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? Read more
Author: Devlin Hartline
Alice Gets the Most Important Question Right
By far the most important takeaway from today’s Supreme Court decision in Alice Corp. v. CLS Bank is the Court’s acknowledgment that “many computer-implemented claims are formally addressed to patent-eligible subject matter.” Despite failing to alleviate the profound confusion caused by its recent §101 analysis in cases like Bilski, Myriad, Mayo, and plenty of earlier cases going all the way back to Benson, the Court once and for all put to rest the absurd notion that computer-implemented inventions are not patentable under §101. Read more
Copyright is Still Essential to a Free Market in Creative Works
In the modern digital era, strong copyright protection is still an essential component of a flourishing free market in creative works. Viewed properly as a property right in creative works, copyright is fundamental to economic freedom in our creative economy. Criticisms of copyright have flooded the public policy debate in recent years. Read more