Written Description

  Dave Fagundes  and  Aaron Perzanowski  have just posted a very interesting and thought-provoking paper draft on SSRN called " How Int...

In his fascinating 2020 article in  Cardozo Law Review,  entitled  Copyright and Attention Scarcity ,  Jake Linford provided a new justifica...

Using software often means you have to sign a contract as a condition for using the software. This "end user license agreement," c...

The Supreme Court ruled yesterday in Google v. Oracle that Google did not infringe Oracle's copyright in its APIs by virtue of fair use...

I thoroughly enjoyed Charles Tait Graves new article: Should California’s Film Script Cases Be Merged into Trade Secret Law?, which was re...

I had the pleasure of listening to the Supreme Court oral argument in near real-time from the comfort of my desk last Wednesday, one of the ...

Hello again, it's been a while. My administrative duties have sadly kept me busy, limiting my blogging since the summer. But since I...

Jacob Victor has a remarkable new article on copyright compulsory licenses, forthcoming in the Stanford Law Review . The article boldly wad...

Typically, describing an article as polarizing refers to two different groups having very different views of an article. But I read an artic...

I'm a big fan of transformative use analysis in fair use law, except when I'm not. I think that it is a helpful guide for determinin...

The Stanford Technology Law Review just published an interesting new copyright article, An Empirical Study of Transformative Use in Copyrig...

Winter break has ended and so, too, has my brief blogging break. I've blogged before ( many times ) about the ongoing Oracle v. Google...

It's a grading/break week, so just a short post. A recent article that I enjoyed a lot, but that hasn't found much love on SSRN is P...

Several years ago, both Lisa and I wrote about Heald, et al.'s study that attempted to value public domain photographs as used on Wik...

It's an open secret that musicians will sometimes borrow portions of music or lyrics from prior works. But how much borrowing is too muc...

My school started much earlier than my kids' school this year, so I spent a couple weeks at home while the rest of the family visited re...

Last April, I had the good fortune to participate in a symposium at Penn Law School. The symposium gathered a variety of IP scholars to focu...

I didn't blog last week because, well, I was at Disneyland. But I love IP, and when you're a hammer, everything is a nail. So, I cou...

Yesterday I previewed the panels on patents and innovation at next week's  IP Scholars Conference at Berkeley Law . Here are the copyri...

Just before the summer recess, the Supreme Court snuck in a certiorari grant that I don't think has received much attention in proporti...