RIPL) has now been published. You can check out the contents here. For those in pursuit of a happy blend of real law and philosophical speculation, Emir Aly Crowne has penned this intriguing piece on patent-eligibility, Locke and utilitarianism. Ian Rubenstrunk's analysis of the Stephanie Lenz You-Tube take-down case noted by the IPKat here) and his argument that the courts should reject a narrow interpretation of 17 USC s.512(f) is also worth a read (but that's not to say that the other articles and case notes aren't!)
JBL), issue 4, 2011, in which avid readers are treated to "Attempts to Jettison the Intellectual Property Creator Using Corporate Structures and External Administration" by the excellent Mary Wyburn (Senior Lecturer, University of Sydney Business School). This valuable article, which will be of interest and concern to those on both sides of the employer/employee divide, has an Australian flavour which is about as strong as Vegemite, which makes its appearance under the heading 'British Business Law' little surprising.
|Just one year ago, this was an arrestable offence ...|
Another day, another consultation -- but this time it's from Ireland. Naoise Gaffney (Tomkins) and barrister Gemma O'Farrell have both sent the IPKat news of the latest consultation paper that has come out of the Irish Department of Jobs, Enterprise & Innovation. Naoise explains:
It's in response to the recent case [EMI v UPC, here] in which the Irish courts took the view that they were not fully compliant with the Copyright/Infosoc Directive and the Enforcement Directive. While this proposed amendment to the Irish Copyright and Related Rights Act proposes to address this perceived shortcoming, perhaps of greater interest is some of the accompanying commentary from the Department:
"It must be emphasised that this proposed amendment is not about the introduction of a statutory regulatory regime in relation to copyright infringement such as the French “Hadopi” system or the “Three strikes” regime set out in the Digital Economy Act in the United Kingdom.
In proposing to amend the legislation, the Department is particularly conscious of the importance of online content and digital businesses in the Irish context and, accordingly, is simply seeking to ensure Ireland’s continued compliance with its obligations under the relevant EU Directives following the decision of the High Court in the aforementioned UPC case".
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