This comment was prepared for the Harvard Law Review Forum “The New Private Law” Symposium (October 2011) as a response to Shyamkrishna Balganesh’s “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” 125 Harvard Law Review 1664 (2012).
Free online access to tax-funded scientific research is the most recent movement by American open-access advocate group Access2Research. The group calls for a policy similar to the one currently implemented by the National Institutes of Health (NIH). New scientific papers, which were funded by the NIH, are deposited in the online databank PubMED within a […]
Previously cited as “the case that could shut down the internet“, Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 (commonly known as AFACT v iiNet or the iiTrial) concluded with a unanimous decision from the Australian High Court ruling that the iiNet, an internet service provider, was not liable for copyright infringement from […]
In November 2011, the Advocate-General of the European Court of Justice (ECJ), Yves Bot, issued an influential but non-binding legal opinion, positing that the functional aspects of computer programs should not be protected under copyright law. To do so would be against the interests of fair dealing, by preventing decompilation and reverse engineering, among other […]
In a long-anticipated court ruling on May 9th, a California judge upheld former Village People lead singer Victor Willis’s right to reclaim ownership of hit songs such as “YMCA” and “In the Navy.” Early last year, Willis invoked an amendment of United States copyright law which deals with inalienable “termination rights” with respect to recordings […]
This April, the United States Court of Appeals ruled that Sergey Aleynikov, former Goldman Sachs software developer-turned convicted thief and spy, was wrongly charged and convicted of theft and espionage under the rationale that software code is not physical property and thereby not subject to theft. This ruling sparks the debate about whether criminal courts […]
The copyright and patent dispute between Oracle and Google continues, however a partial verdict on the copyright side of the debate has been handed down.
The issue at the heart of Sullivan v. Bristol Film Studios is not merely the trivial amount of damages. Instead, the analysis from this recent case puts the principle of proportionality front and centre.
May 14, 2012 brings the latest attempt at copyright reform, Bill C-11 one step closer to fruition. Bill C-11 began with its Introduction and Initial Reading before the House in September of 2011, and is presently, as of May 14 2012, in its Report Stage. Otherwise known as Canada’s Copyright Modernization Act, Bill C-11 was […]
Part of what makes studying the creative arts from a legal perspective so fascinating is the diversity of forms that art takes, and the ways in which law is sometimes underprepared to deal with issues brought forward through art. A classic instance of this problem is the case of Rick Gibson, a Canadian artist who […]