Apple's success with the Apple iPhone has brought with it certain problems. Its success has engen... more Apple's success with the Apple iPhone has brought with it certain problems. Its success has engendered a community that has attempted to circumvent Apple's exclusive service agreement with AT&T. Unfortunately for Apple (and similarly situated manufacturers), intellectual property law allows consumers to alter their products so as to circumvent relationships that manufacturers may have with others. The patent and copyright law first sale doctrine allows consumers to manipulate a product after it is purchased. As a result, manufacturers are increasingly turning to alternatives to intellectual property to secure control over the device after the sale. One such alternative is the exclusion of warranty under Article 2 of the Uniform Commercial Code.
This Article explores the difficulties that high technology markets pose for patent law and, in p... more This Article explores the difficulties that high technology markets pose for patent law and, in particular, for patent injunctions. It then outlines the ways in which "open source innovation" is unusually vulnerable to patent injunctions. It argues that courts can recognize this vulnerability, and respond to the particular competitive and innovative benefits of open source innovation, by flexibly applying the Supreme Court's ruling in eBay v. MercExchange. Having dealt with the lamentable failure of the International Trade Commission to exercise a similar flexibility in its own patent jurisprudence, despite statutory and constitutional provisions that counsel otherwise, the Article concludes with some recommendations for reform. † William Neal Reynolds Professor of Law, Duke University School of Law. The Open Invention Network funded the research for this Article. The conclusions are my own.
Copyright law protects orphan and parented works equallybut it shouldn't. Consequently, current l... more Copyright law protects orphan and parented works equallybut it shouldn't. Consequently, current law unnecessarily restrains public access to works that authors have not exercised dominion over for decades. This problem has come to the fore in the Google Books settlement, which critics argue will give Google a de facto monopoly over orphan works. But this criticism implicates an obvious question: Why are orphan works protected by copyright law in the first place? If orphan works were in the public domain, then no one would worry about Google's supposed "monopoly" because Google's competitors would be free to copy the works without facing class action lawsuits.
YOGI EKAMANTI, SH B4B 006 25 6 PROGRAM STUDI MAGISTER KENOTARIATAN PROGRAM PASCA SARJANA UNIVERSI... more YOGI EKAMANTI, SH B4B 006 25 6 PROGRAM STUDI MAGISTER KENOTARIATAN PROGRAM PASCA SARJANA UNIVERSITAS DIPONEGORO SEMARANG 2008 2 TESIS PENYELESAIAN SENGKETA DALAM PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA DALAM HAL TERJADINYA KREDIT MACET PADA PT.BPR SETIA KARIB ABADI DI KOTA SEMARANG Disusun Oleh: YOGI EKAMANTI, SH B4B 006 25 6 Telah Dipertahankan di depan Tim Penguji Pada Tanggal 12 Juni 2008 Dan dinyatakan telah memenuhi syarat untuk diterima Telah disetujui, Pembimbing Utama, Yunanto, S.H., M. Hum NIP. 131 689 627 Mengetahui, Ketua Program Studi Magister Kenotariatan Mulyadi, S.H., M.S NIP. 130 529 429 PENYELESAIAN SENGKETA DALAM PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA DALAM HAL TERJADINYA KREDIT MACET PADA PT.BPR SETIA KARIB ABADI DI KOTA SEMARANG
Apple's success with the Apple iPhone has brought with it certain problems. Its success has engen... more Apple's success with the Apple iPhone has brought with it certain problems. Its success has engendered a community that has attempted to circumvent Apple's exclusive service agreement with AT&T. Unfortunately for Apple (and similarly situated manufacturers), intellectual property law allows consumers to alter their products so as to circumvent relationships that manufacturers may have with others. The patent and copyright law first sale doctrine allows consumers to manipulate a product after it is purchased. As a result, manufacturers are increasingly turning to alternatives to intellectual property to secure control over the device after the sale. One such alternative is the exclusion of warranty under Article 2 of the Uniform Commercial Code.
This Article explores the difficulties that high technology markets pose for patent law and, in p... more This Article explores the difficulties that high technology markets pose for patent law and, in particular, for patent injunctions. It then outlines the ways in which "open source innovation" is unusually vulnerable to patent injunctions. It argues that courts can recognize this vulnerability, and respond to the particular competitive and innovative benefits of open source innovation, by flexibly applying the Supreme Court's ruling in eBay v. MercExchange. Having dealt with the lamentable failure of the International Trade Commission to exercise a similar flexibility in its own patent jurisprudence, despite statutory and constitutional provisions that counsel otherwise, the Article concludes with some recommendations for reform. † William Neal Reynolds Professor of Law, Duke University School of Law. The Open Invention Network funded the research for this Article. The conclusions are my own.
Copyright law protects orphan and parented works equallybut it shouldn't. Consequently, current l... more Copyright law protects orphan and parented works equallybut it shouldn't. Consequently, current law unnecessarily restrains public access to works that authors have not exercised dominion over for decades. This problem has come to the fore in the Google Books settlement, which critics argue will give Google a de facto monopoly over orphan works. But this criticism implicates an obvious question: Why are orphan works protected by copyright law in the first place? If orphan works were in the public domain, then no one would worry about Google's supposed "monopoly" because Google's competitors would be free to copy the works without facing class action lawsuits.
YOGI EKAMANTI, SH B4B 006 25 6 PROGRAM STUDI MAGISTER KENOTARIATAN PROGRAM PASCA SARJANA UNIVERSI... more YOGI EKAMANTI, SH B4B 006 25 6 PROGRAM STUDI MAGISTER KENOTARIATAN PROGRAM PASCA SARJANA UNIVERSITAS DIPONEGORO SEMARANG 2008 2 TESIS PENYELESAIAN SENGKETA DALAM PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA DALAM HAL TERJADINYA KREDIT MACET PADA PT.BPR SETIA KARIB ABADI DI KOTA SEMARANG Disusun Oleh: YOGI EKAMANTI, SH B4B 006 25 6 Telah Dipertahankan di depan Tim Penguji Pada Tanggal 12 Juni 2008 Dan dinyatakan telah memenuhi syarat untuk diterima Telah disetujui, Pembimbing Utama, Yunanto, S.H., M. Hum NIP. 131 689 627 Mengetahui, Ketua Program Studi Magister Kenotariatan Mulyadi, S.H., M.S NIP. 130 529 429 PENYELESAIAN SENGKETA DALAM PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA DALAM HAL TERJADINYA KREDIT MACET PADA PT.BPR SETIA KARIB ABADI DI KOTA SEMARANG
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