Alain Strowel

Intellectual property and theories of justice

In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the main theories of justice? Whats exactly wrong with free-riding, when dealing with non-rival goods? This requires a close examination of a variety of specific issues such as peer-to-peer file sharing, access to vital medicines, the interaction between copyright and freedom of expression, patents on genes, etc. It also involves bringing together state-of-the-art knowledge on legal, economic and technical issues with the most advanced state of our normative theories.

Peer-to-Peer File Sharing and Secondary Liability in Copyright Law

Contents: IntroductionPeer-to-Peer File Sharing and Secondary Liability in Copyright LawAlain Strowel1. Liability of Users and Third Parties for Copyright Infringements on the Internet: Overview of International DevelopmentsAllen N. Dixon2. Legal Issues in Peer-To-Peer Filesharing, Focusing on the Making Available RightMichael Schlesinger3. Secondary Liability for Copyright Infringement with Regard to HyperlinksAlain Strowel and Vicky Hanley4. Copyright Control vs. Compensation: The Prospects for Exclusive Rights after Grokster and KazaaJane C. Ginsburg 5. Global Networks and Domestic Laws: Some Private International Law Issues Arising from Australian and US Liability Theories Graeme W. Austin6. A Bipolar Copyright System for the Digital Network EnvironmentAlexander Peukert7. Sharing Out Online Liability: Sharing Files, Sharing Risks and Targeting ISPsBob Clark8. A Reverse Notice and Takedown Regime to Enable Public Interest Uses of Technically Protected Copyrighted WorksJerome H. Reichman, Graeme B. Dinwoodie and Pamela SamuelsonIndex

Introduction: Peer-to-Peer File Sharing and Secondary Liability in Copyright Law

Every book has a history. This book originates in a 2005 Brussels conference discussing the impact of peer-to-peer technology on the future of copyright law.2 Peer-to-peer technology, as further explained below, allows people to exchange information over the Internet via many equal or ‘peer’ machines linked across a network, rather than on a central server. From a copyright point of view, the main controversy surrounding peer-to-peer networks is whether providers of peer-to-peer technology and services can be liable when users infringe copyright through their networks. This issue has been hotly debated in legal circles and in the press, especially in 2005, when the US Supreme Court issued its highly anticipated decision in the controversial case MGM Studios, Inc. v Grokster Ltd.3 In this decision, the Supreme Court held that the two popular file-sharing networks, Grokster and Streamcast (dba Morpheus), were indeed liable for ‘actively inducing’ the end-users’ acts of infringement. As will be explained, the liability for inducement is one form of secondary liability for copyright infringement. Peer-to-peer (or P2P) file sharing and secondary liability are the central themes in this collection of essays on copyright. Both topics are closely linked. ‘Secondary’ (or derived) liability presupposes a primary infringer. In peer-topeer networks, the primary infringers, those who upload copyrighted files without authorization, are numerous and difficult to reach, and going after them poses many legal and practical issues. Copyright owners thus prefer to direct their legal actions against those who allow or promote direct infringements, for instance, those who operate the peer-to-peer networks or develop

Copyright Licensing : a European View

The Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts. This major research tool analyses the features of specific types of licensing agreements and also addresses other practical issues which apply across different types of licensing transactions, such as the treatment of licensing in bankruptcy and the use of arbitration for solving licensing disputes. The Handbook ultimately provides a scholarly contribution to the development of global intellectual property licensing policies. Including transversal and comparative analysis, this Handbook will appeal to intellectual property licensing practitioners, lawyers and intellectual property and contract law academics.

How (Un)fair is Intellectual Property

In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the main theories of justice? Whats exactly wrong with free-riding, when dealing with non-rival goods? This requires a close examination of a variety of specific issues such as peer-to-peer file sharing, access to vital medicines, the interaction between copyright and freedom of expression, patents on genes, etc. It also involves bringing together state-of-the-art knowledge on legal, economic and technical issues with the most advanced state of our normative theories.

Last-ditch attempt to improve the EU patent system

The European Commission has proffered a compromise seeking to revitalize the ongoing debate on the patent system in Europe by enabling Member States to reach a consensus.