Blog

The Failure of the DMCA Notice and Takedown System

Today, CPIP released an important new policy brief, The Failure of the DMCA Notice and Takedown System: A Twentieth Century Solution to a Twenty-First Century Problem, by Professor Bruce Boyden of Marquette University Law School.  Professor Boyden argues that the DMCA notice and takedown system is outdated and not up to the task of reducing … Continue reading “The Failure of the DMCA Notice and Takedown System”

The Internet Does Not Reset the Copyright-Free Speech Balance

Today, CPIP released an important new policy brief, “The Internet Does Not Reset the Copyright-Free Speech Balance,” by Sean O’Connor, Professor of Law at the University of Washington School of Law in Seattle.  Professor O’Connor argues that “the First Amendment and copyright law maintain the same complementary relationship in cyberspace that they have in regular … Continue reading “The Internet Does Not Reset the Copyright-Free Speech Balance”

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.  Proponents of weakening … Continue reading “Copyright is Still Essential to a Free Market in Creative Works”

The Nadir of “Patent Troll” Rhetoric

The venerable high-tech company IBM is no more a “patent troll” than any other legitimate company that engages in patent licensing. Yet, according to the very arguments of those who are using this ill-defined and misleading term, the shoe fits. The case in point is the recent demand letter IBM sent to Twitter, asserting violation of … Continue reading “The Nadir of “Patent Troll” Rhetoric”

Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)

Below is the text of the oral testimony provided by Professor Adam Mossoff to the Senate Commerce, Science and Transportation Committee, the Consumer Protection, Product Safety, and Insurance Subcommittee, in its November 7, 2013 hearing on “Demand Letters and Consumer Protection: Examining Deceptive Practices by Patent Assertion Entities.” Information on the hearing is here, including … Continue reading “Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)”

Mercatus’s Unhelpful Business Advice to the Creative Industries

Washington, D.C. is full of smart people with great ideas about how other people should run their lives and businesses. The more innocent of first hand knowledge and practice they are, the more generous and enthusiastic they seem to be with their advice. While free market advocates are particularly fond of criticizing progressives for this … Continue reading “Mercatus’s Unhelpful Business Advice to the Creative Industries”

GAO Report Confirms No “Patent Troll” Litigation Problem

As we previously reported, there are serious concerns with the studies asserting that a “patent litigation explosion” has been caused by patent licensing companies (so-called non-practicing entities (“NPEs”) or “patent trolls”). These seemingly alarming studies (see here and here) have drawn scholarly criticism for their use of proprietary, secret data collected from companies like RPX … Continue reading “GAO Report Confirms No “Patent Troll” Litigation Problem”

A Brief History of Software Patents (and Why They’re Valid)

Today, there is significant public debate over patents on the digital processes and machines that comprise computer software programs. These are often referred to as “software patents,” but this is an odd moniker. Aside from the similarly mislabeled debate over “DNA patents,” nowhere else in the patent system do we refer to patents on machines … Continue reading “A Brief History of Software Patents (and Why They’re Valid)”

Teleforum Panel on End-User Lawsuits in Patent Law on August 29 (free and open to the public)

End-User Lawsuits in Patent Litigation: A Bug or a Feature of Patent Law? A Teleforum Panel (Free and Open to the Public) Thursday, August 29, 2013 Noon – 1pm (EST) In the patent policy debates today, one issue that has proven a flash point of controversy is patent infringement lawsuits against consumers and retailers, such … Continue reading “Teleforum Panel on End-User Lawsuits in Patent Law on August 29 (free and open to the public)”

Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)

[Cross Posted to Truth on the Market] In its recent decision in Douglas Dynamics v. Buyers Products Co. (Fed. Cir., May 21, 2013), the Federal Circuit was forced to reverse a district court’s abuse of its discretion because the trial judge injected an anti-patent bias into the legal test for determining whether a patent-owner should … Continue reading “Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)”