I often review intellectual property law/econ articles, and industry studies. To make my write-ups more accessible to readers, I compile them into a post every so often. Below, kindly find my reviews for February 2007.

Basic and Elementary Points on DRM, on Victor Mayer-Schonberger, Beyond Copyright: Managing Information Rights With DRM, 84 Denver University L. Rev. 181 (2006)- how the DMCA and DRM need only deter unauthorized use to facilitate Congress’ goal of enabling online business models.

Demand-Side Aspects of Technology Transfer, on Brett Frischmann, Commercializing University Research Systems in Economic Perspective: A View from the Demand Side (2005), available at SSRN- potential changes to university technology transfer systems that may be offset by universities considering commercializing technologies as falling within their academic missions.

Ex Ante and Ex Post Justifications for Patents, on Paul Heald, F. Scott Kieff, Edmund Kitch and Robert Merges- how patents may be justified for their role in facilitating transactions, commercialization and other items important in innovation.

First House Committee Patent Hearings for 110th Congress, on House testimonies by Adam Jaffe, Mark Myers, Suzanne Michel and Daniel Ravicher (2007)- testimonies on how the patent system is imortant for innovation, but can be improved; and then one odd-outlying testimony.

Ginsburg on the DMCA, DRM and Fair Use, on Jane Ginsburg, The Pros and Cons of Strengthening IP Protection: Technological Protection Measures and Section 1201 of the US Copyright Act, Columbia Public Law Research Paper No. 07-137 (2007)- available at SSRN- developments in DMCA fair use and reverse engineering case law that are consistent with Congress’ intent in passing the DMCA.

IFPI Digital Music Report (2007)- on how problems with DRM relate to its deployment rather than DRM itself.

IIPA Report on Copyright's Contributions to the American Economy- on IIPA, Copyright Industries in the U.S. Economy (2007)- how the core copyright industries disproportionately contribute to the American economy.

Incomplete Historiographies and Intellectual Property Policy, on Justin Hughes, Copyright and Incomplete Historiographies: of Piracy, Propertization, and Thomas Jefferson, Southern California Law Review (forthcoming), available at SSRN- how historical arguments against IPRs are incomplete in their historical evidence.

More on an Independent Invention Defense for Patents, on Samson Vermont, The Angel is in the Big Picture: A Response to Lemley, George Mason Law & Economics Research Paper No. 07-02, Michigan Law Review (forthcoming), available at SSRN- summary of arguments for an independent invention defense for patents.

Patent Reform Must Encourage Commercialization, on F. Scott Kieff, A Keirestu Approach to Patents (2007)- how strong patents facilitate commercialization and innovation.

Raising the Ladder for Innovation, on Kevin Boudreau, Too Many Complementors? Evidence on Software Developers (2007), available at SSRN- how increasing competition does not necessarily increase innovation.

What is Not a Patent Troll, In the Negative Sense, on James McDonough, The Myth of the Patent Troll: An Alternative View of the Function of Patent Dealers in an Idea Economy, 56 Emory Law Journal 189 (2006)- how patent dealers promote the progress of science and useful arts.

The Prevalence of Ex Post Justifications for Patents, on various authors- how ex post justifications for patents find grounding in academic literature, the Constitution, government-university policy; and provide descriptive value for understanding modern IP industries.

Independent Invention Defense For Patents, on Mark Lemley, Should Patent Infringement Require Proof of Copying? (2007), available at SSRN- how an independent invention defense for patents may undermine innovation incentives and the licensing market enabled by patents.

The Public Domain That Matters to IPR Policy , on Pamela Samuelson, Enriching Discourse On Public Domains, 55 Duke L.J. 783 (2006)- on different conceptions of the "public domain," and how only one arises from a formal legal basis (rather than your disuptopian open source pop culture).

posted by Noel Le @ 5:19 PM | Academia, DMCA, DRM & Watermarks, etc., Patents

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