This article examines three critical, interrelated challenges for reforming legal protection for computer software: (1) analyzing the market failures that might justify government intervention to define (or alter) the legal entitlements granted for software innovations; (2) predicting the likely...

The Supreme Court’s decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor...

The article examines the recent efforts of the Property Rights Movement to expand the "property tent" to emcompass intellectual property. In eBay v. MercExchange, a case addressing the standard for injunctive relief in patent cases, some property rights advocates argued that the Supreme Court...

In Rise of the API Copyright Dead? An Updated Epitaph for Copyright Protection of Network and Functional Features of Computer Software, I analyzed and critiqued the Federal Circuit’s 2014 ruling in Oracle v. Google that revives the flawed and long-dormant Whelan framework for analyzing the...

After a decade of bruising legal battles, the courts and software industry norms largely resolved the costly war over the scope of copyright protection for computer software. By the mid 1990s, freedom to develop interoperable devices, systems, and software triumphed over broad copyright...

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...

The information revolution has brought demand-side effects to the fore of economic activity, business strategy, and intellectual property jurisprudence and policy. Intellectual property doctrines play a central role in harnessing network effects, promoting innovation to overcome excess inertia,...

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...

This article comments on the Supreme Court's 2017 Star Athletica v. Varsity Brands decision addressing copyright's useful article doctrine. It shows that the majority's analysis mistakenly lends credence to the notion that copyright protection can extend to functional elements of useful articles...

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...