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Congress clears the way for copyright infringement suits against states: the Copyright Remedy Clarification Act

Article Abstract:

The Copyright Remedy Clarification Act (CRCA) is a worthless law. Congress relied on data supplied by the Copyright Office that was misleading, at best. Copyright owners have, and had before the passage of the act, remedies available when pursuing copyright infringement cases against states. The federal courts never needed to enter the picture, but they will since the passage of CRCA. It is the public who will eventually pay the bills resulting from this act.

Author: Demmon, Jennifer J.
Publisher: University of Iowa Journal of Corporation Law
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1992
Government liability, Copyright, Copyrights

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The antitrust duty to deal and intellectual property rights

Article Abstract:

Courts, in applying antitrust law to intellectual property rights, have struggled with whether a duty to deal should be imposed on intellectual property holders. In antitrust law, a duty to deal is sometimes imposed to prevent the intentional establishment of monopolies. With patent law as a guide, courts should impose a duty to deal in the intellectual property context only in limited cases where holders have misused their rights.

Author: Lee, William F., Burling, James C., Krug, Anita K.
Publisher: University of Iowa Journal of Corporation Law
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1999

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Networks and intention in antitrust and intellectual property

Article Abstract:

Antitrust law and intellectual property law have begun significantly to intersect since the 1980s. This has been particularly true in markets in which network effects are prominent. However, antitrust law should not be used to limit the right of intellectual property owners to exclude others from using covered technology. Such acts of pure exclusion are central to intellectual property law's goal of promoting innovation.

Author: McGowan, David
Publisher: University of Iowa Journal of Corporation Law
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1999

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Subjects list: Laws, regulations and rules, Intellectual property, United States, Interpretation and construction, Antitrust law
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