together the “majority” opinion is like solving Rubik’s cube. I think [...]
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Filed under: Copyright, Court Decisions, Patents
Posted on April 2nd, 2010 by Derek Bambauer
No, it’s not the Butler Bulldogs trying to mess with the Spartans, though Michigan State is involved. I’m presenting The Hacker’s Aegis (forthcoming in the Emory Law Journal) at the Junior Scholars in IP Workshop at MSU’s College of Law. My friend Dave Levine has a paper on trade secrets here, and there’s a wealth [...]
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Filed under: Blogging, Copyright, Law School, Media, Patents, Scholarship, Security, Trademarks
Posted on March 1st, 2010 by Derek Bambauer
My friend and Berkman colleague Oliver Day and I have just released a new paper, The Hacker’s Aegis. It argues that intellectual property law has been hacked to block socially valuable research on software security. Moreover, we contend that software vulnerability data challenges existing assumptions, and scholarship, on how information about improvements to works protected [...]
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Filed under: badware, Berkman, Computer crime, Copyright, Digital Media, Encryption, Internet & Society, Law School, Microsoft, Patents, Peer Production, RIAA, Scholarship, Security, Software, Trademarks
Posted on August 7th, 2009 by William McGeveran
I am at the Intellectual Property Scholars Conference at Cardozo Law School in New York City. If you don’t have the good fortune to be here with me, the agenda and paper abstracts are on line. A couple of idiosyncratic highlights for me so far include: Tom Lee’s empirical analysis of how consumers perceive the [...]
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Filed under: Blogging, Copyright, Internet & Society, Law School, Patents, Scholarship, Trademarks
Posted on January 29th, 2009 by Derek Bambauer
In re Bilski set the patent world aflutter when the Federal Circuit held that business methods, as exemplified in Bilski, fail to qualify as patentable subject matter under Section 101 of the Patent Act. Now, there is a cert petition to the Supreme Court to hear Bilski’s appeal. I’m rapidly reading the petition and will [...]
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Filed under: Court Decisions, Law School, Media, Patents, Scholarship