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Two-party or Direct Economic Tort Liability

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

The orthodox analysis of the economic torts focuses on three-party, indirect liability. Both the tort of inducing breach of contract and the unlawful means tort envisage the use of a third party or ... More


Inducing Breach of Contract

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

The classic form of this tort, as featured in Lumley v Gye, involves the defendant persuading the claimant's contract partner to contract breach. Subsequently courts accepted varieties of this tort, ... More


Intimidation

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These ... More


Damaging Copyright Damages

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter analyzes the issue of the danger posed by statutory damages. It begins with an overview of the law of statutory damages. It then examines Congress's intent, describing the purposes of ... More


The Unlawful Means Tort 1

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

Although the existence of this tort is implicit in the discussion in Allen v Flood, it has only received its first real analysis in OBG. This chapter maps the history of the tort and its relationship ... More


Conspiracy

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the history and ingredients of the two types of conspiracy liability: lawful means conspiracy and unlawful means conspiracy. Throughout the 20th century, the relationship of the ... More


The General Economic Torts: Conclusion

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter considers the two 21st century decisions of the House of Lords concerning the general economic torts: OBG and Total Network. Though in both decisions the House of Lords attempted to ... More


Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines dual-use technologies such as the VCR, computer, CD burner, iPod, TiVo, and peer-to-peer (P2P) file sharing. It discusses the case of Sony Corporation of America v. Universal ... More


Infringement Nation: Copyright 2.0 and You

John Tehranian

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199733170
eISBN:
9780199894567
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199733170.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

Written on the occasion of copyright's 300th anniversary, this book presents an analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in ... More


The Individual as Infringer

John Tehranian

in Infringement Nation: Copyright 2.0 and You

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199733170
eISBN:
9780199894567
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199733170.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on the individual as infringer by examining copyright law's formal take on an average day in the life of an ordinary individual. In so doing, it builds the case for rethinking ... More


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