Posts Tagged: "american university"

Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law

Judge Leval found fair use and ruled in favor of the defendants. However, this was quickly reversed and remanded by the Second Circuit Court of Appeals under the logic that that previously unpublished works were immune from fair use due to a right of privacy. Leval now thinks his opinion deserved to be reversed, but the Court of Appeal’s opinion was even more problematic. He opined that the “[i]nability to quote from unpublished documents would seriously impair history, political commentary, [and] journalism.” As he described Craft v. Kobler (1987), New Era Publications v. Henry Holt & Co. (1988), and American Geophysical Union v. Texaco (1992), a pattern became clear: Judge Leval’s application of the fair use doctrine throughout the past thirty years has been based on furthering the advancement and edification of the public.

Victoria Gómez-Morgan

November 25, 2015

Patent Eligibility Today: Are Software Methods Patentable?

Two common criticisms of software patents, as compared to patents in the pharmaceutical and biotech sectors, are (a) the relatively low cost of invention; and (b) the relative ease of implementation. Are these the right factors for us to be considering for purposes of inventiveness? It seems to me that if we are going to be perfectly honest and engage in a discussion that embraces the realities of the industry we have to recognize that this criticism from those who detest software patents is based on factual fallacies. If software is so easy to create and implement why then does software of all sorts suffer from so many problems, require so many fixes and crash without warning?

Gene Quinn

April 11, 2013

American University Lecture: What the Federal Circuit Can Learn from the Supreme Court–and Vice Versa

Description: Professor Rochelle Dreyfuss (New York University School of Law) on “What the Federal Circuit Can Learn from the Supreme Court–and Vice Versa” Date & Time: October 20, 2009 from 5:00pm to 7:30pm Reception: 5:00 PM Lecture: 6:00 PM

Gene Quinn

October 15, 2009