Table of Contents

Free Speech Institutions and Fair Use of Copyrighted Work: A New Agenda for Copyright Reform

Hannibal Travis, Florida International University College of Law

Limited Liability Partnership in Pakistan: An Overview

Muhammad Sohail Asghar, Independent

Pursuit of Profit Poisons Collaboration

Jacob S. Sherkow, New York Law School

Three Dimensions of Patent Infringement: Liability for Creation and Distribution of CAD Files

Johnathon E Liddicoat, University of Cambridge - Faculty of Law, University of Tasmania
Jane L Nielsen, University of Tasmania
Dianne Nicol, University of Tasmania

The Changing Life Science Patent Landscape

Arti K. Rai, Duke University School of Law, Duke Innovation & Entrepreneurship Initiative
Jacob S. Sherkow, New York Law School

Editorial Notes

ERPN is sponsored by the Ewing Marion Kauffman Foundation and provides an online community for entrepreneurship research from all academic disciplines and the users of that information. SSRN is very pleased to work with the Kauffman Foundation in this important and growing area of scholarship.

Sponsored by the Kauffman Foundation

"Free Speech Institutions and Fair Use of Copyrighted Work: A New Agenda for Copyright Reform" Free Download
Cardozo Arts & Entertainment Law Journal, Vol. 33, No. 2, 2016

HANNIBAL TRAVIS, Florida International University College of Law

This article analyzes copyright law as a growing burden on free speech institutions such as newspapers, television stations, Web sites, and software platforms. Free speech institutions help us read, watch, access, write, perform, display, transform what has been written, and publish what is newly or previously written or transformed. Yet copyright law potentially outlaws the unauthorized reading, watching, performing, transforming, or publishing of existing work. Fair use shields free speech institutions from some claims of infringement based on their mediating role.

Emerging copyright norms could harm the freedom and diversity of the Internet, however. Associations of media and Internet corporations have become prolific sources of proposed norms governing Internet speech and communication. They asked the Obama administration to pressure Web sites such as YouTube to agree to a series of Principles for User-Generated Content Services, which would delete (or filter) quotations of media content in audio or audiovisual form, often without regard to fair use. An Open Book Alliance filed briefs in federal court arguing that Google should be restricted from contracting with publishers to create digital libraries of books. The Associated Press and Media Bloggers Association proposed that fair use be restricted online in ways that are contrary to established custom in print and on television, as well as online. Media corporations requested a National Broadband Plan that endorsed filtering out copyrighted material.

This article explores how negotiations between copyright industry trade associations and online services present a risk to free speech institutions. Specifically, the norms advanced by the associations are often framed so as to preserve revenue streams at expense of Internet users’ freedom of expression. Industry groups frequently characterize as “piracy? or a “threat? what courts or legislators would regard as First-Amendment protected, transformative fair use, outside the scope of copyright or trademark rights, or free competition under antitrust law. Moreover, such negotiations may increase the price of information works while reducing the quality of Internet services, including their interactivity and accessibility to the poor and those on fixed incomes. This article therefore describes the problem of non-price-related restraints on upstart Internet and social media companies, such as a requirement to filter out quotations. Such restraints do not burden incumbents, which typically do not confront prepublication filtering of their content.

Antitrust cases and constitutional doctrine are slow to evolve, however. For this reason, the article calls for reform of the fair use privilege of free speech institutions in three key areas: burden of proof, due process, and liability standards. The reforms are intended to serve core constitutional values: liberty of expression, communicative privacy, separation of powers, and the rule of law. Other scholars have proposed reforms to the fair use doctrine that alter procedures, focus on quantitative thresholds of use, or protect a subset of free speech institutions’ activity. This article proposes reforming the statute to shield fair users from liability if they do not harm the copyright holder, and to fix evidentiary problems which they face in proving a lack of harm. The proposed reforms will amend the fair use statute to prevent free speech institutions from confronting an impossible standard, i.e. a burden of disproving potential harm in aggregate.

"Limited Liability Partnership in Pakistan: An Overview" Free Download


Unlike the rest of the world, Limited Liability Partnership (LLP) is a comparatively newer business vehicle for Pakistanis. On August 8th, 2014 Securities and Exchange Commission of Pakistan (SECP) issued a press release to introduce this new concept. The reason for introduction of this business structure was to fill the gap between business firms such as sole proprietorships and partnerships, which are most of the times unregistered and limited liability companies that are governed by the Companies Ordinance, 1984. This research paper aims to define the basic concept of LLP from the Pakistan’s perspective with respect to its advantages and nature.

"Pursuit of Profit Poisons Collaboration" 
Nature, vol. 532, pp. 172-173

JACOB S. SHERKOW, New York Law School

The CRISPR–Cas9 patent battle demonstrates how overzealous efforts to commercialize technology can damage science.

"Three Dimensions of Patent Infringement: Liability for Creation and Distribution of CAD Files" 
Australian Intellectual Property Journal, 2016

JOHNATHON E LIDDICOAT, University of Cambridge - Faculty of Law, University of Tasmania
JANE L NIELSEN, University of Tasmania
DIANNE NICOL, University of Tasmania

3D printing is contributing to a global trend toward customization, user innovation and democratisation of design and manufacture. A key element of 3D printing is that computer aided design (‘CAD’) files are used to instruct printers to create physical 3D products. This article explores patent liability for creators of CAD files that provide directions for the creation of potentially infringing products. This analysis compares the Australian position to that in the US and UK. One US commentator has suggested that 3D printing will leave patentees helpless to combat widespread infringement. By examining direct and indirect infringement case law this paper finds that Australian law creates relatively clear liability for the creation and distribution of CAD files.

"The Changing Life Science Patent Landscape" 
Nature Biotechnology, vol. 34, pp. 292-93

ARTI K. RAI, Duke University School of Law, Duke Innovation & Entrepreneurship Initiative
JACOB S. SHERKOW, New York Law School

Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.


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