Past Essays & Op-Eds

2016 Essays & Op-Eds

Kevin Madigan
Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System
CPIP Blog
December 19, 2016

David Lund
Congress Can Save Software Patents by Repeating One of Its Successes
IPWatchdog
December 11, 2016

Adam Mossoff & Charles Sauer
Congress Saved Software in 1980, and It Should Do It Again Today
The Weekly Standard
December 10, 2016

David Lund
Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System
CPIP Blog
December 9, 2016

David Lund
New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule
CPIP Blog
December 8, 2016

Ryan Holte
Patent Submission Policies: Is it Time to Reconsider Commercialization Communications?
IPWatchdog
November 14, 2016

David Lund
New Paper Addresses Flaws in Patent Holdup Theory
CPIP Blog
November 9, 2016

Kevin Madigan
Digital Single Market Must Protect the Rights of All Authors and Publishers
Mister Copyright
October 31, 2016

David Lund
Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines
CPIP Blog
October 27, 2016

Mark Schultz & Kevin Madigan
It’s Time to Fix the Global Patent System Before It Breaks Under the Weight of New Applications
IPWatchdog
October 24, 2016

CPIP Staff
New CPIP Report: The Global Patent Pendency Problem
CPIP Blog
October 24, 2016

Kristen Osenga
The FTC’s PAE Study: Doing More Harm Than Good
IPWatchdog
October 20, 2016

Kevin Madigan
Content Thief Turned Content Creator Rails Against Piracy
Mister Copyright
October 15, 2016

Devlin Hartline
Second Circuit Brings Some Sanity Back to Transformative Fair Use
CPIP Blog
October 13, 2016

Adam Mossoff
Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung
CPIP Blog
October 12, 2016

Devlin Hartline
FTC’s PAE Study Makes Unsupported Recommendations
CPIP Blog
October 6, 2016

Kevin Madigan
Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters
Mister Copyright
September 28, 2016

Devlin Hartline
Professors Mislead FCC on Basic Copyright Law
CPIP Blog
September 28, 2016

Kevin Madigan
UNITAID’s Request for Suggestions on Breaking Down IP Barriers Ignores Harmful Patent Delay
CPIP Blog
September 26, 2016

Devlin Hartline
Criminal Copyright Infringement is Crime of “Moral Turpitude”
Law Theories
September 26, 2016

Devlin Hartline
Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible
CPIP Blog
September 16, 2016

Kevin Madigan
European Union Draws a Line on Infringing Hyperlinks
Mister Copyright
September 12, 2016

CPIP Staff
Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief
CPIP Blog
September 13, 2016

Sean O’Connor
Google Magenta’s AI Melody and 4 Canadian Songwriters
Means of Innovation
August 29, 2016

Kevin Madigan
Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners
CPIP Blog
August 24, 2016

Sean O’Connor
Update to Music Remixing vs. Remastering
Means of Innovation
August 22, 2016

Devlin Hartline
CloudFlare’s Desperate New Strategy to Protect Pirate Sites
CPIP Blog
August 17, 2016

Bhamati Viswanathan
The European Union Extends Copyright in Design—and Critics Balk (Yet Again)
CPIP Blog
August 15, 2016

Sean O’Connor
Music Remixing vs. Remastering: What Was Licensed in the ABS v. CBS Lawsuit?
Means of Innovation
August 1, 2016

CPIP Staff
Law Professors & Economists Urge Caution on VENUE Act in Letter to Congress
CPIP Blog
August 1, 2016

Bhamati Viswanathan
CPIP Scholars File Amicus Brief in Trading Technologies v. CQG
CPIP Blog
July 29, 2016

Kevin Madigan
Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue
CPIP Blog
July 27, 2016

Kevin Madigan
The Dangerous Combination of Content Theft and Malware
Mister Copyright
July 24, 2016

Adam Mossoff & Kevin Madigan
Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine
CPIP Blog
July 14, 2016

Adam Mossoff
The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
Truth on the Market
July 6, 2016

