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14 Oct 2019, 9:12 am by Rebecca Tushnet
With Mark Lemley, Jessica Litman, Lydia Loren, Pam Samuelson, and Erik Stallman. [read post]
9 Sep 2019, 1:54 pm by Rebecca Jeschke
EFF is proud to announce our newest Chair of our Board of Directors, renowned legal expert Pamela Samuelson. [read post]
8 Jul 2019, 3:02 pm by Camilla Hrdy
Merges, Pam Samuelson, Tim Wu, and more herein.Compulsory Licensing of Music, GenerallyA compulsory license, to state the obvious, is a way to obtain the rights to copyrighted content without negotiating directly with the rights holder; instead, the user gets to take advantage of a rate set by a statutory scheme.The big place this happens today is music licensing. [read post]
14 Jun 2019, 11:01 am by Rebecca Tushnet
In the tradition, it’s not inconsistent with ownership—ownership is requiredbefore you can have a duty or injunction to share with others.12:00pm   Acquired Functionality by Pam Samuelson, Berkeley LawAt the heart of her work: functionality is almost as difficult as harm. [read post]
25 Feb 2019, 8:32 am by Rebecca Tushnet
Pam Samuelson's amicus focusing on copyrightability was excellent and I hope it helps persuade the Court to finally take up this important issue in computer software. [read post]
30 Jan 2019, 4:48 pm by Mary Minow
We tweeted the Larry Lessig portion of the event and he was joined many other speakers captured in the livestream: Lawrence Lessig – Harvard Law Professor Cory Doctorow – Author & Co-editor, Boing-Boing Pam Samuelson – Berkeley Law Professor Paul Soulellis – Artist & Rhode Island School of Design Professor Jamie Boyle – Duke Law Professor & Founder, Center for the Study of the Public Domain Brewster Kahle – Founder & Digital… [read post]
2 Aug 2018, 8:02 am by Lisa Ouellette
Today: design, right of publicity, and trade secrets (including some notes on other panels where you can also find papers on these topics).Breakout 1 – IP Protection for DesignsSarah Burstein – Design patent phrase "partial designs" needs clearer definition.Mala Chatterjee – Conceptual separability test for copyright useful article doctrine should be whether article remains functionally identical when design element in question is removed.Joshua… [read post]
20 Jul 2018, 8:59 am by Camilla Alexandra Hrdy
Deepa Varadarajan's new article, The Trade Secret-Contract Interface, published in the Iowa Law Review, explores the role of contracts in trade secret law. [read post]
27 Apr 2018, 2:59 pm by Lisa Ouellette
Here are my comments from the fantastic BCLT/BTLJ symposium on the administrative law of IP, where I was on a panel discussing IP small-claims tribunals:You have already heard some insightful comments from Ben Depoorter and Pam Samuelson on copyright small-claims courts, including their analysis of problems with the proposed Copyright Alternatives in Small-Claims Enforcement (CASE) Act of 2017, as well as their thoughts on how a more narrowly tailored small-claims system might be… [read post]
27 Mar 2018, 5:05 pm by Cindy Cohn
  Confirmed Speakers*: Mitch Kapor, Co-founder of EFF and Co-chair of the Kapor Center for Social Impact Joi Ito, Director of the MIT Media Lab Cindy Cohn, Executive Director of the Electronic Frontier Foundation Cory Doctorow, celebrated sci-fi author and Editor in Chief of Boing Boing Edward Snowden, noted whistleblower and President of Freedom of the Press Foundation John Gilmore, EFF Co-founder, Board Member, entrepreneur, and technologist Trevor Timm, Executive Director of Freedom of the… [read post]
26 Mar 2018, 4:46 pm by Cindy Cohn
  Confirmed Speakers*: Mitch Kapor, Co-founder of EFF and Co-chair of the Kapor Center for Social Impact Joi Ito, Director of the MIT Media Lab Cindy Cohn, Executive Director of the Electronic Frontier Foundation Cory Doctorow, celebrated sci-fi author and Editor in Chief of Boing Boing Edward Snowden, noted whistleblower and President of Freedom of the Press Foundation John Gilmore, EFF Co-founder, Board Member, entrepreneur, and technologist Trevor Timm, Executive Director of Freedom of the… [read post]
20 Feb 2018, 11:46 am by Cory Doctorow
That means that if the Copyright Office likes your proposal, they can give you permission to jailbreak your gadgets to make some use (say, install third-party apps on your phone, or record clips from your DVDs to use in film studies classes), but they can't give anyone the right to give you the tool needed to make that use (law professor and EFF board member Pam Samuelson argues that the Copyright Office can go farther than this, at least some of the time, but the Copyright… [read post]
9 Jan 2018, 12:14 pm by aling
Pamela Samuelson cited by Project DisCo, Jan. 9, 2018 Professor Pam Samuelson … argued that the scenes a faire doctrine was more robust than suggested by Cisco. [read post]
4 Jan 2018, 9:58 am by Vera Ranieri
Amicus briefs in support of Arista were also submitted by Professor Pam Samuelson; Public Knowledge; CCIA (along with the American Antitrust Institute); and GitHub, Inc. [read post]
31 Mar 2017, 11:22 am by Rebecca Tushnet
Pam Samuelson, Functional CompilationsCommentators: Zahr Said and Steve Yelderman Said: Framing questions: what is functionality? [read post]
31 Mar 2017, 7:49 am by Rebecca Tushnet
Pam Samuelson: A mark that stays in one category for a long time, even if it’s super-strong, may be unlikely to affiliate with other products. [read post]
31 Mar 2017, 5:18 am by Rebecca Tushnet
Pamela Samuelson, The Relative Virtues of Bottom-Up and Top-Down Theories of Fair UseA Response to Abraham Bell and Gideon Parchomovsky, The Dual-Grant Theory of Fair Use,83 U Chi L Rev 1051 (2016).Abstract: This Essay explains why I think that Dual-Grant takes an unduly narrow view of the work that fair use does and should do in US copyright law, is blatantly inconsistent with existing case law in more ways than it acknowledges, fails to recognize important values found in many fair use… [read post]
2 Mar 2017, 3:30 am by Pam Samuelson
Pam Samuelson Twenty-some years ago, there was much speculation about how well the World Trade Organization (WTO) dispute resolution process would work, and in particular, whether developed countries would be more likely to comply with their WTO obligations in respect of developing nations because the latter would have the right, subject to approval by the relevant WTO Dispute Settlement Body (DSB), to retaliate against violations of WTO obligations by suspending enforcement of… [read post]
18 Nov 2016, 1:42 pm by Rebecca Tushnet
Pam Samuelson ReflectionsPraised Jaszi’s leadership in fighting White Paper, Digital Future Coalition; the DMCA could have been much worse. [read post]