Friday, February 10, 2012 (10:30 am – 4:45 pm), Stanford Law School
This year’s Symposium is co-sponsored by Stanford’s Center for Internet and Society and will examine First Amendment challenges in the Digital Age. The first panel will explore European and American views of a right to be forgotten and how to balance privacy with [...]
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According to an often-cited study on the number of invalidated patents, nearly half of litigated patents were held invalid. Moreover, a new study published in March of 2011 has found that even the “most-litigated” patents, defined as patents that have been litigated eight or more times, fare very poorly in patent litigation. Perhaps not surprisingly, nearly 70% [...] The patent world is quietly undergoing a change of seismic proportions. In a few short years, a handful of entities have amassed vast treasuries of patents on an unprecedented scale. To give some sense of the magnitude of this change, our research shows that in a little more than five years, the most massive of [...] An online company provides products to individuals and small businesses. Like most online companies, it collects various types of information from its customers such as email addresses for notifications, mailing addresses for product shipment, and credit and debit card numbers for payment. Few people have read or watched the film adaptation of The Diving Bell and the Butterfly without proclaiming it a triumph of human will. Jean-Dominique Bauby authored the original memoir after suffering a major stroke that left him paralyzed from head to toe with minor exception, but with his mental capacities intact. He did so [...] This essay views secondary trademark liability in light of tort law’s treatment of parties whose actions expose a plaintiff to third-party wrongdoing. Broadly speaking, tort law imposes liability on a party for contributing to the tortious activity of another in two different ways. In vicarious and accomplice liability cases, courts impose on defendants the same [...] Trafficking in counterfeit and trademark-infringing goods is a widespread and serious problem, particularly in online marketplaces that provide a forum where third parties, with relative anonymity and at limited cost, can ply their trade. Fortunately, the law has long provided a fair, balanced standard for determining when a party can be held liable for contributing [...] The extent to which online service providers can be held liable for copyright infringement committed by users of their services is one of the more complicated and contentious copyright issues of our day. Courts have struggled with how to apply common-law doctrines of secondary liability to online activity. Congress has enacted limitations on the liability [...] The recent history of intermediary liability decisions in copyright and trademark law reflects a notable resistance to rules that might constrain judicial discretion to ferret out bad guys. The Supreme Court in Grokster suggested such resistance, by limiting the Sony safe harbor to defendants with squeaky-clean intentions. In the trademark context, recent decisions have shown [...] We have reached a telling intersection in the law of secondary copyright liability. Cases in which defendants seek to broaden the safe harbors of Section 512 of the Digital Millennium Copyright Act (“DMCA”) are running up against precedent generated by Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., in which courts have held service providers [...] |
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