Creators, Innovators, and Appropriation Mechanisms

In Creators, Innovators, and Appropriation Mechanisms, CPIP Senior Scholar Sean O’Connor tackles the erroneous narrative in copyright debates that tech firms produce “the innovative technologies and digital platforms of the future” while content owners “thwart this progress to maintain the status quo of an analog content world that no longer exists.” The reality, O’Connor explains, … Continue reading “Creators, Innovators, and Appropriation Mechanisms”

How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms

We’ve all heard the narrative about patent licensing firms, often referred to pejoratively as “patent trolls.” These patent owners, who choose to license their innovations rather than build them, are the supposed poster-children of a “broken” patent system. It’s as if commercializing one’s property, just like a landlord leases his land for another to use, … Continue reading “How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms”

Unintended Consequences of “Patent Reform”: The Customer Suit Exception

In the last two weeks, the House and Senate Judiciary Committees marked up wide-ranging patent legislation ostensibly aimed at combating frivolous litigation by so-called “patent trolls.” But while the stated purpose of the House and Senate bills—H.R. 9 (the “Innovation Act”) and S. 1137 (the “PATENT Act”), respectively—is to combat abusive litigation, a closer look … Continue reading “Unintended Consequences of “Patent Reform”: The Customer Suit Exception”

CloudFlare Enjoined From Aiding Infringers: Internet Unbroken

Just how far does a court’s power to enjoin reach into cyberspace? It’s clear enough that those directly posting or hosting infringing content are subject to an injunction. But what about a company such as CloudFlare that provides content delivery network and domain name server services? Does an injunction under Rule 65 against anyone acting … Continue reading “CloudFlare Enjoined From Aiding Infringers: Internet Unbroken”