Articles

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Copyright Exhaustion and the Personal Use Dilemma (with Jason M. Schultz), Minnesota Law Review (2012)

Copyright law struggles to provide a coherent framework for analyzing personal uses. Although there is...

 

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Digital Exhaustion (with Jason M. Schultz), UCLA Law Review (2011)

As digital networks emerge as the dominant means of distributing copyrighted works, the first sale...

 

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Fixing RAM Copies, Northwestern University Law Review (2010)

Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of...

 

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In Defense of Intellectual Property Anxiety: A Response to Professor Fagundes, Minnesota Law Review Headnotes (2010)

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses...

 

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Unbranding, Confusion & Deception, Harvard Journal of Law & Technology (2010)

This Article addresses the phenomenon of unbranding. Unbranding occurs when a firm chooses to discontinue...

 

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Rethinking Anticircumvention's Interoperability Policy, UC Davis Law Review (2009)

Interoperability is widely touted for its ability to spur incremental innovation, increase competition and consumer...

 

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The Penumbral Public Domain: Constitutional Limits on Quasi-Copyright Legislation, University of Pennsylvania Journal of Constitutional Law (2008)

This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion...

 

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Evolving Standards & the Future of the DMCA Anticircumvention Rulemaking, Journal of Internet Law (2007)

Every three years, the Copyright Office conducts a rulemaking to determine temporary exemptions from the...

 

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The Magnificence of the Disaster: Reconstructing the Sony BMG Rootkit Incident (with Deirdre Mulligan), Berkeley Technology Law Journal (2007)

Late in 2005, Sony BMG released millions of Compact Discs containing digital rights management technologies...

 

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Relative Access to Corrective Speech: A New Test for Requiring Actual Malice, California Law Review (2006)

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests...