Ephemeral infringement by customizable software: liability structures to promote new technology and protect the old

Article Abstract:

Copyrights are only a slight hindrance to the development of customization technology, and a small protection to the proprietors of pre-existing code. Software patentees will have viable claims, but these may freeze the new technology market while providing insufficient protection against ephemeral infringement. Liability for the providers of networked customizing services and compulsory licenses for such services may be an optimizing solution.

Software protection, Copy protection

---

If Microsoft pitches into the wheelhouse on the copyright issue, should the Supreme Court swing?

Article Abstract:

The author outlines issues that the US Supreme Court should address in reviewing the District of Columbia Circuit's 2001 decision in US v. Microsoft. Federal circuit court cases addressing the question of whether the assertion of intellectual property rights immunizes a company from antitrust liability are analyzed.

Evaluation, Antitrust law, Intellectual property, Copyright infringement

---

Similar abstracts:

• Abstracts: A warning on a product may not bar liability, two courts hold in decisions citing the new Restatement. Guilt by association(s)? Injured plaintiffs sue groups that promote faulty products and standards
• Abstracts: New global interest netting provision cuts liability. IRS collections are not put off by offshore asssets. More becomes less when transferee liability attaches
• Abstracts: Co-infringement risk rises with software patents; Federal Circuit will likely rule on whether an action for contribution can be brought against alleged patent co-infringers
• Abstracts: Unpredictability factor narrows biotech patents; courts have held biotechnology inventions nonenabled when results are deemed unreliable
• Abstracts: QTIP's tax benefits increased by sale of remainder interest. Revisiting purchases of remainder interests in QTIP trusts

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.