Contemporary Intellectual Property, Licensing & Information Law
The Contemporary Intellectual Property, Licensing & Information Law Blog covers privacy, data protection, and security. The author, Raymond T. Nimmer, is currently the Leonard Childs Professor of law at the University of Houston Law Center and co-director of the Houston Intellectual Property and Information Law Institute.
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Recent Articles
Standard Forms Often Need Reconsideration
In light of the many changes in privacy, intellectual property, and e-commercial law that have occurred in the past decade, standard forms and model agreements that were first brought into existence only a relatively short time ago should be re-examined to make them consistent not only with...
The Limits of First Sale Doctrine
One clear message of intellectual property law is that mere possession, or even ownership, of a product or a copy does not vitiate the rights-owner’s interest in and right to control use or disposition of the product or copy. First sale doctrine carves out a very limited exception to...
Posting as Implied License
Merely posting a work online does not relinquish all rights. As in other environments, merely placing property in public does not release property rights. The Internet context, however, may indicate that some actions with respect to the work are implicitly permitted. ...
Google Book "Settlement" is Bad Law and Bad for Copyright owners and Users
Many have asked my opinion of the Google Settlement. I join the broad opposition to the “settlement”: This is a bad deal for everyone other than for Google (which will become an entrenched monopoly). It is also bad precedent, taking legislative prerogatives, the...
Should Google be a regulated utility under its "Settlement"?
The Google Book Settlement (GBS) would give Google unprecedented power over hundreds of thousands of copyright owners and control of an asset that may become essential to 1) book publishers, 2) book authors, and 3) any entity that desires to operate a search or archive function regarding...
Google Book "Settlement" is Bad for Law, Copyright owners and Users
Many have asked my opinion of the Google Settlement. I join the broad opposition to the “settlement”: This is a bad deal for everyone other than for Google (which will become an entrenched monopoly). It is also bad precedent, taking legislative prerogatives, the property...
Content Protection and Copyright
Amid the information explosion brought on by digital technology, some important, content industry business models are failing. Indeed, we are in the midst of what may be a failure of some of business models of content industries such the traditional newspaper industry; significant economic...
Content Protection
Amid the information explosion brought on by digital technology, some important, content industry business models are failing. Indeed, we are in the midst of what may be a failure of some of business models of content industries such the traditional newspaper industry; significant...
"Good faith" in DMCA take-down notice should mean simple honesty.
DMCA Section 512 gives copyright owners an efficient means of responding to online infringements and provides a safe harbor protection for online providers. But some courts suggest that “good faith” in sending a take-down notice may require the copyright owner to evaluate whether...
Flawed ALI Software Contract "Principles"
The proposed draft of the fundamentally flawed ALI Principles of the Law of Software Contracts has been published and, given the in-bred politics of the American Law Institute, will almost certainly be approved. But then the Principles should be left to die a quiet and quick...