Erika Lietzan, Kevin Madigan, & Mark Schultz
Proposed CREATES Act Threatens Patent Owners’ Rights
CPIP Blog
July 5, 2016

Devlin Hartline
Do As I Say, Not As I Do: Google’s Patent Transparency Hypocrisy
CPIP Blog
June 30, 2016

Matthew Barblan & Kevin Madigan
Three Years Later, DMCA Still Just as Broken
CPIP Blog
June 30, 2016

Sean O’Connor
No Stairway (Infringement) and the Importance of Shared Design Tools in Innovation
Xconomy
June 29, 2016

Devlin Hartline
Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo
CPIP Blog
June 28, 2016

Devlin Hartline & Kevin Madigan
How Strong Patents Make Wealthy Nations
CPIP Blog
June 24, 2016

Kevin Madigan
Advertiser Pledge Sets Example of Accountability in the Fight Against Piracy
Mister Copyright
June 23, 2016

Devlin Hartline
Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases
IPWatchdog
June 22, 2016

Sean O’Connor
Why “Stairway to Heaven” Doesn’t Infringe “Taurus” Copyright: Analysis & Demo of “Scenes a Faire” Motif Common to Both
Means of Innovation
June 15, 2016

CPIP Staff
IP Scholars to FCC: It’s Not About “The Box”
CPIP Blog
June 15, 2016

Kevin Madigan
Radiohead Video Makes Unauthorized Use of Fictional Characters
Mister Copyright
June 9, 2016

Matthew Barblan & Kevin Madigan
FCC’s Extreme Proposal Threatens the Livelihood of Creators
CPIP Blog
May 25, 2016

Kevin Madigan
Google Image Search and the Misappropriation of Copyrighted Images
Mister Copyright
May 2, 2016

Kevin Madigan & Devlin Hartline
Copyright Policy Should Be Based On Facts, Not Rhetoric
IPWatchdog
April 29, 2016

Mark Schultz & Philip Stevens
How Canada’s Catch-22 Drug-Patent Laws are Stifling Innovation
Financial Post
April 28, 2016

Kevin Madigan & Devlin Hartline
Separating Fact from Fiction in the Notice and Takedown Debate
CPIP Blog
April 25, 2016

Devlin Hartline
Acknowledging the Limitations of the FTC’s PAE Study
CPIP Blog
April 25, 2016

Sandra Aistars
A New Librarian of Congress and a New Copyright Office
CPIP Blog
April 20, 2016

Kristen Osenga
Why the FTC Study on PAEs is Destined to Produce Incomplete and Inaccurate Results
IPWatchdog
April 20, 2016

Sandra Aistars
Intellectual Property Professors Call on Congress to Modernize the Copyright Office
IPWatchdog
April 15, 2016

Rebecca Cusey
Middle Class Artists Want a DMCA System That Works
CPIP Blog
April 1, 2016

Devlin Hartline
Copyright Scholars: Courts Have Disrupted the DMCA’s Careful Balance of Interests
CPIP Blog
April 1, 2016

Adam Mossoff
Weighing the Patent System
Washington Times
March 24, 2016

Devlin Hartline
Changes to Patent Venue Rules Risk Collateral Damage to Innovators
CPIP Blog
March 22, 2016

Adam Mossoff & Devlin Hartline
No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful
The Hill
March 9, 2016

Chris Holman
Copyright for Engineered DNA (Part 1, Part 2, Part 3)
GQ Life Sciences
February 23 – March 8, 2016

Kevin Madigan
Artur Fischer’s Life Illustrates the Power of Invention
CPIP Blog
February 9, 2016

Devlin Hartline
Attacking the Notice-and-Staydown Straw Man
CPIP Blog
February 3, 2016

Kristen Osenga
Patent ‘Reform’: What We Need First Is A Role Reversal
ACSblog
January 26, 2016

Devlin Hartline
Notice-and-Staydown and Google Search: The Whack-A-Mole Problem Continues Unabated
CPIP Blog
January 17, 2016

