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22 Aug 2023, 5:01 am by CodeX
By Joshua Walker, CodeX Non-Residential Fellow (first published on dai.ki) This may be the first time in history when you can lose your pants by holding onto them too tightly.1 I. [read post]
16 Apr 2014, 9:06 am by Eric Goldman
Chris Newman is a former Kozinski clerk and co-author, so I suspect Kozinski will consider this brief with extra interest. 21 other law professors signed this brief, including many friends such as Rebecca Tushnet and Mark Lemley. [read post]
7 Jan 2020, 10:26 am by Eric Goldman
It’s increasingly hard to find good news in Internet law, so I organized this year’s Internet Law roundup by categories of doom. [read post]
4 Dec 2018, 1:28 pm by Dennis Crouch
Judge Kavanaugh then referred to the Law Professors’ amicus brief, led by Mark Lemley, which maintained that the Court did indeed endorse the secret prior case law. [read post]
22 Jun 2010, 6:28 pm by Roberto M. Suárez
Professor Mark Lemley of Stanford Law School, in a group of 20 law and business professors, presented a brief amici curiae to the Supreme Court in the Bilski case critical of the “machine-or-transformation” test. [read post]
5 Jul 2011, 2:05 pm by Eric
(I know many people have advanced this argument, but I acknowledge Mark Lemley's recent evangelism of this point). [read post]
30 Aug 2012, 4:45 am by Ryan Flax
  According to Stanford Law School Professor Mark Lemley, “if there is one juror who seems more clearly knowledgeable than the others, the jury will often look to that person to help them work through the issues, and perhaps elect him foreman. [read post]
17 Oct 2015, 11:28 am by Rebecca Tushnet
  One Q is whether all forms of what Dogan & Lemley have called false endorsement to be a proposal to engage in a transaction. [read post]
7 Nov 2014, 8:47 am by Rebecca Tushnet
Roundtable on Jessica Silbey’s The Eureka Myth: Creators, Innovators, and Everyday Intellectual PropertyUniversity of Notre Dame Law School [I was very sorry that I arrived late due to a missed connection the previous night]Second Session: Distribution Models and Design PrinciplesJohn Golden: rule of law concerns: if there’s not a good fit between law’s underlying assumptions and what people think, they might lose respect for the law complicating legal compliance. [read post]
22 Dec 2016, 4:20 am by Lawrence B. Ebert
PatentlyApple has a post Apple Files a Major Antitrust Case against Acacia Research Corporation Pointing to a Conspiracy with Nokia Corporation which presents a complaint filed by Apple in federal ND Cal against Acacia (and others) asserting antitrust violations.The action involves "standard essential patents" acquired by non-practicing entities (also known as patent assertion entities [PAE]) from Nokia which were the subject of FRAND agreements:This conduct is all the more pernicious… [read post]
11 Aug 2016, 10:25 am by Rebecca Tushnet
  Reducing © protection is therefore premature.Mark Lemley: If you think we’re creating too much derivative stuff, ok, but challenges premise that attention scarcity causes that. [read post]
8 Feb 2014, 4:49 pm by Rebecca Tushnet
Session 4: IP Theory, Parlor BAnnemarie Bridy, Internet Payment BlockadesWikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard. [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Mark Lemley: a surprising number of your examples involved women. [read post]
4 Feb 2023, 12:16 pm by Rebecca Tushnet
A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. [read post]
8 Jul 2019, 3:02 pm by Camilla Hrdy
Jacob Victor has a remarkable new article on copyright compulsory licenses, forthcoming in the Stanford Law Review. [read post]
27 Apr 2014, 6:05 am by Florian Mueller
When the Federal Circuit finally (7.5 months after the appellate hearing) handed down its opinion in the "Posner case" (Apple v. [read post]
14 Jun 2021, 10:31 am by Eric Goldman
” For reasons that Mark Lemley and I explained in an amicus brief in this case, competitive keyword advertising is obviously a Prisoner’s Dilemma where competitors have an incentive to collude with each other. [read post]
9 Aug 2016, 10:44 am by Chris Castle
  If you have been following the machinations by the Obama Justice Department [sic] over amending the ASCAP and BMI consent decrees,  you may have found yourself wondering who was responsible for rejecting the good faith efforts of the songwriting community in favor of a cynical back room deal with multinational tech companies and broadcasters. [read post]