Extending the new patent misuse limitation to copyright: Lasercomb America, Inc. v. Reynolds
Article Abstract:
Congress enacted the 1988 Patent Misuse Reform Act in response to the ruling in Lasercomb America, Inc v Reynolds, which determined that Lasercomb's patent was unenforceable, therefore aiding Reynolds in deliberate copyright infringement. The Act requires that courts consider market factors when applying the misuse doctrine because it pre-dates most high-tech industries and therefore does not include the market necessity of patents for competitiveness. The old law adversely affects US competitiveness through an incorrect application of antitrust philosophy.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1992
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Squeezing the square peg of digital sound sampling into the round hole of copyright law: who will pay the piper?
Article Abstract:
Grand Upright Music Ltd v Warner Bros Records, Inc was the first ruling to hold that unauthorized digital sampling constitutes infringement under the Copyright Act of 1976. However, many grey areas and confusions remain concerning what circumstances and how much sampling of a copyrighted work result in infringement. The basic requirements are that the work is validly copyrighted and that the piece in question is an unauthorized copy. The Act needs to be amended by Congress to deal with the confusions surrounding digital sampling.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1992
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The vices of originality
Article Abstract:
The US Supreme Court, in Feist Publications Inc v Rural Telephone Service Inc, determined that some compilations of fact such as telephone directories are not covered under the requirement of originality of the constitution's Intellectual Properties clause. This decision may create unfortunate ramifications for other compilations and non-original works such as maps or computer programs. Implications of this decision for various fields of publication and possible Congressional alternatives are presented.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1991
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