Devlin Hartline
Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense
CPIP Blog
January 14, 2016

Rebecca Cusey
Jennifer Lawrence Movie “Joy” Highlights the Need for Patent Protection
CPIP Blog
January 7, 2016

Devlin Hartline
How Patents Help Startups Grow, Innovate, and Succeed
CPIP Blog
January 6, 2016


2015 Essays & Op-Eds

Devlin Hartline
One Step Closer to Mega Justice: Kim Dotcom Loses Extradition Hearing
Law Theories
December 23, 2015

Devlin Hartline
BMG v. Cox: ISP Liability and the Power of Inference
Law Theories
December 20, 2015

Devlin Hartline & Matthew Barblan
Protecting Artists from Streaming Piracy Benefits Creativity and Technology
The Hill
December 10, 2015

Devlin Hartline
Principles and Priorities to Guide Congress’s Ongoing Copyright Review
CPIP Blog
December 8, 2015

Adam Mossoff
Repetition of Junk Science & Epithets Does Not Make Them True
IPWatchdog
November 19, 2015

Mark Schultz
Debunking Myths About the Proposed Federal Trade Secrets Act
CPIP Blog
November 17, 2015

Adam Mossoff & Devlin Hartline
State Laws on Patent Demand Letters are Unnecessary Threats to the Innovation Economy
Morning Consult
October 16, 2015

Terrica Carrington
Strong IP Protection Provides Inventors and Creators the Economic Freedom to Create
IPWatchdog
October 15, 2015

Devlin Hartline & Terrica Carrington
Let’s Get Real About Kim Dotcom: The Indictment Clearly Alleges Felony Copyright Infringement
CPIP Blog
September 22, 2015

Devlin Hartline
Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators
CPIP Blog
September 16, 2015

Brad Sheafe
Google’s Patent Starter Program: What it Really Means for Startups
CPIP Blog
September 8, 2015

Devlin Hartline
The MovieTube Litigation: Who Needs SOPA?
Law Theories
August 31, 2015

Devlin Hartline
Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation
IPWatchdog
August 30, 2015

Terrica Carrington & Devlin Hartline
Patent Licensing and Secondary Markets in the Nineteenth Century
CPIP Blog
August 14, 2015

Adam Mossoff
Statement of Professor Adam Mossoff on Akamai v. Limelight
CPIP Blog
August 13, 2015

Devlin Hartline
Creators, Innovators, and Appropriation Mechanisms
CPIP Blog
August 11, 2015

Matt McIntee
Making Copyright Work for Creative Upstarts
CPIP Blog
August 4, 2015

Devlin Hartline & Matthew Barblan
Digital Goods and the ITC: The Most Important Case That Nobody is Talking About
CPIP Blog
July 29, 2015

Adam Mossoff
It’s Time to Say “No” to Junk Science in the Patent Policy Debates
CPIP Blog
July 15, 2015

Devlin Hartline
How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms
CPIP Blog
July 6, 2015

Patent Publius
Federal Circuit Threatens Innovation: Dissecting the Ariosa v. Sequenom Opinion
CPIP Blog
June 23, 2015

Adam Mossoff
Supreme Court Recognizes that Patents are Property
CPIP Blog
June 22, 2015

Devlin Hartline
Unintended Consequences of “Patent Reform”: The Customer Suit Exception
CPIP Blog
June 16, 2015

Chris Holman
Federal Circuit Decides Ariosa, and It’s Not Good News for Innovation in the Life Sciences
Holman’s Biotech IP Blog
June 12, 2015

Devlin Hartline
CloudFlare Enjoined From Aiding Infringers: Internet Unbroken
CPIP Blog
June 11, 2015

Adam Mossoff & Mark Schultz
Don’t Pull Up the Ladder: Congressional Inventors Should Oppose Weakening Patents
IPWatchdog
June 10, 2015

Mark Schultz & Devlin Hartline
Copyright’s Republic: Promoting an Independent and Professional Class of Creators and Creative Businesses
CPIP Blog
June 5, 2015

Mark Schultz & Devlin Hartline
Copyright’s Republic: Copyright for the Last and the Next 225 Years
CPIP Blog
June 5, 2015

Sean O’Connor et al.
Overdue Legal Recognition for African-American Artists in ‘Blurred Lines’ Copyright Case
Seattle Times
May 20, 2015

Adam Mossoff
Why Intellectual Property Rights? A Lockean Justification
Library of Law & Liberty
May 4, 2015

Kristen Osenga
Goodlatte and Google or the Good of the Economy?
Richmond Times-Dispatch
April 10, 2015

Adam Mossoff
Junk Science Still Front and Center in Push to Weaken Patents
The Hill
February 13, 2015

CPIP Staff
CPIP Supports Guidelines for the Protection of Fundamental IP Rights
CPIP Blog
February 2, 2015

Adam Mossoff
Reality Check: Weakening Wireless Technology Patents Hurts Everyone
RCR Wireless
January 28, 2015

Kristen Osenga
Congress Should Regulate Behavior, Not Business Models, When Crafting Patent Legislation
The Hill
January 27, 2015

Richard Epstein
Controlling Chinese Antitrust Abuses Against Foreign Patent Owners Requires Us to Make Sound Decisions At Home
Forbes
January 8, 2015


2014 Essays & Op-Eds

Chris Holman
The Courts and Patent Office are Killing Medical Innovation
The Hill
November 14, 2014

CPIP Staff
Cohen et al. “Patent Trolls” Study Uses Incomplete Data, Performs Flawed Empirical Tests, and Makes Unsupportable Findings
CPIP Blog
November 12, 2014

Mark Schultz
Bridging the Innovation Gap
The Hindu
November 4, 2014

CPIP Staff
IP Promotes Progress by Securing the Individual Liberty of Inventors and Creators
CPIP Blog
October 20, 2014

CPIP Staff
The Common Economic Case for Patents and Copyrights
CPIP Blog
October 19, 2014

Adam Mossoff & Mark Schultz
Intellectual Property Unites Creators and Innovators
CPIP Blog
October 17, 2014

Kristen Osenga
Policy Makers Must Realize Not All Licensing-Based Businesses Are the Same
IAM Magazine
October 1, 2014

Adam Mossoff & Mark Schultz
Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong
CPIP Blog
August 28, 2014

Adam Mossoff & Mark Schultz
Intellectual Property and Economic Prosperity: Friends or Foes?
TechPolicyDaily
August 27, 2014

Mark Schultz
Aereo Decision a Boon, Not a Bane for Innovation
American Enterprise Institute
June 26, 2014

Mark Schultz
Supreme Court Says Aereo Has to Play by the Rules
CPIP Blog
June 25, 2014

Matthew Barblan
Alice Gets the Most Important Question Right
CPIP Blog
June 19, 2014

Adam Mossoff
Tesla’s New Patent Policy: Long Live the Patent System!
CPIP Blog
June 17, 2014

Adam Mossoff
Thomas Edison Was a “Patent Troll”
Slate
May 19, 2014

Adam Mossoff & Brian O’Shaughnessy
Supreme Court Revises Fee-Shifting Rules in Patent Cases: Weeding out Bad Actors in a Level Playing Field
CPIP Blog
May 6, 2014

Adam Mossoff
Demand Letters and Mandatory Disclosures: First Amendment Concerns
CPIP Blog
April 29, 2014

Adam Mossoff
A Historical Perspective of Patent Litigation: Continued Innovation & Recurrent Controversy
CPIP Blog
April 11, 2014

Steven Tjoe
The Unintended Consequences of Patent “Reform”
CPIP Blog
April 4, 2014

Steven Tjoe
An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms
CPIP Blog
April 3, 2014

Steven Tjoe
Taking a Whack at the DMCA: The Problem of Continuous Re-Posting
CPIP Blog
March 14, 2014

Mark Schultz
Time to Revise the DMCA: The Most Antiquated Part of the Copyright May Be One of the Newest
TechPolicyDaily
March 13, 2014

Mark Schultz
A Free Market Perspective on Intellectual Property Rights
TechPolicyDaily
February 24, 2014

Sean M. O’Connor
Crowdfunding’s Impact on Start-Up IP Strategy
CPIP Blog
February 24, 2014

Steven Tjoe
Two More Reasons to Think Twice Before Changing Our Patent System
CPIP Blog
January 17, 2014


2013 Essays & Op-Eds

Adam Mossoff
The History of Patent Licensing and Secondary Markets in Patents: An Antidote to False Rhetoric
CPIP Blog
December 9, 2013

Adam Mossoff & Mark Schultz
Congress is Weakening Patents and Threatening to Kill the Innovation Economy
The Hill
December 9, 2013

Adam Mossoff
The Sewing Machine Patent Wars: What a 19th-Century Episode Tells Us About Smartphone Litigation Today
Slate
December 3, 2013

Matthew Barblan
Copyright is Still Essential to a Free Market in Creative Works
CPIP Blog
November 14, 2013

Adam Mossoff
The Nadir of “Patent Troll” Rhetoric
CPIP Blog
November 13, 2013

Mark Schultz
Mercatus’s Unhelpful Business Advice to the Creative Industries
CPIP Blog
October 18, 2013

Adam Mossoff
GAO Report Confirms No “Patent Troll” Litigation Problem
CPIP Blog
October 4, 2013

Adam Mossoff
Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)
CPIP Blog
August 19, 2013

Adam Mossoff
The Myth of the “Patent Troll” Litigation Explosion
CPIP Blog
August 12, 2013

Adam Mossoff
“Funny Math” Still Infecting Scholarship on Patent Cases in the ITC
CPIP Blog
August 9, 2013

Adam Mossoff
The Value of Injunctions – Douglas Dynamics v. Buyers Products Co. (Fed. Cir. May 21, 2013)
CPIP Blog
July 25, 2013

Wayne Sobon
Guest Post by Wayne Sobon: A Line in the Sand on the Calls for New Patent Legislation
CPIP Blog
June 24, 2013

Adam Mossoff
A Century-Old Form of Patent
New York Times
June 6, 2013

Adam Mossoff
Some Recommended Books on Scientists, Inventors and Innovators
CPIP Blog
April 12, 2013

Adam Mossoff
How Copyright Drives Innovation in Scholarly Publishing
CPIP Blog
April 6, 2013

Chris Holman
A Critique of a Recent Article Which Found That Sequence Patents Cover the Entire Human Genome
Holman’s Biotech IP Blog
April 5, 2013

Adam Mossoff
Patents are Property Rights
The Freeman
April, 2013

Chris Newman
Summary of Kirtsaeng v. John Wiley & Sons by Professor Chris Newman
CPIP Blog
March 21, 2013

Adam Mossoff
The SHIELD Act: When Bad Economic Studies Make Bad Laws
CPIP Blog
March 15, 2013

Adam Mossoff
Today’s Software Patents Look a Lot Like Early Pharma Patents
CPIP Blog
January 28, 2013

Adam Mossoff
The “Patent Litigation Explosion” Canard
CPIP Blog
January 28, 2013

Adam Mossoff
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1, Part 2)
CPIP Blog
January 28, 2013

Adam Mossoff
Some Historical Perspective on Today’s High-Tech Patent Wars
CPIP Blog
January 28, 2013

Mark Schultz
Copyright Reform Through Private Ordering
CATO Unbound
January 14, 2013

Adam Mossoff
Patented Innovation and Patent Wars: Some Historical Perspective
A Smarter Planet
January 11, 2013


2012 Essays & Op-Eds

Adam Mossoff
Policy Debates On Patents Should Focus On Facts, Not Rhetoric
Forbes
December 18, 2012

Mark Schultz
Copyright, Economic Freedom and the RSC Policy Brief
CPIP Blog
November 20, 2012